Full text of "The charter and ordinances of the city of Portland, together with acts of the Legislature relating to the city, and to municipal matters"

See other formats

Digitized by the Internet Archive

in 2007 with funding from

IVIicrosoft Corporation

http://www.archive.org/details/charterordinanceOOportrich

THE

CHARTER MD ORDINMCES

OF THE

CITY OF PORTLAND,

TOGETHER WITH

ACTS OF THE LEGISLATURE,

RELATING TO THE CITY,

AND TO MUNICIPAL MATTERS.

COLLATED AND REVISED BY

A JOINT COMMITTEE OF THE CITY COUNCIL,

ASSISTED BY

CLAKENCE HALE, Esq., City Solicitor.

•■^x.

PORTLAND, MAINE I

DRESSER, McLELLAN & COMPANY.

1881..

PRESS OP

Charles E. Nash,

AUGUSTA.

CITY OF PORTLAND.

In Board of Mayor and Aldermen,

April 5th, 1880.

Ordered, That a committee consisting of two on the part of
this Board, and such as the Common Council may join, be
appointed, whose duty it shall be to cause the ordinances of the
city to be revised, collated and arranged for publication, together
with the city charter and such statute laws as are applicable to
the affairs of the city.

That the committee shall make report to the city council from
time to time any changes required to be made, or deemed neces-
sary to make in the ordinances of the city. And that the com-
mittee have power to employ such assistance as they deem
expedient to prosecute the work, the clerk hire not to exceed
five hundred dollars, the expense to be paid from the contingent^
fund.

Read and passed ; and appointed, on part of this Board,
Aldermen Andrews and Chapman. Sent down.

In Common Council. Read and passed in concurrence : and
joined to committee M.essrs. Melcher, Duddy and Thurston.
Approved, April 7, 1880.

116880

CITY OF PORTLAND.

Ix Board of Mayor axd Aldermex,

March 14, 1881.
Ordered^ That a joint special committee of two on the part of
this Board and three on the part of the Common Council be
appointed .to supervise the work of printing and binding the
revised ordinances of the city under the contract made by order
of the last City Council through its committee on revised
ordinances.

Read and passed ; and api)ointed Aldermen Chapman and

AVinslow, and sent dow^n.
I

In Common Council. Read and passed in concurrence, and
appointed Messrs. Melcher, Duddy and Thurston.

Approved, March 15, 1881.

PEEFACE

The City Council, by the foregoing orders, authorized a
revision and compilation of the city ordinances, together with
the city charter and such statutes as should be applicable to city
affairs. The committee to whom the work was assigned have
attended to their duty, with the assistance of Clarence Hale,
Esq., City Solicitor, and present this book as the result of their
labors. In the preparation of this work the general plan adopted
in previous editions has been substantially followed, because the
arrangement is familiar to members of the city government and
to our citizens. The historical and explanatory notes have been
enlarged, and a great number of references have been made to
judicial decisions. These notes and references have been made with
as much brevity and conciseness as possible, and are inserted
not Avith the idea of making this book a treatise on municipal
law, but in the hope that city officers and members of com-
mittees, in their departments, may find some helpful suggestions,
and some answers to the inquiries that constantly arise as to the
rights of the city and the duties of its various officers and agents
in the administration of municipal affairs. With this object in
view more general statutes relating to municipal matters are
printed in this volume than have been in former editions,

8 PKEFACE.

although it would be obviously impossible that all the laws bear-
ing on those matters could be embraced in a book of this .size.
The citations from statutes are made from the revised statutes of
1871, and from the yearly statutes since that time. This has
involved much more labor in compilation than would have been
necessary if the revision of the State statutes, now in progress,
had been completed. In many cases statutes bearing on munici-
pal afiairs have been only referred to without taking the space to
quote their language, but in nearly all cases where statutes have
been quoted at all, they have been printed in full from the orig-
inal laws. The ordinances passed since the last revision in 1868,
both those in the Municipal Eegistry of 1880 and those made
since its publication, are compiled without change, and grouped
in their proper chapters with the ordinances already printed in
the edition of 1868.

In the execution of the plan of the committee the volume
contains :

1st, The ordinances of the city.

2d, The city charter and special acts of the legislature relating
to the city, collated under appropriate titles and chapters ; also
special acts bearing upon our railroad, and other public interests,
as well as some agreements and citations from records bearing
on those interests.

3d, Such notes and memoranda of judicial decisions as are
deemed necessary and useful, so far aj? space would permit.

4th, An appendix containing the Rules and Orders of the
City Council and of the two Boards, and a catalogue of the City
Council since the incorporation of the city.

Portland, November, 1881.

CONTENTS.

PAGE.

City charter and amendments, 25

Agents, • 47

Amusements, 63

Assemblies, 65

Auctions and auctioners, 58

Boats and Lighters, 61

Boundary lines, " 63

Bread, assize of, 67

Bridges, ^ ....... 68

Buildings, 75

Carriages, 79

Cemeteries, 92

Children, abused and neglected, 110

City auditor, 113

City clerk, 117

City constable and messenger, . , 128

City council, 129

City engineer, 130

City (now Market) Hall, ..133

Clerk of the common council, 135

Constables, 136 ^

Contracts and expenditures, 137

Cows, 140

Criers, 141

Dogs, 142

Drains and sewers, 145

Elections, 154

Ferries, 174

Finance, 179

10 CONTENTS.

PAGE.

Fire, . . . 186

Flour, 210

Gas, 212

Gunpowder, 222

Harbor of Portland, 229

Hawkers and pedlers, • . . . . 240

Hay, 243

Health, , 246

Histories of cities and towns, 277

House of Correction, 278

Industrial school, 280

Innholders and victualers, 281

Intelligence offices, 285

Jurors, 286

Lamps and lamp posts, 291

Leather, 293

Libraries, 295

Lumber, 296

Lunatics, . 301

Manufacturing establishments, 305

Manures, commercial, 307

Milk, 309

Municipal court, . 312

Nuisances, - . . 317

Ordinances and by-laws, . 323

Paupers, 327

Pawn brokers, 337

Permits, . 339

Petroleum, inspection of, 340

Pilots, 342

Police, 344

Public buildings, 352

Public Parks and squares, 359

Railroads, . 362

Rebuilding of burned district, .... . . . .416

Riots, 420

Sale of second hand articles, junk, &c 424

Schools, 426

Seal of the city, 447

Sinking fund, 450

CONTENTS.

PAGE.

Solicitor, 452

Steam, 454

Streets, 459

Surveyor of stone, 507

Taxes, 508

Tramps, 534

Trees, 537

Truants. See Schools, . . . . , 432

Vinegar, 540

Wards, 541

Water, 546

Watering troughs, 561

Weighers and gaugers, 562

Weights and measures, .• 564

Weigher of hard coal, 567

Weigher of plaster, . . . . . *. 570

Wells arid pumps, 571

Wharves, 572

Wood, bark and charcoal, 574

Ordinance in relation to revised ordinances, 581

Appendix, 583

Rules and orders of city council, 588-591

Rules and orders of common council, 592-596

Rules and orders of board of aldermen, .* . . . . 585-587
Catalogue of city governments since 1832, . . . . . 599-629

LIST OF ORDINANCES

CONTAINED IN THIS VOLUME.

FAGB.

1. All ordinance concerning the liquor agent, . . . 51

2. An ordinance concerning auctions in streets, . . .60

3. An ordinance concerning buildings, . . . .76

4. An ordinance concerning carriages, . . . . . 81

5. An ordinance concerning cemeteries, . . . . . . 94

6. An ordinance concerning city auditor, ...... 13

7. An ordinance concerning city clerk, 126

8. An ordinance concerning city constable and messenger, . 128

9. An ordinance concerning city council, . . . 129

10. An ordinance concerning city engineer, 130

11. An ordinance concerning city (now Market) Hall, . . 134

12. An ordinance concerning clerk of common council, . . . 135

13. An ordinance concerning contracts and expenditures, . . 137

14. An ordinance concemiAg cows, 140

15. An ordinance concerning criers, ... . . 141

16. An ordinance concerning dogs, . ..... 143

17. An ordinance concerning drains and sewers, .... 150

18. An ordinance concerning elections, . . ... 171

19. An ordinance concerning finance, . . . . - 182

20. An ordinance concerning fire, ...... 194

21. Rules and regulations for the government of thie fire department, 196

22. Rules and regulations of engineers of fire department, . . 205

23. Rules and regulations relating to gunpowder, . . . 225

24. An ordinance concerning the harbor, 237

25. An ordinance concerning hay, . 244

26. An ordinance concerning health, 262

27. An ordinance concerning lamps and lamp posts, . . . 291''

14 LIST OF ORDINANCES.

PAGE.

28. An ordinance concerning leather, its exposure in streets, . 294

29. An ordinance concerning milk, inspection of, . . . . 310

30. An ordinance concerning nuisances, steam whistles, . . .321

31. An ordinance concerning ordinances and by-laws, . . . 325

32. An ordinance concerning permits, 339

33. An ordinance concerning petroleum, inspection of, . . 341

34. An ordinance concerning police, . 340

35. An ordinance concerning public building, .... 352

36. An ordinance concerning public grounds, removing gravel from, &c. 361

37. An ordinance concerning Portland and Forest Avenue Railroad, 398

38. An ordinance relating to city bonds for loans to rebuild burned

district, . . . , 419

39. An ordinance concerning riots, . 423

40. An ordinance concerning schools, 443

41. An ordinance concerning seal of the city, .... 448

42. An ordinance concerning sinking fund, 450

43. An ordinance concerning solicitor, 453

44. An ordinance concerning streets, 477

45. Regulations respecting the laying of gas pipes in streets, . 504

46. An ordinance concerning surveyor of stone, .... 507

47. An ordinance concerning taxes, . . ' 532

48. An ordinance concerning trees, 538

49. An ordinance respecting habitual truants, and children growing up

in idleness and ignorance. See Schools, . . . 443

50. An order concerning wards, 543

51. An ordinance concerning water, 554

52. An ordinance concerning weighers and gaugers, . . . 562

53. An ordinance concerning weigher of hard coal, . . . 567

54. An ordinance concerning weigher of plaster, . . . .570

55. An ordinance concerning wells and pumps, . . . . 571

56. Order establishing a wharf line, 573

57. An ordinance concerning wood, bark and charcoal, . . . 576

58. An ordinance in relation to the revised ordinances, . . .581

INDEX TO CITY CHARTER,

[ The figures refer to the numbers of sections.']

ABUTTORS, to pay two-tliirds cost of drains, 24.

may be allowed to build sidewalk or footway, 27, 28,
ACCEPTANCE OF CHARTER, provisions for, 26.
ADMINISTRATION of affairs, vested in, 2.
ALDERMEN, board of, how constituted, 2.

executive powers of, 5,

mayor to preside, 3.

concurrent vote, 5, 6.*

election of, 12, 13.

organization of, 13.

to examine election returns, 13.

chairman of, powers and duties, 14; do. jpro tern., 14.
^ to appoint time of ward meetings, 17.

to warn general meetings of voters, 18.

no salary, 19,

ineligible to other city oflSces of pay, 19.

to approve bond of treasurer,' 20. I

may temporarily forbid passing in the streets, 22.

make drains, &c., 24.

duties relating to acceptance of charter, 26.

duties relating to footways, «S;C., 28, 29.

mayor and, may summon witnesses at certain hearings, 32.

appointments, by mayor and aldermen, page 26, note.
and removals. See Officers.
APPROPRIATIONS, all orders to state what, 7.

moneys to be put to no other purpose, 19.

IQ INDEX TO CITY CHAKTEE.

ASSESSORS, election of, 8.

ASSISTANT, election of, and duties, 8.
ASSESSMENT AND ESTIMATES of cost of sidewalks and foot ways,
28, 29:

sewers and drains. See Drains and Sewers.
BOATS, SAIL, license of, &c., 16.
BONDS OF OFFICERS, 7, 20.
BUILDINGS, &c., care of, 7.
BY-LAWS, &c., maybe ordained, 1.

old in force, 25.
CARRIAGES AND HORSES. See Passing.
CELEBRATIONS, assessment of money for, 16.
CEMETERY, -EVERGREEN, city may make by-laws about, 31.

existing ordinances made valid, 31.
CERTIFICATES OF ELECTION, 13. ^ •

CITIZENS' MEETING, GENERAL, 18.
CHARTER, when it took effect, 26.

original, when, page 25, note,
CITY COUNCIL, how constituted, 2,

papers from mayor to, 4.

to fix salaries, 3, 6.

care of buildings and property, 7.

to require bonds from certain officers, 7.

to publish account of receipts and expenses, 7.

to collect, &c., taxes, 8.

to lay out, &c., streets and sidewalks, 9.

to determine regular and special meetings, 13.

may offer rewards, 16. . . •

wrecks and ice in harbor, 16.

sails boats, regulation of, 16.

enclosure of lots, 16.

assize of bread, 16.

may assess money for celebrations, 16,

to supervise treasurer's account, 20,

to locate streets anew every ten years, 2L

to lay side walks, &c., 23.

to lay side wialks and foot ways, 27, 28.
CITY ENGINEER, to locate streets, 21.
CITY CLERK, filing of papers, 9.

duties of, 17, 18.

INDEX TO CITY CHARTER 17

CITY CLERK, to give notice of ward meetings, 17.

to make record of elections,- 13. '

to make record of streets, 21.

pro tern. 17.
CLERKS OF WARDS, 11, 12, 13, 15.
COLLECTOR, TREASURER IS, 20.
COMMON COUNCIL, how constituted, 2. -

concurrent vote, 5, 6.

powers vested, 5.

election of, 12, 13.

organization of; 13.

president and clerk, 13.

no salary, 19-

members ineligible to other city offices of pay, 19.
COMMITTEES, accountable for moneys, 19.

on new streets, 9, 21.
COMPENSATIONS, fixed by city councU, 6.

number of aldermen and councilmen, 19.
CONSTABLES, 12, 13, 15.
CONVENTIONS, JOINT, 6, 13.

CORPORATE POWERS, rights, &a, same as formerly, 1, 5.
COUNCIL See City Council and Common Council.
COURTS, appeal to, 9 24.

CRIMES AND CRIMINAL, prevention of by City Council, 16.
DAMAGES ON STREETS. 9.
DISCONTINUING STREETS, 9.
DRAINS AND SEWERS, repairs, 10, 24.

aldermen to make, &c. 24.

abuttors to pay, 24.

fines for entering without permit, 24,
APPEALS, 24.
ELECTIONS, each board to judge of its own members, 5.

provisions for vacancies, 5.

of city officers, 12, 26. See Officers.

annual provisions for, 13.

postponement of, 13.
ENGINEER. See City Engineer.
ESTIMATES. See Assessments.
EXECUTIVE POWERS, in whom vested, 5.
FIRE DEPARTMENT, powers of vested in, 5.

18 INDEX TO CITY CHARTER.

FOOT WAYS, city may require adjacent owners to construct, 27.
construct, without notice, &c. 28.
assessment for, 28, 29, 30.
curb and paving for, 28, 29.
FOURTH OF JULY CELEBRATION, 16.
GAS PIPES IN STREETS, 10.
GRIEVANCES, redress, 18.
HEALTH DEPARTMENT, vested in, 5.

oflaces appointed, 6.
HARBOR COMMISSIONERS, 9.

line of, 22. •

HARBOR, wrecks, and ice in, 16.

wharf extensions, 22.
HORSES. See Passing.

INCORPORATION OF PORTLAND. See Portland.
INHABITANTS, corporate powers, &c., of, 1, 5.

to vote on charter, 26.
ISLAND WARD, 15, and note.

JUSTICE OF PEACE AND MUNICIPAL OFFICERS, 13.
LAYING OUT STREETS, &c., 9.
LOCATION OF STREETS. See Streets.
LOTS, enclosures of, 16.

and sidewalks in front of, 23 » •
LOW WATER MARK, *9, 22.
MARSHAL AND DEPUTIES, 5.
MAYOR, chief executive, 2, 3.

general duties, &c., 3.

and powers, 5.

to recommend measures, 3.

salary of, 3.

to preside at board of aldermen, 3.

only a casting vote, 3.

approval of papers, 4.

veto power, 4.

vacancy, 4, 13.

orders on treasurer, 7.

permits to obstruct streets, 10.

election of, 12 and 13.

notification of, 13.

oaths, 13.

in case of non-election, 13.

INDEX TO CITY CHARTER. 19

MEETINGS, general, of voters, 18.

of board, general and special, and ordinance on, ^3 and 14.
MONEYS, how to be paid, 7, 19.
OATHS OF OFFICERS, 2, 13.
OBSTRUCTIONS, in streets, 10.
OFFICERS, how and when elected and terms, 6, 26.

bonds of, 7.

in case of moving, residence, 12.

accountable for moneys, 19.

old to hold over, &c., 25, 26.

subordinate, appointment and removal, 5, 6.

election of, 12, 26.

hearing about dereliction of duty of witnesses, 32.

"municipal," term means mayor and aldermen of cities, note, page
42.

case of majority failing of election, page 32, note.
OVERSEERS OF POOR, 8.
ORDERS, for moneys, 7.
ORDINANCES, &c., still in force, 25.

power to make, 1.

approval of mayor, 4.

and sidewalks, 23.

on marshals, &c. , 5.
PASSING of horses may be prohibited at times, 22.
PENALTIES, imposition of, not exceeding $100, 1.

and sureties of officers, 7.

on unenclosed lots, 16.

under old charter, 25.
POLICE DEPARTMENT, vested in, 5.

how constituted, 5.

appointed, 6,

and watch department may be joined, 5.
PORTLAND, when incorporated, page 25, note.

laws of 1878, page 27, note.
PROPERTY, (city,) care of, 7.

amount city may hold, and account of, 7.
RECONSIDERATION OF PAPERS, 4.
RECORD, each board to keep, 5. '

of streets, 21.
REMOVAL OF OFFICERS, 6, 12.

20 INDEX TO CITY CHAKTER.

REPEAL OF ACTS, inconsistent, 25.

REPRESENTATIVES, instructions to, 18.

REWARDS, power to offer, 16.

SAIL BOATS, examination, regulation of, &c., 16.

SALARIES, all fixed by city council, 6.

SEWERS. See Drains.

SIDEWALKS, may regulate height, &c., 9.

repairs of, 10.

construction of, provisions for, 23.

ordinance concerning, 23.

posts and trees along edge of, 9.

paving of, 23.

and footways, 27, 28, 29, 30, 23.

assessments, 29, 30.
curbs of same, 28.
paving, 29.
STREETS, laying out, discontinuing, &c., and damages, 9.

appeal from reported damages, &c., 9.

committee on laying out, &c., 9, 21.

obstructions for repairs, &c. , 10.

to be re-located every ten years, 21.

temporarily passing may be stopped, 22.

committee on, 23.

commissioner, 23.

location of to be ascertained by city engineer, when, 21.
SUBORDINATE OFFICERS. See Officers.
TAXES, ASSESSORS, &c., 7. ' .

apportionment and collection, 8.

collection, 20.

sales of property for, 20.

assessed in 1863 and after to be collected by treasurer alone, 20.
TELEGRAPHS, damage, &c., from, 9.
TREES, damage, &c., from, 9.
TREASURER, orders on, 7.

treasurer and collector, general powers and duties, 20.

bond of, 20.

deputies &c., 20.

to collect assessments on drains, &c. , 24.

alone to collect taxes after 1863, 20.

INDEX TO CITY CHARTER. 21

VACANCY IN MAYOR'S OFFICE, 4, 13.

in boards, 5.

in subordinate offices, 6.
VETO OF MAYOR, 4, 14.
VOTE to adopt charter, 26.
VOTERS, general meeting of, 18.

how called, 18.

and purposes of, 18.

to vote on charter, 26.
WARDS, to be seven, 11,

revisions of, 11.

island ward, 15, and note.
WARD MEETINGS, how called, &c., 11, 13, 17.

for acceptance of charter, 26.
'WARDENS AND CLERKS, choice of, &c., 11, 12, 13, 15. *

duties, (Sbc, 11, 13, 15.

assistants, 11.
WARRANTS ON TREASURER, 20.
WATCH AND WARD, vested in, 5.
WATER PIPES in streets, 10.
WHARVES, extension of, 22.
WIDENING, &c., streets, 9.

WITNESSES may be compelled to attend before mayor and aldermen in certain
hearings, 32.
punished for failure to comply with summons, 33.

CITY CHARTER,

City Cliarter.'

Section 1. The inhabitants of Portland shall continue private la^s
to be a body politic and corporate by the name of the 1863, c. 275.
city of Portland, and as such, shall have, exercise, and corporate
enjoy all the rights, immunities, powers, privileges and powers,
franchises, and shall be subject to all the duties and
obligations now appertaining to, or incumbent upon said
city, or the inhabitants or municipal authorities thereof ;
and may ordain reasonable by-laws and regulations for
municipal purposes, and impose penalties for the breach ^7^^^^
thereof, not exceeding one hundred dollars, to be recovered
for such uses as the municipal authorities may appoint. Penalties.

Section 2. The administration of all the fiscal, pruden-
tial and municipal affairs of said city, with the govern-
ment thereof, shall be vested in one principal magistrate
to be styled the mayor, and one council of seven to be
denominated the board of aldermen, and one council of
twenty-one, to be denominated the board of common Aldermen,
council, all of whom shall be inhabitants of said city ;
which board shall constitute and be called the city council ; i\yia.
and shall be sworn or aflfirmed in the form prescribed by
the constitution of the State for State officers. 2

1 Portland was Incorporated as a town July 4, 1786. It adopted a city
charter March 26, 1832, the number of votes cast being 1,276. In favor of
accepting charter, 780, against, 496.

The original charter is chapter 248, acts of 1832;

The charter above is a revision, with amendments of 1870, 1871, and 1881.

The powers and duties of the city government have been enlarged and'
modified in many respects by general legislation.

* By R. S., c. 1, § 4, the mayor and aldermen of cities are the " municipal:
officers." For general duties of, see R. S., 1871, chapters 3 and 4.

CITY CHARTER.

Duties of
Mayor.

Ibid.

Laws, &c., to be
approved by
Mayor.

ilbid.

"Teto power.

Executive
powers; in
wliom vested,

Ibid.

Section 3. The mayor of said city shall be the chief
executive magistrate thereof. It shall be his duty to be
vigilant and active in causing the laws of the State, and
ordinances and regulations of the city, to be executed and
enforced, to exercise a general supervision over the conduct
of all subordinate officers, and to cause violations or neglect
of duty on their part to be punished. He shall, from time
to time, communicate to the city council, or either board,
such information, and recommend such measures, as the
interest of the city may require. He shall preside at all
meetings of the mayor and aldermen, and in joint meetings
of the two boards, but shall have only a casting vote.^
He shall be compensated for his services by a salary to be
fixed by the city council, payable at stated periods, and
shall receive therefor no other compensation, which salary
however, shall not be increased or diminished during his
year of office.

Section 4. Every law, act, ordinance, resolve or order,
requiring the consent of both branches of the city council,
excepting rules and orders of a parliamentary character,
shall be presented to the mayor for approval. If not
approved by him he shall return it with his objections at
the next stated session of the city council, to that branch
in which it originated, which shall enter the objections at
large on its journal, and proceed to reconsider the same.
Jf upon such reconsideration it shall be passed by a vote of
.two-thirds of all the members of that branch, it shall be
sent, together with the objections, to the other branch, by
which it shall be reconsidered, and if passed by two-thirds
of that branch it shall have the same effect as if signed by
the mayor. In case of vacancy in the office of mayor,
when said law, act, ordinance, resolve or order be finally
passed, the same shall be valid without approval.

Section o. The executive powers of said city generally,
and the administration of police and health departments,
with all the powers of selectmen, except as modified by

8R. S., 1871, c. 3, § 27, and laws 1855, c. 125; where mayor has casting vote,
If t\i'o or more of the candidates have each half the votes cast, he shall
declare which is elected.

Where appointments to office are made by mayor and a;idermen of cities,
they may be made by the mayor by and with advice and consent of alder
men, and such officers may be removed by mayor.

CITY CHARTER. 27

this act, shall be vested in the mayor and aldermen. All
the powers of establishing watch and ward, now vested
by the laws of the State in the justices of the peace and
municipal officers or inhabitants of towns, are vested in the
mayor and aldermen, so far as relates to said city ; and
they are authorized to unite the watch and police depart-
ments into one department and establish suitable regulations
for the government of the same. The officers of police
shall be one chief, to be styled the city marshal, so many
deputy marshals as the city council may by ordinance
prescribe, and so many watchmen and policemen as the
mayor and aldermen may from time to time appoint.'* poUce.
All other powers now or hereafter vested in the inhabitants
of said city, and all powers granted by this act, as well as
all powers relating to the fire department, shall be vested
in the mayor and aldeimen, and common council of said
city, to be exercised by concun-ent vote, each board to
have a negative upon the other. Each board shall keep a
record of its proceedings, and judge of the election
of its own members ; and in case of vacancies, new
elections shall be ordered by the mayor and aldermen.

Section 6. The compensation of all subordinate city Ck)mpen8ation.
officers whatsoever, shall be fixed by the city council. All
officers of the police and health departments shall be

appointed by the mayor and aldermen, and may be removed Appointments
^^ , ^ J and removals,

by them for good cause. All other subordinate officers,

now elected by the mayor and aldermen or the city council,
shall hereafter be elected by joint convention of the city
council, and such officers may be removed for good cause,
by concurrent vote passed in each branch by the assent of
two-thirds of all the members thereof. Except as other-
wise specially provided in this act, all subordinate officers
shall be elected annually on the second Monday of March, Election of
or as soon thereafter as may be, and their term of office officers

* Private laws 1878, c, 16, have this provision : " The city marshal, deputy
marshals and policemen, of the city of Portland, shall hereafter be appointed
by the mayor, by and with the advice and consent of the aldermen, and shall
hold office during good behavior, subject, however, after a hearing, to
removal at any time by the mayor, by and with the advice and consent of
the aldermen, for inefficiency or other cause. The mayor may, for cause,
suspend any policeman from duty, and such suspension shall continue in
force till the next meeting of the aldermen."

See &\ao,po8i, title "Police."

CITY CHARTER.

shall be for ODe year, and until others are qualified in their
i^W- place. All vacancies may be filled by the board having

authority to elect.

Section 7. No money shall be paid out of the city
treasury^ except on orders drawn and signed by the mayor,
designating the fund or appropriatien from which said
orders are to be paid, nor unless the same shall be first
Powers of city trranted or appropriated therefor, by the city council;
Council. ^ -, ^, '^ ^^ u ^^ / ^ . I

and the city council shall secure a prompt and just

accountability by requiring bonds with sufficient penalty
- and surety or sureties, from all persons intrusted with the
receipt, custody or disbursement^ of money ; they shall
have the care and superintendence of the city buildings
and the custody and management of all city property,
with power to let or sell what may be legally let or sold,
and to purchase and take in the name of the city, real and
personal property for municipal purposes to an amount
not exceeding two hundred thousand dollars in addition to
that now held by the city. And shall as often as once a
year cause to be published for the information of the
inhabitants, a particular account of receipts and expen-
ditures, and a schedule of city property.

Section 8. The assessors shall continue to be elected on
the second Monday in March. At the first election thereof
under this act, three persons shall be elected assessors,
one of whom shall be elected for one year, one for two
years, and one for three years, and at each subsequent
election one assessor shall be elected for three years, each
of whom shall continue in office until some other person
shall have been elected and qualified in his place. The
city council shall elect an assistant assessor in each ward,
whose duty it shall be to furnish the assessors with all the
necessary information relative to persons and property
taxable in his ward ; he shall be sworn or affirmed to the
faithful performance of his duty. All taxes shall be
assessed, apportioned and collected in the manner pre-
scribed by the laws of this State relative to town taxes,
except as herein modified ; and the city council may
establish further or additional provisions for the collection

Assessors.

Assistant
Assessors.

BP0S<, §19.

«Post, title "Buildings."

CITY CHARTER. 29

•
thereof, and of interest thereon. There shall be elected
at the first election of subordinate oflficers under this act
in March twelve persons for overseers of the poor and Overseers of
workhouse, four of whom shall be elected for one year, ^^*'^-
four for two years, and four for three years ; and all subse-
'quent annual elections shall be for the term of three years.
Section 9. The city council shall have exclusive author-
ity^ to lay out, widen or otherwise alter, or discontinue

Streets
any and all streets or public ways in the city of Portland,

without petition therefor, and as far as extreme low water
mark ; and to estimate all damj^e sustained by the owners
of land taken for that purpose ; but all locations below
high water mark shall be subject to the provisions of the ii,ij,
laws relating to the commissioners of Portland harbor. A
joint standing committee of the two boards shall be
appointed, whose duty it shall be to lay out, alter, widen
or discontinue any street or way in said city, first giving
notice of the time and place of their proceedings to all
parties interested, by an advertisement in two daily papers
printed in Portland, for one week at least previous to the
time appointed. The committee shall first hear all parties
interested, and then determine and adjudge whether the
public convenience requires such street or way to be laid
out, altered or discontinued ; and shall make a written
return of their proceedings, signed by a majority of them,
containing the bounds and descriptions of the street or
way, if laid out or altered, and the names of the owners
of the land taken, when known, and the damages allowed
therefor ; the return shall be filed in the city clerk's oflfice
at least seven days previous to its acceptance by the city
council. The street or way shall not be altered or estab-
lished until the report is accepted by the city council, and
the report shall not be altered or amended before its
acceptance. A street or way shall not be discontinued by
the city council, excepting upon the report of said com-
mittee. The committee shall estimate and report the j^^^^ g ^^
damages sustained by the owners of the lands adjoining laying out
that portion of the street or way which is so discontinued ;

' Power of Co. Com'rs over county roads not affected by this charter. E.
S., 1S71, C 18, 5 1, 1875, c 26.

streets.

30' CITY CHARTER.

their report shall be filed with the city clerk seven days at
least before its acceptance.^ Any person aggrieved by
the decision or judgment of the city council in establishing,
altering, or discontinuing streets, may, so far as relates
Appeals. to damages, appeal therefrom to the next court having

jurisdiction thereof in the county of Cumberland, which
court shall determine the same by a committee or reference
under a rule of court, if the parties agree, or by a verdict
of its jury, and shall render judgment, and issue execu-
tion for the damages recovered, with costs to the party
prevailing in the appeal. Such appeal shall be made to
the term of the Supreme Judicial Court, which s-hall first
be holden in the county of Cumberland, more than thirty
days from and after the day the street is finally estab-
lished, altered or discontinued, excluding the day of
commencement of the session of said court. The appel-
lants shall serve written notice of such appeal upon the
mayor or city clerk, fourteen days at least before the
session of the court, and shall at the first term file a
complaint setting forth substantially the facts of the case.
On the trial, exceptions may be taken to the rulings of the
court, as in other cases. ^ Co-tenants who are appellants,
shall join in their appeal or shall mot recover their costs.
If a street or way is discontinued before the damages are
paid or recovered for the land taken, the land owner shall
not be entitled to recover such damages, but the committee
in their report discontinuing the same shall estimate and
include all the damages sustained by the land owner,
including those caused by the original location of the streets,
and in such cases, if an appeal has been regularly taken,
the appellant shall recover his costs. The city shall not
be compelled to construct or open any street or way thus
hereafter established, until in the opinion of the city council
the public good requires it to be done ; nor shall the city
interfere with the possession of the land so txiken by remov-
ing therefrom materials, or otherwise until they decide to
open and construct said street. The city council may
Sidewalks, &c. regulate the height and width of sidewalks in any public

8 See " Streets," post; also 1872, c. 26 ; 1877, c. 172.

»R. S., 1871, c. 18, § 9. For matter of costs, see Abbott v. Penobscot Co. 52
Maine, 584.

CITY CHARTER. 31

square, places, streets, lanes or alleys in said city ; and
may authorize posts and trees to be placed along the edge
of said sidewalks. ^^ Nor shall the city be answerable for
damages occasioned by telegraph poles and wires erected
in its streets.

Section 10. The mayor may on such terms and condi-
tions as he may think proper, authorize and empower any obstructing
person or corporation to place in any street, for such time streets,
as may be necessary, any materials for making or repair-
ing any street, sidewalk, cross-walk, bridge, water-course
or drain, or for erecting, repairing, or finishing any build-
ing or fences, or for laying or repairing gas or water pipes, Gas-pipes.
provided that not more than one-half of the width of the
street shall be so occupied, ii And such material so placed
by virtue of any license obtained as aforesaid, shall not
be considered an incumbrance or nuisance in such street ; ii>*'^-
and the city shall not be . liable to any person for any
damages occasioned by such materials.

Section 11. The city shall remain divided into seven
wards ;^^ and it shall be the duty of the city council, once Wards,
in ten years or oftener, to revise, and if it be needful, to
alter such wards, in such manner as to preserve, as nearly
as may be, an equal number of voters in each. In each
of said wards, at the annual municipal election, there shall
be chosen by ballot, a warden and clerk, who shall hold
their oflSces for one year, from the Monday following their
election, and until others shall have been chosen and ^^^^'
qualified in their places. Said warden and clerk shall be
sworn or affirmed to the faithful performance of their
respective duties by any justice of the peace of the city ;
and a certificate of such oaths or aflSrmations having been
administered, shall be entered by the clerk on the records
of the ward. The warden shall preside at all ward meet-
ings, with the powers of moderators of town meetings.
If at any meeting the warden shall not be present, or shall

"See laws 1871, c. 178; oi*d. May 1, 1871, and chapter on Streets, post.

See also R. S.,
c. 82, § 71.

Jurors to
attend on the
first day of
the term, &c.

R.S.,1871,c.
106,§ 15.

Venires, duties
of sheriffs in
relation to dis-
tribution of.

Constable shall
notify inhab-
itants, &c.

Ibid. § 9.

from it the name of any person convicted of any scanda-
lous crime, or guilty of any gross immorality.

6. Within one year after every new census, and oftener
if a considerable change of population renders it proper,
the county commissioners shall divide their county into
not less than four, nor more than twelve districts numeri-
cally designated ; and they shall place as many adjoining
towns in each district, as will make the number of inhab-
itants in each, according to the last census, as nearly
equal as may be, without dividing a town ; and shall
deliver a copy of such division immediately to the clerk
of the courts in their county.

7. The grand and traverse jurors shall be drawn from
each jury district in such manner as to cause jurors, at
each term of the court, to come from every part of the
county as equally as may be, and, as far as practicable,
from every town in rotation, having regard to the number
of its inhabitants, taking not more than two grand jurors
and two traverse jurors from the same town at the same
time, unless from necessity, or some extraordinary cause,
or to equalize the service ; and the clerk of the courts
shall issue venires to the constables accordingly.

8. Venires for grand jurors, to serve at the supreme
judicial court, shall be issued as least forty days before
the second Monday of September annually ; and they
shall serve at every term of said court for the transaction
of criminal business during the year. Venires for traverse
jurors shall be seasonably issued before each term of the
court, and at such other times as the court orders.

9. The grand and traverse jurors shall attend on the
first day of the term for which they are drawn and sum-
moned ; unless the court at a previous term has designated
a different day ; and if so, the venire shall specify the day
on which the jurors shall attend.

10. The sheriff on receiving such venires for jurors
shall immediately send them to the constables of the
towns where 'directed, and each constable on receipt
thereof shall notify the inhabitants of the town, quali-
fied to vote for representatives, and especialy the municipal
oflacers and town clerk, by posting notices in two public

JURORS. 289

and conspicuous places in said town at least four days —notice, how
before such meeting, to assemble and be present at the s^^^^-
draft of the jurors called for ; which shall be six days at
least before the time when the jurors are ordered to attend
court.

11. The town clerk, or, in his absence, one of the „ ^ ,^

' ' Mode of draw-

municipal officers, shall carry the juror box into the meet- ing jurors, &c.

ing, which shall there be unlocked, and the tickets mixed ^- ^'' ^- ^^»

by a majority of said officers present ; and one of them

shall draw out as many tickets as there are jurors, and

the persons whose names are drawn shall be returned as

jurors unless they have served on the jury within three

years, or from sickness, absence beyond sea, without the

limits, or in distant parts of the State, they are considered

by the town unable to attend.

12. In either of said cases, or if a person is drawn who g^^^ gubect
has been appointed to an office exempting him from itid. §12.
serving, others shall be drawn in their stead ; but any

person thus excused, or returned and attending court,
and there excused, shall not be excused on another
draft, though within three years ; and when all the per-
sons whose names are in the box, have served within three
years, or are not liable to serve, the selectmen shall draw
out the required number of those who have not served for
eighteen months ; and the clerk shall certify on the
venire, that all persons whose names are in the box
have served within three years, or are not liable to
serve.

13. When a juror is drawn and not excused by the ^ ^

•* . . 1 „ Date of draft to

town, the municipal officers who drew his ticket shall be indorsed on

indorse thereon the date of the draft and return it into ^^ ^^^®''
., , Ibid. §13.

the box.

14. The constable shall notify the persons thus drawn

^ , Constables to

four days at least before the sitting of the court, by notify jurors,

reading the venire and indorsement thereon to them, or and return

leaving at their usual place of abode a written notice g Qreeni., 333.

that they have been drawn, and of the time and place of ibid. § 14.

the sitting of the court where they are to attend ; and

make a seasonable return of the venire with his doings

thereon.

290

JURORS.

Penalty for

neglect of

officers.
Ibid. § 16.

Penalty for
neglect of
constable or
town.

Ibid. § 17.

Penalty for
neglect of
juror to attend.
Ibid. § 19.

Penalty for
fraud by town
officers.

Ibid. § 20.

15. If the municipal officers or town clerk neglect to
perform their duties herein required, so that the jurors
called for from their town are not returned, they shall be
fined not less than ten, nor more than fifty dollars each.

16. Any constable, neglecting to perform his duties
herein required, shall be fined not exceeding twenty dol-
lars ; and any town for a like neglect of its duties shall
be fined not exceeding one hundred dollars.

17. Any juror who, after being notified and returned,
unnecessarily fails in his attendance, shall be fined as for
contempt, not exceeding twenty dollars, unless he resides
in Portland, and then not exceeding forty dollars.

18. Any town clerk or municipal officer, who commits
a fraud on the box previous to the draft, in drawing a
juror or in returning a name into the box, which had been
fairly drawn and drawing another in its stead, or in any
other mode, shall be fined not exceeding two hundred
dollars, half to the use of the State and half to the pros-
ecutor.

Lamps and Lamp Posts,

Statute.
Injuries to lamps and lamp posts.
Ordinances.

1. Committee on lamps and lamp posts to be appointed. To

cause lamps to be set up at corners of streets.

2. Mayor and aldermen to make contracts, roles and regula-

tions.

3. Lighting and extinguishing lamps forbidden.

4. Trees and lamp posts legally established.
6. ♦' " *' ". •♦ located, how.

6. " *♦ •* *** " " when.

7. '' " " «« Record.

Statute.

"Whoereri willfully and maliciously removes, defaces, injuries to
or injures any lamp, or lamp post, or extinguishes any montunents,
lamp on any bridge, street, way, or passage, shall be ^pg ^j.,
punished by imprisoument less than one year, and by fine R.s.,i8n,c.
not exceeding one hundred dollars. 127, §i4.

Ordinances.

1. There shall be appointed in the month of March, see Trees,
annually, a joint committee of the city' council, to be ^i^^*^Y°
called the committee on lamps and lamp posts, to con- i^™? P^^^ts to
sist of one member of the board of mayor and Rev. om., W
aldermen, and three members of the common council, to cause lamps
and said committee shall cause to be set up and
affixed lamps at the comers of such streets in the city
as they may determine to be convenient and necessary.

2. The mayor and aldermen of the city, are here- aldermen to
by authorized and empowered to make all necessary °**^® ^^■

, 11. . tracts, rules

contracts, rules, orders, and regulations respecting andreguia-

» See act isn, c. 178; 1872, c 2.

292 LAMPS AND LAMP POSTS.

Ibid.

the said lamps, and the lighting and keeping the

same in repair, and the regulation and preservation

of the same, as they may deem most for the benefit

of said city.

No person, 3, j^q person, without authority of the municipal

authority shau officers, or from the Gas Light Company, shall light

eltin^ish ^^ extinguish any street lamp, under a penalty not

lamp. less than five dollars, nor more than ten dollars for

orrS^Mi. eachofi"ense.

1870. 4. All trees, lamp posts, posts and hydrants, now

Aifi^Tposts! pla-ced and being within the limits of the streets of
&c. the city, are hereby declared to be and shall be taken

4^vpTi for

legally estab- ^^ ^^ legally established and located.

lished. 5. Lamp posts, and posts for protecting them, may

^ oTtsTc may ^® locatcd withiu the limits of any street of the city,

be legally by the joiiit Committee of the city council on lamps
ibir ^^^ lamp posts under existing ordinances, or by direc-

tion of the city council.

6. Any tree, lamp post, post or hydrant, or any
post for the protection of the same, shall be taken to

When any tree, ]^e leo^allv established within the limits of any street

&c. shall be ^ , . , . 1 , -. -, 1 • ,

taken as le- 01 the City, whcu it has bccu located therein by order
gaily located. ^^ ^^^^ approval of the mayor, or joint standing

committee on streets, sidewalks, and bridges, or

street commissioner.

7. When an order is given, under the provisions of
Record. ^^^^^ Ordinance, it shall be recorded by the city clerk
lud. in a book provided for that purpose and kept in his

office.

Leather.

statutes.

1. Manufacturer may stamp his name on leather, &c.

2. Inspectors of sole leather ; their appointment ; fees.

3. Mode of inspecting and stamping.

4. Taxes.

Ordinance.

Hides not to be exposed in street.
Statutes.

1. Every manufacturer of leather, and of boots and

shoes, of any description, shall have the exclusive right oMeather'^^
of stamping them with the initials of his christian, and boots and
the whole of his surname ; and such stamping shall be ^^^^^ ™^J
considered a warranty that the article is merchantable, name thereon,
and well made of good materials ; and if any person *^'

° ' *^ ^ R. S., 1871, C. 39.

fraudulently stamps any such articles with the name or § 25.
stamp of any other person, he shall be punished by a
fine not exceeding twenty dollars, or imprisonment not
exceedmg six months.

2. The municipal officers of each town, when they Appointment,

deem it expedient, may appoint one or more suitable oath, duties
./ 1 i and fees of

inspectors of sole leather, who shall be duly sworn, and inspectors of
receive such fees from their employer, as said officers sole leather,
establish ; and when paid by the seller, to be repaid to ^^^^^- § ^■
him by the buyer ; and when requested, shall go to any
place in their town to inspect any sides of sole leather,
which had not been inspected according to law in this
State.

3. Each inspector shall provide himself with a proper Mode of in-
apparatus, with which he shall weigh and stamp every specting and

., ^ , , , . , , , . . . , . , stamping sole

Side or sole leather inspected by him, with the weight leather, &c.
thereof, his surname, and the name of his town ; and on ibid. §27.
all sole leather made of good hides, and in the best man-
ner, the word, "best," shall be stamped ; on all made of

294 LEATHEE. ,

For provisions such Mdes in a merchantable manner, the word, "good ;"
relating to and on all other, the words, "second," or "third quality,"
hides and "damaged" or "bad," according to the fact ; and if any
leather, person counterfeits, alters or defaces such mark, he shall

c 38, §34. ' forfeit twenty dollars for each offense, half to the town
and half to the person suing therefor.

Assessors to he 4. All persons engaged in the business of tanning
furnished leather in this State, shall, on or before the first day of

with account » m • i. n • ^ j. l.^ ^ U.1 -i

of hides and -^P^^^ ^^ ^^^^ jear, furnish to the assessors of the city,
leather on town or plantation where such persons are carrying on
tax^'ion^ Said business, a full account, on oath, of all hides and
1872, c. 23. leather on hand received by them from without the State,
'S)^^^*^ ^^^^' ^ ^^^ ^^^^ ^^^ hides and leather on hand from beasts slaugh-
tered in this State, which last named hides and leather
shall be taxed in the town where tanned.

Ordinance.

Nqi person shall hang or spread, or expose in any

Hides or street, lane, alley, court or public place, any raw,

bTexp'ijsedki dried, tanned, or dressed skins, hides or leather,

streets. under a penalty of not less than three nor more than

Kev.Ord.1868. ^^^ j^^^j.^ f^^, ^^^^l offeUSe.

1 See "Health."

Libraries.

Statutes.

1. Towns may establish libraries, and raise money therefor.

2. Towns may receive donations therefor.

3. Penalty for defacing books and pictures.

1 . Any town is authorized to establish and maintain a

Towns may
public library therein, for the use of the inhabitants, and estabUsh pub-
provide suitable rooms therefor, under such regulations ^^c Ubraries.
for its government as the inhabitants from time to time 55,69.
prescribe ; and appropriate, for the foundation and
commencement of such library, a sum not exceeding May raise
one dollar, and for its maintenance and increase an- °^°°®y ^^'

' for.

nually, a sum not exceeding twenty-five cents, for each Yb^^
of its ratable polls in the year next preceding.

2. Any town may receive, in its corporate capacity, and May receive
hold and manage, any- devise, bequest, or donation, for ^onattons^or
the establishment, increase, or maintenance of a public that purpose,
library therein. iwd. § 10.

3. Whosoever wantonly mars, defaces Of injures any
book, picture, statue or painting belonging to any public defacing
library, or library of any association opened to the pub- books and
lie, in this state, shall be punished by a fine not exceeding
ten dollars, to be recovered before any court competent to
try the same.

pictures.
1877, c. 161.

Lumber.

Statutes. \

1. Towns to elect surveyors of boards, plank, timber, joist,

shingles, clapboards, staves, hoops, and cullers of staves
and hoops. Municipal oflicers may appoint surveyors of
logs. All to be sworn.

2. All boards, plank, timber and joist to be surveyed before

delivery on sale. Mode of measuring and marking same,
and allowances. What kind of pine boards are mer-
chantable, and what may be shipped out of the United
States.

SHINGLES AND CLAPBOARDS.

3. Dimensions and quality of shingles Nos. ] , 2, and 3.

4. How shingles shall be split or sawed and packed. Forfeit-

ure of shingles if deficiency of five in any bundle of
No. 1, or if ofiered for sale before they are surveyed and
branded.

5. Dimensions and quality of clapboards.

STAVES AND HOOPS.

6. Dimensions and quality of staves, and how enumerated.

7. Dimensions and quality of hogshead hoops ; how packed

and enumerated ; and forfeiture of deficient bundles.

8. Not to be ofi'ered for sale, before surveyed and branded and

certificate given, under a penalty. Forfeiture for mas-
ter of vessel unlawfully exporting same, for first and
second ofience, and appropriation thereof.

9. Master or owner to produce surveyor's certificate before

clearance, and aflid^vit thereto.

10. Penalty of surveyor or culler to neglect or refuse oath of

office, and for neglecting or practicing fraud in his
official duties.

11. Penalty and forfeitures, how recovered.

LOGS.

12. Duty of surveyors of logs.
Towns to elect

surveyors of 1- Every to WD, at its annual meeting, shall elect one

lumber. or more surveyors of boards, plank, timber, and joist ;

41 §14 ' ^ ^^^ ^^ more surveyors of shingles, clapboards, staves and

LUMBER. 297

hoops ; and every town containing a port of delivery,
whence staves and hoops are usually exported, shall
also elect two or more viewers and cullers of staves and
hoops ; and the municipal oflScers or any town may, if
they deem it necessary, appoint not exceeding seven
surveyors of logs, and all of said oflBcers shall be duly
sworn.

2. All boards, plank, timber, and joist, offered for Lumber to be
sale, shall, before delivery, be surveyed by a sworn surveyed be-
surveyor thereof, and if he have doubts of the dimen- ^^^^ <^e"^ery.
sions, he shall measure the same, and mark the contents
thereon, making reasonable allowance for rots, knots, and

splits, drying and shrinking ; pine boards three-fourths
of an inch thick when fully seasoned, and in that
proportion when partly seasoned, shall be considered
merchantable ; and no pine boards, except sheathing
boards, shall be shipped for exportation beyond the
United States, but such as are square edged, not less
than seven-eighths of an inch thick, nor less than ten feet
long, under penalty of being forfeited to the town whence
shipped.

SHINGLES AND CLAPBOARDS.

3. All shingles, packed for exportation beyond the

State, shall be sixteen inches long, free from shakes andquauty
and worm holes, and at least three-eighths of an inch o/ shingles
thick at the butt end when green, and if of pine, free j^j^j c'lg
from sap. They shall be four inches wide on an average,
not less than three inches wide in any part, hold their
width three fourths of the way to the thin end, well
shaved or sawed, and be denominated number one ; but
shingles intended for sale within this State, if of inferior
quality or of less dimensions, may be surveyed and
classed accordingly," under the denominations of number
two, and number three.

4. All shinsfles shall be split or sawed crosswise the „ , , ,

^ ^ How shingles

grain; each bundle shall contain two hundred and fifty shau be split,

or sawed and
packed, Ac.

shingles, and if in square bundles, twenty-five courses,
and be twenty -two inches and a half at the lay ; and when
packed to be surveyed as nimiber one, or for exportation.

Ibid. § 17.

;298 LUMBER.

' if in any bundle there are five shingles deficient in the

proper dimensions, soundness or number, to make two

hundred and fifty merchantable shingles ; or if any

shingles are offered for sale, before they are surveyed

and measured by a sworn surveyor of some town in the

county where made, and the quality branded on the hoop

or band of the bundle, unless the parties otherwise agree,

they shall be forfeited to the town where the offense is

committed.

Dimensions ^' ^^^ clapboards, exposed to sale or packed for expor-

and quality of tation, shall be made of good sound timber, free from

clapboards, gi^akes ^i^j ^orm holes, and if of pine, clear of sap ; and

they shall be at least five-eighths of an inch thick on the

back or thickest part, five inches wide and four feet six

inches long, and straight and well shaved or sawed.

STAVES AND HOOPS.

6. Staves packed for sale or exportation shall be well
Dimensions

and quality of and proportionably split, and of the following dimen-
staves.and sions, viz. :
how GnuiHcr*

ated. White oak butt staves, at least five feet in length, five

Ibid. §19. inches wide, and one inch and a quarter thick on the

heart or thinnest edge, and every part thereof ;

White oak pipe staves shall be at least four feet and
eight inches in length, four inches broad in the narrowest
part, and not less than three-quarters of an inch thick on
, the heart or thinnest edge ;

White or red oak hogshead staves shall be at least forty-
two inches long, and not less than half an inch thick on
the least or thinnest edge ;

White or red oak barrel staves for a market out of the
United States, shall be thirty-two inches long ; if for use
within the United States, thirty inches long ; and in
either case half an inch thick on the heart or thinnest
edge ;

All white or red oak hogshead or barrel staves shall be

at least, one with another, four inches in breadth, and no

one less than three inches in breadth in the narrowest

part ; and those of the breadth last mentioned shall be

..clear of sap ; and two staves shall be sold as one cast ;

LUMBER. 299

fifty casts, one hundred staves ; and ten hundred, one
thousand.

7. All hogshead hoops, exposed for sale, or packed for Dimensions
exportation, shall be from ten to thirteen feet in length, and quality of
and of oak, ash or walnut, and of good and suflScient hoops; how
substance, well shaved ; if of oak or ash, at least one inch packed, &c.
broad, and, if of walnut, three-quarters of an inch at the ^^^- ^ ^'
least end ; the different lengths shall be made up in

bundles by themselves ; each bundle shall contain
twenty-five hoops, four bundles make one hundred,
and ten hundred, one thousand ; and every bundle,
packed for sale or exportation, found to be deficient in
number or dimensions, shall be forfeited to the use of
the town where exhibited.

8. No person shall deliver on sale, or ship or attempt The articles
to ship for exportation, any boards, plank, timber, joists, named, not to
shingles, clapboards, staves, or hoops, before they have be offered for

goiA Ac

been surveyed, measured, viewed or culled, as the case n)id.*§2i!
may be, and branded by the proper oflBcer, and a certifi-
cate thereof given by him specifying the number, quality
and quantity thereof, under a penalty of two dollars a
thousand, by quantity or tale, as such article is usually
sold, one-half to the town where the offense is committed,
and the other to the prosecutor ; and in addition thereto,
the master or owntr of any vessel, exporting any of the
articles aforesaid beyond the limits of the United States
contrary to law, shall for the first offense forfeit two hun-
dred dollars for the use of the town whence said articles
are exported ; and if after conviction he commits a second
offense in the same vessel, he shall forfeit the same sum,
and the vessel, if found in this State, shall also be for-
feited to the same use.

9. The master or owner of any vessel, having any Magteror

of the lumber or other articles mentioned in the preceding owner to pro-
section on board, for exportation as aforesaid, shall before or?^^&^te
the vessel is cleared at the custom house, produce to the before clear-
collector a certificate from the proper oflScer, that ance, &c.
the same have been duly surveyed, measured, viewed, 1^1^.522.
or culled, as the case may require ; and such master or
owner shall likewise make oath before the collector, or any

300

LUMBER.

Penalty for
surveyor or
culler to neg-
lect or refuse
oath of office,
&c.

Ibid. § 23.

Penalties, how
recovered.
Ibid. §24.

Duty of sur-
veyors of logs.
Ibid. § 25.

justice of the peace, whose certificate shall be returned to
the collector, that the articles so shipped for exportation
are the same articles thus surveyed, measured, viewed or
culled, that he has no others on board of the like descrip-
tion, and that he will not take any others.

10. If any person, duly elected a surveyor, measurer,
viewer or culler of any of said articles under the provis-
ions of this chapter, neglects or refuses to take the oath
of his office and to serve therein, he shall forfeit three
dollars to the use of the town, and another person shall be
elected to his place, who shall take the oath and serve as
aforesaid under the like penalty ; and the like proceedings
shall be had, until the office is filled ; or if any such officer
duly qualified unnecessarily refuses or neglects to attend
to the duties of his office when requested, he shall forfeit
three dollars ; and if he connives at or willingly allows
any breach of the provisions hereof, or practices any
other fraud or deceit in his official duties, he shall forfeit
thirty dollars to the use aforesaid.

11. All the pecuniary penalties aforesaid may be
recovered by action of debt, indictment, or complaint,
and all other forfeitures, by a libel filed according to law
by the treasurer of the town interested therein, or by any
inhabitant thereof.

12. Surveyorsof logs may inspect, 1 stirvey and measure
all mill logs floated or brought to market, or offered for
sale in their respective towns and divide them into several
classes, corresponding to the different quality of boards
and other sawed lumber, which may be manufactured from
them ; and they shall give certificates under their hands,
of the quantity and quality thereof to the person at whose
request they are surveyed.

1 His decision, in absence of fraud, conclusive. Berry v. Reed, 53 Maine,
487.
For liens on lumber and their enf orcement.see R. S., 1871, c. 91, §§ 34 and 35.

Lunatics.

Statutes.

1. Municipal officers may decide on cases and commit to

hospital with certificate, and keep record.

2. May certify inability of relations to support.

3. Towns to pay for pauper insane persons.

4. Towns liable when persons are unlawfully committed.

5. Towns have remedy against persons liable for support of

insane pauper.

6. Those liable for support may apply for discharge of patient.

7. Overseers of poor to remove, when notified.

8. How person discharged to be removed.

9. Towns of less than 200 inhabitants not liable for removal.
10. Insane persons having no legal settlements, expenses how

to be paid.

1. All insane persons, not sent to any insane hospital,
shall be subject to examination, as hereinafter provided. Municipal offi-
The municipal oflScers of towns shall constitute a board ^^^^esand^
of examiners, and, on complaint in writing of any rela- commit to
tive or justice of the peace of their town, they shall ^rtm^te^*^
immediately inquire into the condition of any insane per- keep a record
son therein ; call before them all testimony necessary for °' doings.
a full understanding of the case ; and if they think such 143, §12.'
person is insane, and that his comfort and safety, or that
of others interested, will thereby be promoted, they shall
forthwith send him to the hospital, with a certificate, stat-
ing the fact of his insanity, and the town in which he
resided or was found at the time of examination, and direct-
ing the superintendent to receive and detain him till he is two physi-

restored or discharged by law, or by the superintendent c^a^s required

» ^ , , 1, , 1 i, ., . to establish

and trustees. And they shall keep a record of their insanity.

doings, and furnish a copy to any interested person 1874, c.256.

requesting and paying for it. In preliminary proceed- not treated as

ings the testimony of two respectable physicians is insane person.

required to establish insanity. Clause eight, section four jg!Lg ^' jj^"

302

LUNATICS.

May certify
inability to
pay for his
support, and
treasurer may
charge State
one dollar per
week.

R. S. 1871, c.
143, § 13.

1873, c. 151.

of chapter one of Revised Statutes, relatimg to non-com-
pos persons does not apply to this section.

2. The oflScers ordering the commitment of a person
unable to pay for his support, may certify in writing to
the trustees that fact, and that he has not relations liable
and of sufficient ability to pay for it ; and if the trustees
are satisfied that such certificate is true, the treasurer of
the hospital may charge to the State one dollar per week
for his board, and deduct it from the charge made to the
patient or town for his support.

Towns, where
insane person
resided or
was found,
pay for sup-
port, unless a
bond given
for it.

R. S., 1871, c.
143, §18.

Do so when
unlawfully
committed,
and expense

of removal.

Ibid.[§ 19.

Towns have
remedy
against the
person, or
those liable
for his sup-
port as a
pauper.

Ibid. § 20.

1872, c. 54.

EXPENSES OF SUPPORTING THE INSANE AT THE HOSPITAL.

3. The certificate of commitment to the hospital, after
a legal examination, shall be sufficient evidence, in the
first instance, to charge the town, where the insane re-
sided, or was found at the time of his arrest, for the
expenses of his examination, commitment, and support
in the hospital, but when his friends or others file a bond
with the treasurer of the hospital, such town shall not be
liable for his support, unless new action is had by reason
of the inability of the patient or his friends longer to sup-
port him ; and such action may be had in the same manner,
and before the same tribunal, as if he had never been
admitted to the hospital.

4. The person or town, liable for the support of a
person when lawfully committed to the hospital, shall be
liable therefor, and for the expenses of his removal, when
unlawfully committed and removed ; but the expenses of
such removal are not to exceed ten cents per mile from
the hospital to the place of commitment.

5. Any town, thus made chargeable in the first in-
stance, and paying for the commitment and support of
the insane in the hospital, may recover the amount paid
of the insane, if able, or of persons legally liable, for
his support, or of the town where his legal settlement is,
as if incurred for the ordinary expenses of any pauper ;
but if he has no legal settlement in the State, such

^ Hospital must be paid before right of action accrues. Bangor v. Fair-
field, 46 Maine, 558. Original record of town admissible. Jay v. Carthage,
48 Maine, 353. See Waltham v. Brookline, 119 Mass., 479.

LUNATICS. . 303

expenses shall be refunded by the State ; and the
governor and council shall audit all such claims, and
draw their warrent on the treasurer therefor.^ No insane
person shall suffer any of the disabilities incident to
pauperism, nor be hereafter deemed a pauper, by reason
of such support. The time insane person is supported
shall not operate on question of settlement.

DISCHARGE OF THE INSANE.

6. When any friend, person, or town, liable for the

support of any patient, who has been in the hospital six '^ig^g^ppo^'^^
months, not committed by order of the supreme judicial may apply for
court, nor inflicted with homicidal insanity, thinks he is discharge.

' , . . 1 B.S., 1871,c. 143,

unreasonably detained, he may apply to the municipal §21.
officers of the town where the insane resides, and they
shall inquire into the case, and summon before them any j^^jjcipai offl-
proper testimony, and their decision and order shall be cers to decide,
binding on the parties. They shall tax legal costs and
decide who shall pay them. If such application is un-
successful, it shall not be made again till the expiration
of another six months. ,

7. When the overseers of any town, liable for the overseers of
support of a patient at the hospital, are notified by mail poortoremove
by the superintendent, that he has recovered from his ^^^^^'o!
insanity, they shall cause him to be removed to their j^^^ § 22.
town ; and if they neglect it for fifteen days, the
superintendent shall cause it to be done at the expense

of such town.

8. When any patient is discharged from the hospital, ^^^ persons
by the trustees, they shall cause the selectmen of the discharged
town, or the mayor of the city from which such patient ^^^J^ ^'
was received, to be immediately notified by mail, and on Town liable
receipt of such notice said town or city shall cause such ^^^^^
patient to be forthwith removed thereto ; and if they removal,
neglect such removal for thirty days thereafter, such ibid. §23.
patient may be removed to said town or city by the trus-
tees, or their order ; and the superintendent may main-
tain an action in his name, against such city or town, for

the recovery of all expenses necessarily incurred in the
removal of such patient.

« Bowdoinham v. Phlppsburg, 63 Maine, 497.

304

LUNATICS.

Towns of less
than two
hundred in-
habitants not
liable for re-
moval.

Ibid. § 24.

Judge of pro-
bate may ap-
point guar- .
dians for
persons sent
to hospital ;
their duties
and compen-
sation.

Ibid. § 25.

9. The preceding sections shall not apply to towns
having less than two hundred inhabitants ; but all insane
persons found, and having their residence in such towns,
who have no settlement within any town of this State,
and who have no means of their own for support, or are
without relatives able and liable to support them, shall be
supported in the hospital at the expense of the State.

GUARDIANS FOR SUCH AS ARE SENT TO THE HOSPITAL.

10. When any man or unmarried woman, of twenty-
one years of age, is sent to the hospital for insanity, the
municipal officers of the town where such insane resides,
may apply to the judge of probate for the same county
for the appointment of a guardian , when they think it for
the interest of the insane and to prevent waste of his
property, and the judge, on their certificate to that effect,
without notice to the insane, shall forthwith appoint some
suitable guardian of the same county, who shall give
bond as in other cases, and have reasonable compensa-
tion for his services, to be allowed by the judge and paid
out of the estate ; but ^hall not be required to return any
inventory, or exercise any other powers or duties of
guardian for one year after his appointment, except to
provide for the support of the insane and his family, and
prevent waste of his property.

Manufacturing' EstaTDlisli-
ments.

Statutes.

1. Exempt from taxation, not exceeding ten years, provided,

&c.

2. Children under fifteen not to be employed.

3. Penalty.

4. No person under sixteen to be employed more than 10 hours

a day.

1. All manufacturing establishments, and all estab-
lishments for refining, purifying or in any way enhancing Manufacturing
the value of any article or articles already manufactured, estabUsh-
hereaftfer, erected by individuals, or by incorporated com- ^^^^* ^^'
panics, and all the machinery and capital used for i864, c. 234, § i,
operating the same, together with all such machinery aiidR.s.,i87i,
hereafter put into buildings already erected, When the

amount of capital invested exceeds the sum of two thous-
and dollars, are exempted from taxation for a term not , ^

' '^ —exempt from

exceeding ten years from the time the city or town in taxation, not

which such manufacturing establishments or refineries exceeding ten

° , years,

may be located, shall in a legal manner assent to such

exemption, which assent shall have the force of a _capitai.
contract and be binding for the time specified, but all
property so exempted shall be entered from year to year
upon the assessment books and returned with the valua-
tion of the several towns and cities, when required by
the state for the purposes of makihg the state valuation.

2. No child can be employed or suffered to work in a

cotton or woolen manufactory, without having attended a children under
public school, or a private one taught by a person quali- is years of age
fied to be a public teacher, if under twelve years of age, employed
four months, if over twelve and under fifteen years of without proof
age, three months of the the twelve, next preceding such r.s!!^iSi,c.^48'
employment, in each year. A certificate under oath of § is.

1 See chapter on •• Taxes."

306 MANUFACTURING ESTABLISHMENTS.

Teacher's cer- such teacher, filed with the clerk or agent before employ-
tiflcate. ment, is to constitute the proof of such schooling.

Penalty on vio- 3. Any Owner, agent or superintendent of such manu-
lation. factory, for each violation of the provisions of the

Ibid. §16, and preceding section, forfeits one hundred dollars, to be

1880 c. 221. ■!■ o ' . '

recovered by indictment, one half to the prosecutor and

the other to the town where the offense was committed,

to be . added to the its school money. Superintending

school committees shall inquire into such violations and

report them to a county attorney, who, on reception

thereof, shall prosecute therefor.

No person un- 4. No person under the age of sixteen years is to be

der 16 years of employed by any corporation more than ten hours of a

ployed more ^^J' ^^J Person violating this provision forfeits one

than 10 hours hundred dollars, one-half to the town where the offense

R.s!i87i C.48. ^^ committed, and the other to the use of the person

§ 17. employed ; to be recovered by indictment.

Comniercial Manures.

manufacturer

, and amount of

certain con-

Statutes.

1. To be labelled.

2. Constituent parts must to be as labelled.

3. Terms "soluable," &c., defined.

4. Not to apply to manures from fish.

1. Commercial manures sold or kept for sale in this

State, shall have affixed to every barrel, bag or parcel ^vith name of
thereof, which may contain fifty pounds or upwards, a
printed label, which shall specify the name 'of the manu-
facturer, or seller, his place of business, and the percent- stituents.
age which it contains of the following constituents, to j^' ' ' '
wit : Of soluble phosphoric acid ; of insoluble phosphoric
acid, and of ammonia ; and whoever violates this pro-
vision, or affixes labels specifying a larger percentage of
either of such constituents than is contained therein,
shall be punished by a fine of ten dollars for the first, and
twenty dollars for the second, and each subsequent
offense ; to be recovered on complaint before any tribu-
nal of competent jurisdiction.

2. Any purchaser of commercial manures bearing such

, , ... T , . Purchaser may

label, and contammg less percentage than stated therem, recover from

may recover from the seller, in an "action for debt, twenty- ^®"^^ ^' ^^'
„ /. -ii.iiiii« •! stituents are

five cents for every pound of soluble phosphoric acid ; not as stated

six cents for every pound of insoluble phosphoric in label.

acid, and thirty-five cents for every pound of ammonia

deficient therein.

3. By the term soluble phosphoric acid, whenever used. Term soluble

, . , . \. , . \. • Ti 1 defined.

IS meant such acid in any form or combination readily sol- ^^^^ g g^
uble in pure water ; and by the term insoluble phosphoric
acid, is meant such acid in any combination which requires
the action of acid upon it to cause it to btcome readily
soluble in pure water.

308 COMMERCIAL MANURES.

These sections ^' The three preceding sections, shall not apply to
do not apply porgy chum, nor any manure prepared exclusively from
p°replredfrom ^^^y ^^^ ^^^^ ^^ such, nor to any commercial manure
fish. which is sold at a price not exceeding one cent per pound.

Ibid. 51.

Milk.

Statutes.

1. Inspectors of milk.

2. Duties.

3. Vessels to be sealed and marked.

4. Penalty for selling bad milk.

Ordinances.

1. Inspectors.

2. Duties of people in milk business.

3. Duties of inspectors.

4. Compensation.

Statutes.

1. The municipal oflScers of towns containing not less jngpectors of
than three thousand inhabitants shall, upon the application milk shaU be
of ten legal voters therein, annually appoint one or more appointed in

*=* ' J II towns of not

persons to be inspectors of milk, who shall, before enter- legg than sooo
ing upon the discharge of their duties, be sworn, and inhabitants,
shall give notice of their appointment by publishing the ^l^'
same two weeks in a newspaper published in their towns,
or if no newspaper is published therein, by posting up
such notice in two or more public places in said town.

2. Inspectors shall keep an oflBce and books for the Duties,
purpose of recording the names and places of business i^^^- § ^•
of all persons engaged in the sale of milk within their
limits. They may enter any place where milk is kept or
stored for sale, and examine all carriages used in the
conveyance of the same, and when they have reason to
believe any milk found therein is adulterated they shall

take specimens thereof, and cause the same to be analyzed,
or otherwise satisfactorily tested, the result of which they
shall preserve as evidence, and shall prosecute for all
violations of the two following sections.

310 MILK.

Vessels to be ^' ^^^ measures, cans, or other vessels used in the sale-
annually of milk shall annually be sealed by the sealer of weights

sealed. ^j^^ measures by milk measure, and shall be marked by

Ibid. § 46. *^ . .

1871, c. 217. the sealer with figures indicating the quantity which they

hold, and whoever fraudulently sells by any other meas-
ure, can or vessel, shall forfeit* twenty dollars for each
offence.

4. Whoever, acting for himself or as the employee of
Penalty for another, knowingly or wilfully sells or offers for sale, milk
fering injuri- from COWS diseased, sick, or fed upon the refuse of brew-
ous milk. eries or distilleries, or upon any substance deleterious to
§ 47. ' ' ^ts quality, or milk to which water is added, or any foreign
substance,' shall forfeit twenty dollars for the first, and
fifty dollar^ for every subsequent offense ; to be recovered
' by complaint or indictment before any court having juris-

diction of the same, to the use of the town where the
offense is committed.

Ordinances.

Milk inspector- 1. There shall be appointed by the board of mayor

Ord. Jan. 12, ^iid aldermen, for the remainder of the present

1878. municipal year, and thereafter annually, an inspector

of milk, who shall be sworn, give notice of his

appointment, keep an office and books, and have all

the powers and perform all the duties set forth and

prescribed in the statutes of the State relating to the

sale of milk and the inspection thereof.

2. It shall be the duty of each person or firm, now
or hereafter eno^ao^ed in the business of sellino^ milk

^ , ^ within the limits of the city, to file annually with the

Duty of per- . .

sons in milk inspector a statement of his name, residence and place
asiness. ^^ busiucss, or, if lie sells milk from a cart, of such

^^^- fact, to the end that said statement may be registered

in a book kept for the purpose ; and in default of so
doing said person or firm shall forfeit the sum of
twenty dollars to the use of the city, to be recovered
in any court of competent jurisdiction.

3. It shall be the duty of the inspector to receive
and register said statement, and grant a certificate

^ MILK. 311

of such registration upon the request of the person
or firm filling the same. The inspector, when there-
unto requested in writing by any citizen of Portland,
shall make inspection within the limits of the city of Du^eg ^f i^.
any milk sold or offiered or intended for sale within specters.
the same, and also upon his own motion, without iwd.
previous notice, as often as once a year, and oftener
at his discretion, shall visit all places of business and
carts in and from which milk is sold within the cit}^,
and make thorough inspection of the kind and quality
of milk found in said places of business and carts
offered or intended for sale. It shall also be the duty
of said inspector to prosecute all violations of the
statutes of the State and ordinances of the city relat-
ing to the sale of milk. And at the close of each
municipal year said inspector shall make a detailed
report to the board of mayor and aldermen.

4. The compensation of said inspector shall be as
follows : Twenty-five cents for making the before compensation,
required registration and granting a certificate there- ^,1^,
for, to be paid by the person requesting the same.
Fifty cents for making inspection of milk, to be paid
by the person requesting the same to be made ; and
said inspector shall be entitled to one-half of all
fort'eitures accruing to the city in all prosecutions in-
stituted by him for violation of the statutes of the
State or ordinances of the city relating to the sale of
milk.

Municipal' Court.

CONSTITUTIONAL PROVISION.

1. Appointment of Municipal Judges by tlie Executive Power.

Statutes.

1. Court establislied, one judge.

2. Judge's jurisdiction as justice of the peace, concurrent or

exclusive.

3. Not to act as counsellor or attorney, when, &c.

4. His jurisdiction in cases of larceny and offenses against

city by-laws.

5. Houses of ill-fame.

6. Eight to appeal.

7. Fines, how disposed of.

8. Jurisdiction though the penalty accrues to the city.

9. Court to be held on Monday.

10. Recorder, how appointed and qualified, his duties and fees ;

writs to be under seal of court.

11. Recorder's powers in absence of judge.

12. Justice of peace substituted in absence of judge and

recorder.

13. Provisions when office of judge is vacant.

14. Restrictions on justices of the peace in Portland.

15. Exceptions under the laws of the United States.

16. When recorder may issue wan*ants.

17. Salary of recorder.

18. Costs, how to be taxed.

19. Recorder during absence of judge, power in civil actions.

20. In case of vacancy of judge.

21. In case of vacancy of recorder, temporary appointment.

22. Judge, appointment of, tenure.

23. Salary, how fixed.

1 For genei*al provisions relating to jurisdiction of municipal courts of
oflFences against liquor law; See R. S., 1871, c. 27, §§ 21, 44; in civil actions,
Ibid. c. 83, § 3 : in case of cruelty to animals. Ibid. c. 124, § § 28, 35, Laws
of 1875, c. 3(5. And for general duties for preservation of the peace, R. 8.'
1871, c. 130, § 1.

The municipal court of Portland has jurisdiction over all such matters as
justices of the peace, at time of its establishment, might exercise iri'espect-
ive of residence of parties, within the county. The act 1866. c. 27, does not
affect or restrict the jurisdiction, Allen v. Somers, 68 Maine, 247. It has
jurisdiction over offence of truancy. O'Malia v. "Wentworth, 65 Maine, 129.

By ordinance all i>enalties and fines under ordinances are to be recovered
in municipal court.

MUNICIPAL COURT. • 313

CONSTITUTIONAL PROVISION.

1 . Judges of municipal and police courts shall be Judges of mu-
appointed by the executive power, in the same manner as ^^jj^^ *°^
other judicial oflScers, and shall hold their offices for the appointment '
term of four years ; provided, hoicever, that the present °*-
incumbents shall hold their offices for the term for which Besoive. '
they are elected. Feb'y 25, 1875.

Statutes. CourtestabUsh-

1. There is hereby established a municipal court for ^^-^^^j"*^*®-
the city of Portland, to consist of one judge, who shall 1856, c. 204, § 1.
be appointed, commissioned and qualified, in the manner
provided by the constitution of this State. judge's juris-

2. He shall, except where interested, exercise juris- diction as jus-
diction over all such matters and thinors within the county '^^^ ^^ *^®

° J peace, concur-

of Cumberland, as justices of the peace may exercise, rent or exciu-
and under similar restrictions and limitations ; and ^^^®'
concurrent jurisdiction with justices of the peace and ^^^^' 5 2-
quorum in case of forcible entry and detainer in said
county ; and exclusive jurisdiction where both parties
interested, or the plaintiff and a person sued as trustee,
are inhabitants of Portland. Judge not to

, 3. He shall not act as counsel or attorney in any case act as counsel

.,.,..,.,. <..i . ^^ certain

withm the jurisdiction of said court, nor in any cause, cases,
matter or thing which may depend upon or relate to any Act,i862, c.i5i.
cause cognizable by said court. His jurisdiction

4. The said court may take cognizance of simple in cases of lar-
larcenies, when the property alleged to be stolen shall ^n^g" L^inst
not exceed in value twenty dollars, and on conviction city by-laws,
award such sentence as is by law provided for such ^®^' ^' '^' ^ *'
ofienses ; and have exclusive jurisdiction of all offenses

against the by-laws of said city ; and in prosecution on
such by-laws, they need not be recited in the complaint
nor in allegations therein be more particular than in
prosecutions on a public statute.

5. The same proceedings may be had in the same fam?^°
manner, against persons keeping houses of ill-fame, for ibid. §5.
the purposes of lewdness or prostitution, on complaint,

as before a justice of the peace.

6. Any person may appeal from a sentence or judg- Right of
ment against him, to the then next term, for civil or j^^^Vg,

314 MUNICIPAL COUKT.

criminal business, as the case may require, of the court

having jurisdiction within said county, by appeal from

justices of the peace ; and such appeal shall be taken

and prosecuted in the same manner as from a sentence or

judgment of a justice of the peace.

Fines to be ac- 7^ ^i\ fio^gg ^mj penalties awarded by said judge, shall

ibid°§7 ^® accounted for and paid, over, as in case of those

Jurisdiction, awarded by a justice of the peace.

^enaftvaSrue ^' "^^^ court shall have jurisdiction, though the penalty
it 'iS6^^^'204 ^^^anded in any action or prosecution accrues to the city
§8. ' *"■ 'of Portland,

on Monday^ 9« The municipal court shall be held on Monday of
^amemiedby each week, at nine of the clock in the forenoon, and no
Act, 1859, c. 57. ^-^j^ process shall be returnable at any other time.
Recorder, how iQ. There shall be a recorder of said court, who shall
qualified always be a justice of the peace, and duly qualified as
His duties and such, and he shall be appointed by the governor, by and
w^^f " ^r T.^ with the advice of the council ; he shall be duly sworn as

Writs to be un- ' -^

der seal of recorder, and shall keep a fair record of the proceedings

court. ^£ |-jjg court, and deliver copies, when required, for the

Act, 1859, c. 57, ^ ^ ->

. §2, as amend- same fees which are allowed to justices of the peace. All

ing Act, 1856, ^yHs issucd bv Said court shall be under its seal and bear

C. 204, § 10.

Recorder's test of the judge, and shall be signed by the recorder.

feiS judge! 11- W^lien the judge is absent, it shall be the duty of

"^Smendedby ^^^ recorder, and he shall have authority to exercise

'fjg;^t^2Ki. ^1^ the powers of the judge.

^ ^titie ^^ °^ *^^^ 12. If the judge and recorder are both necessarily

.Justices of the absent, the judge may designate some justice of the peace

tuted in ab- duly qualmed, to perform the duties of his office ; or if

SGncG of lud&rc

and recorder, the judge should not SO desiofuate a justice of the peace,

1856, c. 204, § 12. ^, T ■, .,

Provisions the recorder may do it.

judge is va- 13. When the office of judge shall be vacant, the
ibid.*§i3, as recorder shall finish the business pending before the

amended by ,

private laws, <^vjuil.

Se?§'2^o of^tws 14. No justice of the peace residing in the city of

iteatrictions on Portland, shall in any manner take cognizance of, or
Sie^fn^oIS exercise jurisdiction over any crime or offense, or in

ibid!^§ 14, as ^^y ^^^^1 action, wherein the judge is not a party inter-
privati^hiw*. ^®*®^ ' ^^^ accept or receive any fee or reward therefor ;
I8<i3, c. 290. and any such justice of the peace, by violating this

MUNICIPAL COURT. 315

section, shall forfeit twenty dollars, to be recovered on
indictment.

15. But nothing in the* preceding section shall be con- Exceptions un-

strued as prohibiting the justices of the peace, residing *^^^ *^^-J*7*,

of tii6 UDited
in Portland, from exercising at all times, all the power states.

and jurisdiction given them by any laws of the United 1856, c. 204, § is.
States.

16. When the jud_ge is occasionally absent from the When recorder
room or office in which the court is held, the recorder ^^ts.^ "
shall have power, on proper complaint, to issue wan-ants

for the apprehension of persons charged with any crimi-
nal offence or breach of the peace ; and such warrants
shall have the same authority as if issued by the judge.

17. The salary of the recorder of the municipal court

for the city of Portland, shall be eight hundred dollars der!^° ^^^°^
per annum, in full for all services. Clerk hire for said Act 1879, c. iso.
recorder, two hundred dollars per annum. Said recorder
shall account for all fees and pay the same to the county
treasurer.

18. The costs recoverable by parties in said court, costs how to be
shall be as follows : — The plaintiff, if he prevail, shall, taxed.

be entitled to recover one dollar for his writ, and the ^ , c. .
defendant, if he prevail, shall be entitled to recover an
attorney fee of one dollar; and all other costs recov-
erable by either party, shall be taxed as before justices
of the peace.

19. During the temporary absence of the judge of Recorder, duty
the municipal court of the city of Portland, the recorder of'-id^^^''^
of said court is hereby authorized and empowered to try Act, 1863, c. 290,
and determine civil actions and processes within the juris- § ^•
diction thereof.

20. In case of vacancy by death, resignation or other- _incaseof va-
wise in the office of judge of said court, the recorder cancy of judge
aforesaid may try and determine all actions, civil and ibid. § 2.
criminal, within the jurisdiction of said court, until a judge

shall be appointed and qualified.

21. In case of a vacancy in the office of recorder of the '^^ntoent of
municipal court of Portland, by death or otherwise, recorder in
the judge of said court may appoint some suitable person 5879*0^51^"*^^

316 MUNICIPAL COURT.

to perform the duties of that office until the vacancy shall

be filled in the manner provided by law.

Judge to be ap- 22. Judges of municipal and police courts shall be

^rmre. " appointed by the executive power in the same manner as

amemiment, Other judicial oflSccrs, and shall hold their oflfices for the

Feb'y 25, 1875. . « »

See § 1 of this term of four years.

*^*®* 23. The judges shall be duly sworn, and commence

Salaries, &c. the discharge of their duties on the Monday following the

K.S., i87i,c. day of their election. They hold theii* offices, and vacart^
132, § 1. . *^ "^ '

See full section, cies are filled, as provided in the constitution. Their

salaries^ shall be fixed by the municipal ofl[icers, of their

towns and paid quarterly from the treasuries thereof ; and

all fees received by them shall be paid quarterly into said

treasuries, except where their compensation is fixed by

law, by the allowance to them in whole or in part of the

fees accruing in their courts.

I Salary of present Judge for 1880 and '81, is fixed at $1000.

JSTmsances.'

Statiites.2

1. Dangerous buildings may be adjudged nuisances.

2. Owner aggrieved, may apply to supreme court.

3. Same subject.

4. Costs, how paid.

5. Above not in force unless accepted.

6. Advertisements on fences prohibited. Penalty.

7. Certain nuisances described.

8. Places assigned for unwholesome employments.

9. When places assigned become offensive, what.

10. Buildings for manufacture of gunpowder, when nuisances.

11. Burning bricks in prohibited places, nuisance.

12. Stationary steam engine not be used without license.

13. Duty of officers on application for license.

14. Engine erected without license, a nuisance.

15. Engine. Power of town officers to remove.

16. Steam whistes.

Ordinances.

1. Steam whistles. Forbidden.

2. Steam whistles. Penalty.

3. Steam whistles. Not applying to Locomotives.

Statutes.
1. When the municipal officers of any town, after Dangerous
personal notice in writing to the owner of any bunit, ^^Jud^ecT^
dilapidated or dangerous building, or publication in a nmsances;
newspaper in the county three weeks successively, or proceedings.

^ ^ -^ '^ E. S.,1871,c.l7,

» For judicial decisions as to what constitutes a nuisance, and giving a
remedy by abatement, see the following cases: as to building in public
street, and the necessary destruction of same by law, or the wrongful use of
a building, harmless In itself. Brightman r. Bristol, 65 Maine, 428. Black-
smith shop, when a nuisance, Xorcross r. Thoms, 51 Maine, .503. Railroad
crossings, State v. P. S, & P. R. R., 58 Maine, 46. See also Swett v. Sprague,
55 Maine, 190; Davis r. Bangor, 42 Maine, 522; Brown v. Black, 43 Maine,
443; Barnes r. Hathom, 54 Maine, l"i4 ; Portland v. Richardson, 54 Maine, 46;
Cumb. & Oxford Canal r. Portland, 62 Maine, 504; Franklin Wharf r. Port-
land, 67 Maine, 46.

> The provisions of chapter 17, of the revised statutes of 1871, are made to
applj to tippling shops, act 1873, c. 152. *'

§26.

318

NUISANCES.

Powers of
aldermen and
selectmen.

Owner to be
served with
copy of order.

Return of
service.

Nuisance may
be abated.

Owner to pay
expense.

Payment
enfox-ced.

Owner
aggrieved
may apply to
supreme
court, or jus-
tice of, for a
jury.

Jury, how
empanneled.

Application,
when to be
made.

Ibid. § 27.

Verdict, what
it may be.

— return of.

— may be
accepted or
rejected.

Action, how
entered, if.

Exceptions
taken; pro-
ceedings.

Verdict
enforced.

Ibid. § 28.

if no newspaper is published in the county, then in
the State paper, and after a hearing of the matter, shall
adjudge the same to be a nuisance or dangerous, they
may make and record an order prescribing what disposi-
tion shall be made thereof, and thereupon the town clerk
shall deliver a copy of- such order to a constable, who
shall serve such owner, if resident within the State, with
an attested copy thereof, and make return of his doings
thereon to said clerk forthwith ; if the owner or part
owner is unknown, or resides without the State, such
notice shall be given by publication in the State paper,
or in a paper published in the county thi-ee weeks suc-
cessively. If no application shall be made to the
supreme judicial court, or a justice thereof, as is
hereafter provided, the municipal officers of such town,
shall cause said nuisance to be abated, removed or
altered in compliance with their order, and all expenses
thereof shall be repaid to the town within thirty days
after demand ; or may be recovered of such person by an
action for money paid.

2. Any owner aggrieved by any such order may apply
to the supreme judicial court, if in session in the county
or to any justice thereof, in vacation, for a jury, and
such court or justice shall forthwith order a warrant for a
jury to issue, to be empanneled by the sheriff as is pro-
vided by section ten of the eighteenth chapter of the
revised statutes. Such application shall be made within
five days after such order is' served on such owner, and
the jury shall be empanneled within seven days from the
issuing of the warrent.

3. The jury may find a verdict, either affirming or an-
nulling the said order, or making alterations therein, which
shall be returned forthwith to the justice issuing the war-
rant. He may accept or reject it, and issue a new warrant.
If the court is not in session, the action shall be entered
on the docket of the preceding term ; exceptions taken
by either party may be allowed, or execution may issue
as of that term, and if the verdict is finally accepted, the
justice may issue the proper process for enforcing it.

NUISANCES. 319

4. If the verdict affirms such order, costs shall be costs, how to
recovered by the town agaiost such applicant. If it an- be paid.
nuls such order in whole, costs shall bp recovered by ^^<^-§29.
the applicant against such town, and in case such verdict

shall alter such order in part, the court may render such
judgment as to costs as justice shall require.

5. The four preceding sections shall not be in force in Not applicable
atfy town unless adopted at a legal meeting thereof. ^ ibid. §3of

6. Whoever advertises his wares' or occupation by Advertisiiig on
painting notices of the same on, or affixing them to fences, rocks,
fences or other private property, or on rocks or other permission.
natural objects, without the consent of the owner, or if in R.s.,i87i,c.

127 5 8

the highway or any other public place without the per-
mission of the mayor of cities, selectmen of town or
assessors of plantations, shall be punished by fine of ten
dollars for each offense, to be recovered on complaint ;
one-half to the prosecutor, and one-half to the town in
which the offense is committed.

7. The erection, "* continuance or use of any building or

other place for the exercise of a trade, employment, certain nuisan-
or manufacture, which, by occasioning noxious exhala- ces described,
tions, offensive smells, or other annoyances, becomes ^- S-. c. 17, § 5.
injurious and dangerous to the health, comfort, or proper-
ty of individuals or the public ; causing or suffering any
offal, filth, or noisome substance to be collected, or to
remain in any place to the prejudice of others ; obstruct-
' ing or impeding, without legal authority, the passage of
any navigable river, harbor, or collection of water ; cor-
rupting, or rendering unwholesome, or impure, the water
of a river, stream, or pond ; unlawfully diverting it from
its natural course or state to the injury or prejudice of
others ; and the obstructing or incumbering by fences,
buildings or otherwise, the highways, private ways, streets,
alleys, commons, common landing places, or burying
grounds, shall be deemed nuisances within the limitations
and exceptions hereafter mentioned.

8. The municipal officers^ of a town, when they judffe Places to be

• 1 1 xu • r assiened for

it necessary, may assign some place or places therein for un>vhoisome

•^ -^ ^ ^ ^ employments.

8 Adopted by city council October 3, 1881, ^^^^" ^ ^'

* See cases cited on first page, title " Nuisances," ante, and especially
Franklin Wharf v. Portland, 67 Maine, 46.
8 State V. Hart, 34 Maine, 36.

320

NUISANCES.

Proceedings
when places
so assigned
become
offensive.

Ibid. § 7.

When build-
ings for the
manufacture
of gunpowder
shall be
deemed
nuisances.

Ibid. § 8.

And 1877, c. 219.

Burning bricks
in parts of a
town prohib-
ited by vote,
nuisances.

R. S., 1871, c.
127, § 9.

the exercise of any trade, employment, or manufacture
aforesaid, and forbid their exercise in other places, under
penalty of being deemed public or common nuisances and
liable to be dealt with as such. All such assignments
shall be entered in the records of the town and may be
revoked when said officers judge proper.

9. When any place or building so assigned becomes a
nuisance, offensive to the neighborhood, or injurious to
the public health, any person may complain thereof to
the supreme judicial court, and, if after notice to the
party complained of, the truth of the complaint is ad-
mitted by default, or made to appear to a jury on trial,
the court may revoke such assignment, and prohibit the
further use of such place or building for such purposes,
under a penalty not exceeding one hundred dollars for
each month's continuance after such prohibition, to the
use of said town ; and may order it to be abated, and
issue a warrant therefor, or stay it as hereafter provided ;
and if the jury on said trial, acquits the defendant, he
shall recover costs of the complainant.

10. If a person carries on the business of manufactur-
ing gunpowder, or of mixing or grinding the composition
therefor, in any building within eighty rods of any valu-
able building not owned by such person or his lessor,
erected when such business was commenced, the former
building shall be deemed a public nuisance ; and such
person may be prosecuted accordingly.

11. A town, at its annual meeting, may prohibit the
burning of bricks, or the erecting of brick kilns within
such parts thereof as they deem for the safety of the
citizens or their property. And if any person, by him-
self or others, violates such prohibition, the municipal
officers shall cause said bricks or brick kiln to be forth-
with removed, at the expense of the owner thereof ; and
the offender shall be liable to a fine not exceeding two
hundred dollars to the use of said town ; and if said
bricks or brick kiln are not removed before a conviction,
the court may issue a warrant for the removal thereof, or
stay it as hereafter provided.

NUISANCES. , . 321

12. No stationary steam engine shall be erected in a stationary
town, unless the municipal officers have previously steam engine

not to I3G hmhI

granted license therefor, designating the place where the without
buildings therefor shall be erected, the materials and license,
mode of constniction , the size of the boiler and furnace, ^^^*^§i^-
and such provisions as to height of chimneys or flues, and
and protection against fire and explosion, as they judge
proper for the safety of the neighborhood. Such license
is to be granted on written application, and recorded in
the town records, and a certified copy of it furnished,
without charge, to the persons applying for the license.

13. When application is made for such license,' said Duty of town
officers shall assign a time and place for its consideration, app^^aon
and give public notice thereof at least fourteen days for a license,
beforehand as they think proper, at the expense of the ^^^^' ^ ^^'
applicant, that all persons interested may be heard before
granting a license.

14. Any such engine^ erected without license shall be Such engine

erectea with-

deemed a common nuisance without any other proof than out license to

be deemed a
Its use. nuisance.

15. Said officers shall have the same authority to abate n^id. §19.
and remove a steam engine, erected without license, as is ^o^^rof town

° ' ' ofllcers to

given to the health committee or health officer in chapter remove such
fourteen. Revised Statutes, for the removal or discontin- ^"^^®-
uance of the nuisances therein mentioned.

16. The city of Portland is hereby authorized to reg- steam whisUes,
ulate or prohibit the use of all or any kind or class of and the proper
steam whistles within the city limits by ordinance, and under author-
impose penalties for the breach thereof upon persons ityofcity.
owning or using such whistles, or upon both, not exceed- ^^* 18«4, c.
ing one hundred dollars for each offence, to be recovered

by complaint or indictment in any court of competent
jurisdiction, and all penalties recovered shall be for the
use of the city.

Ordinances.
1. The use of all kinds of steam whistles within Forbidding
the city limits is prohibited, except as hereinafter ord^™!^'"''-

provided. June 25, 1874.

« Brightman v. Bristol, 65 Maine, 426.

322 * NUISANCES.

Penalty. 2. If any person shall, within the city limits, use

any steam whistle, the person so using the same, and
also the owner of such steam whistle, shall severally
forfeit and pay a penalty of fifty dollars every time
such whistle shall be used in violation of the provi-
sions of this ordinance.
Not to apply to ^' This Ordinance shall not apply to the use of
locomotives, whistles on locomotives when absolutely necessary to
call for brakes to be applied to prevent collision or
damage, or to the use of whistles on stationary engines
for the purpose of notifying employees when the
works are to start up or shut down, or the use of
steam fire engine whistles in time of fire.

[See title " Health."]

Ordinances and By-La^ws/

Statutes.

1. What by-laws and ordinances towns may make.

2. Protection of trees, hydrants, &c.

Ordinances.

1. Enacting style of city ordinances.

2. Ordinances to be published.

3. Time of ordinances taking eflfect.

4. Construction of ordinances, rules applicable.

5. Fines to enure to use of city, except, &c.

Statutes.

1. Towns, cities, and village corporations may make To^^g^nd
such by-laws or ordinances as they think proper, not cities may
inconsistent with the laws of the State, and enforce them ^^'^ ^' ^l'

' R. S., 1871, c. 3'

by suitable penalties, for the purposes and with the limi- § 40.
tations following :

First. For managing their prudential affairs as they
judge conducive to their peace and good order, and ^p^XnuS"^
annex penalties not exceeding five dollars for one offence, affairs,
subject to the approval of the county commissioners, or i^id.
a judge of the supreme judicial court.

Second. For establishing such police regulations as Police reguia-
they may deem necessary for the prevention of crime, °°^*
the protection of property and the preserv^ation of ^.25. ' '
good order.

Third. Respecting infections, diseases and health. ^diseases!

Fourth. For regulating the going at large of dogs, Goiy at large
swine, and cattle therein.

1 An ordinance is invalid if repugnant to a general law of tiie State.
Burke r. Bell, 36 Maine, 317. Ordinances, if unreasonable or oppressive,
are void. Jones v. Sanford, 66 Maine, 585. No by-law can enlarge corpor-
ate powers. Andrews v. W. M. F. Ins. Co., 37 Maine, 2.56. Mayor and
aldermen have no power to permit a violation of an ordinance. Common-
wealth V. Worcester, 3 Pick., 462. As to time when ordinances take effect
see 109 Mass., 355.

324

ORDINANCES AND BY-LAWS.

Wood, bark,
coal.

Wooden
buildings.

See E. S., c. 1'
§26.

Omnibuses,

stages and
fares.

Fifth. Respecting the measure and sale of wood, bark,
and coal brought to market, and the teams coming there-
with.
Sidewalks, &c. Sixth. For reserving and setting off such portions of
their streets for sidewalks as they deem proper, and keep-
ing them clear of snow and other obstructions, and for
planting and preserving trees by the side thereof.

Seventh. Respecting the erecting of wooden buildings
therein, or buildings, the exterior of which shall be in
part of wood, and defining their proportions and dimen-
sions ; and any building erected contrary to a by-law or
ordinance adopted under this specification shall be deemed
a nuisance and dealt with accordingly.

Eighth. For the due regulation of omnibuses, stages,
hacks, coaches, wagons, carts, drags, hand-carts, and all
other vehicles, used wholly or partly therein for business,
pleasure, or the conveyance of passengers by horse-power
or otherwise, and by establishing the rates of fare, their
routes and places of standing, and in any other respect ;
but by-laws and ordinances for this purpose shall be pub-
lished one week at least before they take effect, in some
newspaper printed therein, and penalties for their breach
shall not exceed twenty dollars for one offence, to be
•recovered by complaint to the use of such city, town qr
corporation.

Ninth. For the effectual protection of persons against
injury from the sliding of snow and ice from the roofs
of buildings therein ; but the authorities of such cities,
towns and corporations shall notify the owners of the
buildings of by-laws or ordinances adopted under this
specification, and if they do not comply with them in
thirty days after notice, they shall be liable for all injury
sustained by any person in consequence thereof ; and
said authorities, at the expense of their cities, towns or
corporations, may place the required guards or other
obstructions on the roofs of such buildings, and the
reasonable charges therefor may be recovered of such
owners.

By-laws to be
published.

Protection
from falling
ice and snow.

ORDINANCES AND BY-LAWS. 325

Tenth. Any city may establish localities for, and sale of fresh
regulate the sale of fresh meat and fish therein, and fix meat and flsh.
penalties for breach thereof.

2. Towns, 2 cities and village corporations may make
such by-laws as they deem proper, respecting the location Protection of
of trees and hydrants within the limits of their roads, ^^^^'J^^^.
ways and streets ; and no trees, lamp posts, posts or tj^qsc located
hydrants which are now located or shall hereafter be according to
located in accordance with the requirements of such ^ot a defect,
by-laws and ordinances, shall be deemed a defect in i87i, c. i78.
such road, way or street.

Ordinances.

1. All by-laws of the city shall be denominated Enacting stjie
ordinances, and the enactinor style shall be, "Be it **l^^'il**'^*"

' o •/ ' nances.

ordained by the mayor, aldermen, and common council Rev. ord. ises.
of the city of Portland, in city council assembled, as
follows :"

2. The ordinances of the city council shall be pub- ojdi^ancesto

/^ ^ ^ be published.

lished and promulgated by inserting the same two ^^^^
weeks successively in one or more newspapers pub-
lished in the city of Portland ; but this section is
directory, merely, and a failure to comply ^vith the
same, shall not affect the validity of any order or
ordinance.

3. Any ordinance enacted by the city council shall ^. , ^.

•^ . _ -^ _ -^ Time of ordi-

take effect and go into operation in ten days from and nance taking
after the day on which it shall have been approved by j^^^^*^ '
the mayor, unless the provisions of any ordinance
shall otherwise prescribe.

4. In the construction of ordinances the same rules

shall be obseiwed so far as they may be applicable, ^^^^^^""^
as are provided in the revised statutes of this State, mies appuca-
chap. 1, sect. 4, unless such construction would be ^^^^
inconsistent with the manifest intent of the city council,
or repugnant to the context of the same ordinance.

» Also to regulate sale of old junk, &c., 1881, c. 11.

326 ORDINANCES AND BY-LAWS.

Fines to enure 5 . All fines and penalties for the violation of any
city^lxcepS ^^ ^^^® ordinances of the city council, or any of the
ii)id. orders of the mayor and aldermen, shall be recoverable

by prosecution in the municipal court of Portland, or
any court which may be established in place thereof,
and when recovered, shall enure to the use of the
city, and shall be paid into the city treasury; except
in those cases where it may be otherwise provided by
the acts of the legislature, or the ordinances of the
city.

Paupers.'

Statutes.

1 . Election of overseers of poor.

2. Settlement, how acquired.

I. Married women,
n. Legitimate children,
ni. Illegitimate children.
IV, Division of towns.
V. Apprenticeship.
\T[. Residence five years,
vn. Residence March 21, 1821.
vm. Incorporation of towns.

3. Settlements remain till new ones acquired.

4. " not affected by revision of laws, when.

5. Duty of towns.

6. " overseers.

7. Kindred liable.

8. " may be assessed, how.

9. Pauper children may be bound by overseers.

10. Overseers to inquire as to treatment of bound children.

11. Damages for ill treatment of children.

12. Child becoming of age may sue master,

13. Child running away may be arrested.

14. Child discharged on complaint of master.

15. Pauper adults may be bound for one year.

16. Persons bound may complain to court.

17. Overseers to relieve all destitute persons.

18. Duties of overseers where there is a jail.

19. Notice to town liable for relief.

20. Answer to notice to be returned wltliin two months.

21. Notice by mail sufficient.

22. Persons removed, returning, may be sent to house of

correction.

23. Foreign paupers may be removed to the place where they

belong.

1 For definition of " poor persons," see 10 Cushing, 239. Concerning
authority of overseers to contract debts for supplies for paupers, see 8
Allen, 73.

328

PAUPERS.

24. Wlien the towns are liable to inhabitants for private

support of paupers.

25. Overseers to complain of intemperate persons.

26. Towns may recover of paupers.

27. Overseers to take charge of property of deceased paupers.

28. Overseers may prosecute and defend.

29. Penalty for bringing paupers into a town.

30. Liability of common carriers for bringing in non-resident

paupers.

31. Soldier not to be considered pauper.

Election of
overseers of
poor, city
charter, 1863,
§8.

Settlement,

how acquired.
R.S.,1871, C.24,

§1.

Married
women.

Legitimate
children.

Statutes.

1. There shall be elected at the first election of sub-
ordinate officers, in Portland under this act, in March,
twelve persons for overseers of the poor and work
house ; four of whom shall be elected for one year, four
for two years, and four for three years ; and all subse-
quent annual elections shall be for the term of three
years.

2. Settlements, subjecting towns to pay for the support
of persons on account of their poverty or distress, are
acquired as follows :

I. A married woman^ has the settlement of her hus-
band, if he has any in the State ; if he has not, her own
settlement is not affected by her marriage. When it
appears in a suit between towns involving the settlement
of a pauper, that a marriage was procured to change it
by the agency or collusion of the officers of either town,
the settlement is not affected by such marriage.

II. Legitimate children^ have the settlement of their
father, if he has any in the State ; if he has not, they
have the settlement of their mother within it ; but they
do not have the settlement of either, acquired after they
are of age and have capacity to acquire one.

2 For general rule, see Hallowell «, Augusta, 52 Maine, 216; Howland v.
Burlington, 53 Maine, 54; Bucksport v. Rockland, 56 Maine, 22. As to wife
of an alien, Sanford v. Mollis, 2 Maine, 194. Augusta v. Kingfield, 36 Maine,
235. Also see 10 Cush., 517, 105 Mass., 293. '

8 Hampden v. Brewer 24 Maine, 281 ; Brewer v. East Machias, 27 Maine,
489; Farmington v. Jay, 18 Maine, 376; Ldvermore v. Peru, 55 Maine, 469, 106
Mass., 598, 37 N. H., 441.

PAUPERS. 329

III. Children, legitimate, or illegitimate,^ do not ac-
quire a settlement by birth in the town where they are

born. Illegitimate children have the settlement of their legitimate
mother, at the time of their birth ; but when the parents chUdren.
of such children born after March 24, 1864, intermarry,
they are deemed legitimate, and have the settlement of
their father.

IV. Upon division of a town, a person having a settle-
ment therein and absent at the time, has his settlement
in that town, which includes his last dwelling place iu

the town divided. When part of a town is set off from towns,
it and annexed to another, the settlement of a person
absent at the time of such annexation is not affected
thereby. When a new town, composed in part of one or
more existing towns, is incorporated, persons settled in
such existing town or towns, who have begun to acquire
a settlement therein, and whose homes were in such new
town at the time of its incorporation, have the same
rights incipient and absolute respecting settlement, as
they would have had in the town where their homes for-
merly were. 5

V. A minor who serves as an apprentice in a town four Apprentice-
years, and within one year thereafter sets up such trade ^^p-
therein, being then of age, has a settlement therein.

VI. A person^ of age, having his home in a town five ReJ^gnce five
successive years without receiving, directly or indirectly, years,
supplies as a pauper, has a settlement therein.

VII. A person having his home in a town on March Residence
twenty-one, eighteen hundred and twenty-one, without ^^^-21.1821.
having received supplies as a pauper within one year

before that date, acquired a settlement therein.

VIII. Persons having their homes in an unincorporated jncorporationi
place for five years without receiving supplies as a pauper, ot towns.

* Fayette r. Leeds, 10 Maine, 409; Hallowell v. Augusta, 52 Maine, 216;
Raymond v. Nortfi Berwick; 60 Maine, 114, 8 Cush., 75, 8 Allen, 551.

5 Lewiston v. Auburn, 32, Maine, 492; Freeport v. Pownal, 23 Maine, 472;
Ripley v. Levant, 42 Maine, 308.

« Brewer tJ. Llnneus, 36 Maine, 428; Ellsworth t?. Gouldsboro', 55 Maine,
94; Burlington v. Swanville, 64 Maine, 78; Glenburn v. Naples, 69 Maine, 68;
Lewiston v. Harrison, 69 Maine, 68. As to eflfect of emancipation, see Veazle
V. Machias, 49 Maine, 105; Monroe v. Jackson, 55 Maine, 55.

330

PAUPERS.

Settlements
remain till
new ones
acquired.

R. S., 1871, c.
24, § 2.

Eevision of
laws does not
aflfect them.

Ibid. § 3.

Duty of towns.
Ibid. § 4.

Overseers'
duties.

Ibid. § 5.

Poor not to be
sold.

Towns may-
contract.
Ibid. § 6.

Kindred liable.
Ibid. § 9.

Court on com-
plaint may
assess them.

and having continued their homes there to the time of its
incorporation, acquire settlements therein. Those hav-
ing homes in such places less than five years before
incorporation, and continuing to have them there after-
wards, until five years are completed, acquire settlements
therein.

3. Settlements''' acquired under existing laws, remain
until new ones are acquired. Former settlements are
defeated by the acquisition of new ones.

4. Persons who have begun to acquire settlements
under existing laws, are not to be affected by a repeal
of them, and a re-enactment of 'their provisions in
substance.

5. Towns are to relieve persons having a settlement
therein, when on account of poverty, they need relief.
They may raise money therefor as for other charges of
the town, and may at annual meeting choose not exceed-
ing twelve legal voters to be overseers.

6. Overseers are to have the care of persons charge-
able to their town, and are to cause them to be relieved
and employed, at the expense of the town, and as the
town directs, when it does direct. Persons chargeable
are not to be set up and bid off at auction, either for
support or service ; but towns at their annual meet-
ings, when the warrant contains an article for the pur-
pose, may contract for the support of their poor for a
term not exceeding five years.

7. The father, and mother, grandfather, and grand-
mother, children, and grand-childen, by consanguinity,
living within the State, and of sufficient ability, are to
support persons chargeable in proportion to their respec-
tive ability.

8. A town or any kindred,^ who have incurred any
expense for the relief of a pauper, may complain to the

7 Monson v. Fairfield, 55 Maine, 117, 6 Cush., 61, 13 Gray, 586. As to eman-
cipation, see Lowell v. Newport, 66 Maine, 78 ;' Dennysville r. Trescott, 30
Maine, 470 ; Monroe v. Jackson, 55 Maine, 55 ; Veazie r. Machias, 49 Maine, 105;
Frankfort v. New Vineyard, 48 Maine, 565; Omeville v. Glenbum, 70 Maine,
353; Hampden v. Troy, 70 Maine, 484.

8 Hiram v. Pierce, 45 Maine, 367; Calais v. Bradford, 51 Maine, 414; Tracy
V. Rome, 64 Maine, 201.

PAUPERS. 331

supreme judicial court in the county, where any one of ibid. § lo.
such kindred resides ; and the court may cause such ^®^ ^^^^ §§ ^^'

, . , , , - - - - 12, and 13, pro-

kindred to be summoned, and upon a hearmg or default, vidingfor
may assess and apportion a reasonable sum upon such complaint,
kindred, as are found to be of sufficient ability, for the ^«^^«^'^^^*'
support of such pauper to the time of such assessment ;
and may enforce payment thereof by warrant of distress.
Such assessment is not to be made to pay any expense
for relief afforded more than six months before the com-
plaint was filed.

9. The minor children of parents chargeable, ^ or of ChUdrenmay
parents unable in the opinion of overseers to maintain te^nnsTnd
them, and such children chargeable themselves, may, time.-
without their consent, be bound by the overseers, by deed^^^*^' ^ ^*'

of indenture, as apprentices or as servants to any citizen
of the State, to continue till the males are twenty-one, and
the females eighteen years of age or are married, unless
sooner discharged by the death of their master. Provision
is to be made in such deed for the instruction of males to
read, write, and cypher, and for females to read and write ;
and for such further instruction and benefit within or at
the end of the term, as the overseers think reasonable.

10. The overseers are to inquire into the treatment of

^such children, and to protect and defend them in the overseers to

' . inquire, mav

enjoyments of their rights in reference to their masters complain of
and others. They may complain to the supreme judicial master. Court
court in the county, where their town is, or where the child, who
master resides, against such master for abuse, ill-treat- may be bound
ment or neglect, of a child bound to him. The court is *^^^"*
to cause him to be notified, and upon a hearing of the
parties or on default, may, for sufficient cause proved,
discharge the child with costs, or dismiss the complaint,
with or without costs at discretion. Any child so
discharged, or whose master has deceased, may be bound
anew for the remainder of the time.

11. The overseers, by a suit on the deed of indenture, oaraages^or^
may recover damages for breaches of its covenants. The ^Jfi^^^'^^
amount so recovered, deducting reasonable charges, is to ibid. §i6.

» Milo V. Harmony, 18 Maine, 415; Eastport r. Lubec, 64 Maine, 244; Leeds
r. Freeport, 10 Maine, 356.

332 PAUPERS.

be placed in the treasury of the town, to be applied by
the overseers to the benefit of the child during his term,
or be paid to him at its expiration. The court on trial of
such suit, for sufficient cause exhibited, may discharge
the child. Such suit is not abated by the death of over-
seers or by the expiration of their term of office ; but
shall proceed in their names, or in the names of the
survivors.
Child be omin ^^* ^^^^ ^^^^^^^ withiu two years after the expiration of
ofagemaysue his term, may commence an action of trespass, or case,
master for ^^ ^ g^^^ ^^ ^j^^ deed, to recover damasjes for a breach of
damages. • , i i

Ibid §17 ^*® covenants, or for mjuries, other than such as have

been tried in a suit between the overseers and master.

He is for this purpose entitled to the custody of the deed

of indenture when necessary, or to a copy of it, and he

may sue upon it as assignee without an assigment of it.

Child who has 13. AVhen a child so bound departs from service with-

departedmay out leave, his master or a person in his behalf may

andretairned. complalu on oath to a trial justice in the county, where

Those harbor- lie resides, or where the child is found, who is to issue a

ing or enticing ^ warrant and cause such child to be brought before

Ibid 5 18 ^^^^' ^^^ when the complaint is supported, he is to

order the child to be returned to his master, though he

resides in another county, or commit him to a jail or^

house of correction to remain not exceeding twenty

days, unless sooner discharged by his master. A person,

who entices such a child to leave his master, or harbors

him knowing that he has so departed, is liable to the

master for all his damages.

Child may be 14. A master may complain to the court in the county,

discharged on ^here he resides, or where the overseers making the

complaint of

master. indenture resided, for gross misbehavior of the child, and

Ibid. § 19. the court after notice to the child and to the overseers of

the town binding, may discharge the child.
Persons of age ^^5^ Overseers may set to work, or by deed bind to

may be bound ./ 7 ^

for one year. Service upon reasonable terms, for a time not exceeding
Ibid. §20. one year, persons having settlements in their town or

having none in the State, married or not married, able of
body, upwards of twenty-one years of age, having no
apparent means of support, and living idly ; and all per-
sons liable to be sent to the house of correction.

PAUPERS. 333

16. A person so bound may complain to the court, person bound
m the county where he or the overseers reside, and the ™*y complain
court after notice to the overseers, and master, may upon ji^.,, 21

a hearing, dismiss such complaint, or discharge him from
the master and overseers, and award costs to either party
or against the town at discretion.

17. Overseers!^ are to relieve persons destitute, found Overseers to
in their towns and having no settlement therein, and in relieve per-

*^ sons having

case of decease, decently bury them; the expenses setuements in
whereof and of theii* removal incurred within three other towns,
months before notice given to the town chargeable,
may be recovered by the town incurring them against the
town liable, in an action commenced within two years
after the cause of action accrued, and not otherwise ; and
may be recovered of their kindred in the manner before
provided in this chapter. Recovery in such action against
a town estops it from disputing the settlement of the pau-
per with the town recovering.

18. Overseers^i of a town, in which there is a county Overseers
jsUl, may, by their written order, set to work so far as ^ jaii, duties.
necessary for his support, any debtor committed, and then Liability of
chargeable t(^uy town in the State for his support. The p^
town where he has a settlement, is liable to pay the ibid. §26.
expenses incurred not so paid by him ; and the town incur-
ring them may recover the same of the creditor, at whose

suit he was committed at the rate fixed by law for his
support.

19. Overseers are to send a written notice^^ signed by Notice to be

one or more of them, stating the facts respecting a per- givenof re-
, , . ' ^ « f Uef to town

son chargeable m their town, to overeers of the town nabie.

where his settlement is alleged to be, requesting them to iwd. § 27.

remove him, which they may do by a written order

dii-ected to a person named therein, who is authorized

to execute it. When paupers are sought to be removed

w Norridgewock v. Solon, 49 Maine, 3&5, 550; Holden r. Brewer, 38 Maine,
472; Newry r. Gllead, 60 Maine, 154; Kennedy v. Weston, 65 Maine, 596.

^^ Norridgewock v. Solon, sitpra.

« Eennebunkport v. Buxton, 26 Maine, 61; Cutter v. Maker, 41 Maine .594;
Verona r. Penobscot, 56 Maine, 11; Fayette v. Llvermore,62 Maine, 229;
Bowdolnham r. Phlpsburg, 63 Maine, 497 ; East Machias v. Bradley, 67 Maine,
533; Veazle v. Howland, 53 Maine, 39.

334

PAUPERS.

Complaint
where pau-
pers refuse to
go with person
appointed to
remove them.

1879, c. 157.

Complaint.

Proceedings.
Ibid.

Fees and costs.
Ibid.

Answer to be
returned
within two
months.

R.S.,1871,c.24,
§2&

to the town of their alleged settlement, under the pro-
visions of section twenty-seven, chapter twenty-four of
revised statues, and the person to whom the order of the
overseers is directed requests them to go with him in
obedience to said order, and they refuse so to do, or
resist the service of such order, the person to whom it is
directed may make complaint in writing, by him signed,
of the facts aforesaid, to any judge of a police or
municipal court or trial justice within the county where
said paupers are then domiciled. Said judge or justice
shall thereupon, by proper order or process, cause said
paupers to be brought forthwith before him by any officer
to whorn the same is directed, to answer said complaint
and show cause why they should not be so removed.
The complaint may be amended at any time before judg-
ment thereon, according to the facts. The complainant
and the paupers shall be heard by such judge or justice
and if upon such hearing the judge or justice aforesaid
finds the town to which such paupers are sought to be
removed is liable for their maintenance and support, of
all or any of them, he shall issue his order, under his
hand and seal, commanding the person ta whom it is
directed to take the bodies of said paupers and them
transport to the town aforesaid, and them deliver to the
custody of the overseer of the poor thereof. The person
to whom said last named order is directed shall have all the
power and authority to execute the same according to the
precept thereof, that the sheriff or his deputy now has in
executing warrants in criminal proceedings. The fees and
costs shall be the same in the foregoing proceedings as
ai*e by law chargeable for like services in criminal cases,
and shall be paid by . the town seeking to remove such
pauper or paupers.

20. Overseers^^ receiving such notice are, within two
months, if the pauper is not removed, to return a written
answer, signed by one or more of them, stating their
objections to his removal ; and if they fail to do so, the
overseers requesting his removal may cause him to be

13 Veazie v. Rowland, supra; East Machlas v. Bradly, supra.

PAUPERS. 335

removed to that town in the manner provided in the
preceding section ; and the overseers of the town to which
he is sent are to receive him and provide for his support ;
and their town is estopped to deny his settlement therein,
in an action brought to recover for the expenses incurred
for his previous support and for his removal.

21. Whehi"* a written notice or answer provided for in Notice by mail
this chapter is sent by mail, postage paid, and it arrives sufficient.

at the post office where the overseers to whom it is directed ^^^ § ^9.
reside, it is to be deemed a sufficient notice or answer.

22. A person removed, as provided in this chapter. Persons re-
to the place of his settlement, who voluntarily returns to ^°^^'^^™'
the town from which he was removed, without the consent sent to house
of the overseers, on conviction thereof before a justice of ®'co"^ction.
the peace, may be sent to the house of correction as a
vagabond.

23. Overseers may make complaint, that a pauper Foreign pau-
chargeable to their town has no settlement in the State, pers maybe
to a justice of the peace, who may, if he thinks proper, ^"^^^^

by his warrant directed to a person named therein, cause
such pauper to be conveyed, at the expense of such town,
beyond the limits of this State, to the place where he
belongs, but these provisions do not apply to families of
volunteers enlisted in this State, who may have been
mustered into the service of the United States.

24. Towns are to pay expenses necessarily incurred Towns liable to
for the relief of paupers by an inhabitant not liable for individuals.
their support, after notice and request to the overseers, ^^^' ^ ^*
until provision is made for them.

25. When a person in their town, notoriously subject Overseers to
to habits of intemperance, is in need of relief, the over- co^P^ai" o'

pei-sons intern-
seers are to make complaint to a justice of the peace in perate.

the county, who is to issue a warrant and cause such iwd. § 33.

person to be brought before him, and upon a hearing and

proof of such habits, he is to order him to be committed

to the house of correction, to be there supported by the

town where he has a settlement, and if no such town, at

the expense of the county, until discharged by the over-

" Augusta T. Vienna, 21 Maine, 298; Bangor v. Fairfield, 46 Maine, 558.

336

PAUPERS.

Towns may
recover of
paupers.

Ibid. § 34.

Overseers take
possession of
property of
paupers de-
ceased.

Ibid. § 35.

May prosecute
and defend.
Ibid. § 36.

Penalty for
bringing pau-
pers into a
town.

Ibid. § 38.

Common car-
riers' liability
for bi'ingiug
non-resident
paupers into
the state.

Proviso.
1875, c. 41.

Soldiers not to
be considered
paupers.

1875, c. 21.

seers* of the town in which the house of correction is
situated, or by two justices of the peace and quornm.

26. A town, which has incurred expense for the sup-
port of a pauper, whether he has a settlement in that
town or not, may recover it of him, his executors, or
administrators, in an action of assumpsit.

27. Upon the decease of a pauper then chai^eable, the
overseers may take into their custody all his personal
property, and if no administration on his estate is taken
within thirty days, may sell so much thereof, as is neces-
sary to repay the expenses incurred. They have the
same remedy to recover any property of such pauper,
not delivered to them, as his adminstrator would have.

28. For all purposes provided for in this chapter, its
overseers, or any person appointed by tl^em in writing,
may prosecute and .defend a town.

29. Whoever!^ brings into and leaves in a town where
he has no settlement, a poor person, knowing him to be
so, with intent to charge such town with his support,
forfeits a sum not exceeding one hundred dollajs, to be
recovered, to the use of such town, in an action of debt.

30. Any common carrier that brings into this state any
person not having a settlement in the state, shall cause
the removal beyond the lines of the state, of any such
person, if he falls into distress within a year, .which
removal said common carriers are hereby authorized to
make ; provided such person shall be delivered on board
a boat or at a depot of such common carrier, by the
overseers or municipal officers requesting such removal ;
and in default thereof, such common carrier shall be liable
in an action of assumpsit for the expense of the support
of such person after such default.

31. No soldier who has served by enlistment in the
army, or navy of the United States, in the war of
eighteen hundred and sixty one, and in consequence of
injury sustained in said service, may become dependent
upon any city or town in this state, shall be considered a
pauper, or subject to disfranchisement for that cause.

15 Sanford V. Emery, 2 Maine, 5; Parsonsfleld v. Perkins, 2 Maine, 411;
Houlton v. Martin, 50 Maine, 336; 21 Pick., 83; 110 Mass., 210; 16 Mass., 393.

Pa^^A^nbrokers,

statutes.

1. License and removal of pawnbrokers, and penalty for

acting without license.

2. To keep an accurate and particular account of all business

done, under a penalty.

3. Rate of interest fixed at twenty-five per cent, on loan of

twenty-five dollars, and six on larger.

4. Time and mode of selling pawned property, and notice

thereof, fixed under a penalty.
6. Penalty for not paying over proceeds of sale, after
deducting amount due on loan.

1. The municipal officers of any town may grant License and
licenses to persons of good moral character, to be pawn- removal of
brokers therein for one year, unless sooner removed by g,^

said officers for a violation of law regulating their busi- k.s.,1871,c.35,
ness ; and any person carrying on said business without ^ ^'
a license, shall be liable to a penalty not exceeding one
hundred dollars.

2. Every pawnbroker shall keep abook, in which he shall

enter the date, duration, amount and rate of interest, of '^ount^of all
every loan made by him ; an accurate account and descrip- business done,
tion of the property pawned, and the name and residence ^^^^^^^^p®"-
of the pawner, and, at the same time, deliver to said ibid. §2.
pawner a written memorandum signed by him, containing
the substance of the above entry, and at all reasonable
times, submit said book to the inspection of any of the
officers aforesaid ; and for every violation of this section
he shall forfeit twenty dollars.

3. No pawnbroker shall directly or indirectly receive

any rate of interest greater than twenty-five per cent a Rates of inter-
year on a loan not exceeding twenty-five dollars, nor than est fixed,
six per cent on a larger loan made upon property pawned, ^^*^' § ^*
under a penalty of one hundred dollars for each offence.

338 PAWNBROKEBS.

Timeandmode 4. No pawnbroker shall sell any property pawned,

of selling until it has remained in his possession three months after

er^" and ^no- *^® expiration of the time for which it was pawned ; and

tice thereof, all such sales shall be at public auction by a licensed

fixed under a auctioneer, and after notice of the time and place of sale,
• penalty.
Ibid. §4. the name of the auctioneer, and a description of the

property to be sold are published in a newspaper in
the town, where the property is pawned, if any", and if
not, posted in two public places therein at least two weeks
before the sale ; and all sales of such property otherwise
made, shall be wholly void, and the pawnbroker, under-
taking to make the same, shall forteit twenty dollars for
every such offence.

5. After deducting from the proceeds of any sale as

Penalty for not aforesaid the amount of the loans the interest then due,
paying over ^^^ ^j-^g proportional part of the expenses of «ale, such
sale, &c. pawnbroker shall pay the balance to the person entitled

Ibid. § 5. to redeem such property if no sale had been made ; and

if not so paid on demand, he shall forfeit double the
amount so retained, one-half to the use of the pawner,
and the other to the use of the State,

Permits.

Ordinance.
Fee forpermits.

Whenever a peniiit shall be granted to any person,
under the authority of any order or ordinance, the
applicant shall pay to the officer granting the same
the sum of twenty-five cents, except in cases other-
wise specially provided for.

Fee for permits
Eev. Ord. 1868.

Petroleum, Inspection of.

Statutes.

1. Inspectors appointed. Their duties.

2. Casks, how to be marked. False marks, how punished.

3. Casks must be inspected. Penalty for neglect.

4. Duty of Municipal ofRcers and police.

Ordinance.

Fees of inspectors.

Statutes.

1. In towns containing two thousand inhabitants or

more, the municipal officers shall, on or before the first inspectors of
day of May annually appoint one or more persons, and petroleum to
fix their compensation, to be inspectors of petroleum, j^ ^(^^^"^f*^
coal oil, and burning fluids who shall be duly sworn, and 2000inhabi-
shall when requested inspect such oils and burning fluids J^^^^.JJ,"^"^®'

R. S. 18/1, c. 39,

by applying the fire test with G. Tagliabue's pyrometer § 99.
or some other accurate instrument, to ascertain the ignit-
ing or explosive point thereof in degrees of Fahrenheit's
thermometer, and they shall cause every vessel or cask
thereof by them so inspected to be plainly marked by
the name of such inspector, the date of inspection, and
the igniting or explosive point of the contents thereof.

2. Whenever any cask or vessel of such oil or fluid Casks, how to
will not bear the fire test of at least one hundred and ^® marked,
twenty degrees Fahrenheit, without ignition or explo-
sion, the same shall be marked as aforesaid, and shall

also be marked — unsafe for illuminatinq purposes. And

False marks,

if any inspector knowingly put false marks upon such how punished,
casks or vessels inspected by him, he shall be punished iwd. §30.
by a fine of not exceeding five hundred dollars, or by
imprisonment for the term of six months in the county jail.

3. Every person and corporation engaged in manufac-
turing petroleum or coal oil or burning fluid, shall cause ^j^f ecTe'dm^
every cask or other vessel thereof to be so inspected and this state.

PETROLEUM, ETC. 341

marked by a sworn inspector. And if any person manuf ac- Penalty for
tures or sells such oil or burning fluid, not so inspected and neglect,
marked in this state, or that has not been so inspected
and marked as unsafe for illuminating purposes, he shall
pay a fine not exceeding five hundred dollars, or be
imprisoned six months in the county jail, upon indictment
therefor.

4. The municipal ofl3cers of towns, and the police of ^ ^ ,

^ 7 £- Duty of muni-

cities, shall have the right at all times to examine all such cipai officers
oils and fluids kept in their towns, for sale, and to cause a^^fi police.

'■ Ibid. § 32.

the same to be inspected and tested ; and they shall do see r. s., isti,
so in all cases where they are informed or believe the ^- ^'

*^ 1 -, 1 §24, which

same are kept ^r sale in violation of law ; and when g^ygs towns
they find any persons so keeping or selling them they ^^e right to
shall cause them to be prosecuted therefor. tio^g about

petroleum and

Ordinance. °*^^'' ^^p^°-

sives.

The compensation allowed to inspectors of petro-
leum, coal oil, and burning fluid, shall be as follows : ^^es of inspec-

' ' o ' tors.

For fifteen barrels and under, at the rate of twenty ord. June lo,
cents per barrel ; for over fifteen and under thirty ^^^'
Ijarrels, fifteen cents per barrel ; for over thirty and
under fifty barrels, ten cents per barrel; for over
fifty barrels, five cents per barrel.

Pilots.'

Statutes.

1. Appointment of pilots.

2. Board of Trade of Portland to appoint pilots of said city.
8. Their duty. Master may pilot his own vessel.

4. Fees, &c. ^

5. Liabilities of pilots.

.. 1 The governor, with advice of council, may appoint

oath and bond pilots for any port, in which a majority of the ship

of pilots. owners and masters apply in writing therefor and rec-
R. S. 1871, C.36, , . , , , . "

§1. commend suitable persons, and give to each of them

branches or warrants for the execution of the duties of
their office ; and they shall, before entering upon the
same, be duly sworn, and give bond to the treasurer of
State in the sum of five thousand dollars for the faithful
performance thereof.

2. By the provisions of "an act to incorporate the
Board of Trade Board of Trade of Portland," approved March twenty-
of Portland to gecQn(j^ eighteen hundred and fifty-four, power was given
for said city, to said board tq appoint such number of pilots for the
Act, 1854, c. 232, harbor of Portland, as they may deem necessary for
the safety and convenience of the commerce of said
port ; and also to fix such compensation for the services
to said pilots as said board may deem just and reasonable.
Their duty. ^* Such pilots are authorized and directed to take

charge of all vessels, drawing nine feet of water and
upwards, bound into, and of all such vessels, except coast-
ing and fishing vessels bound to sea out of any of said
Master may ports, and shall pilot them into or out of the port assigned
veeseii.^^ ^^" them, first showing to the master thereof their branch and
R. s, 1871, c. 36, informing him of their fees ; but any master may pilot
* ' his own vessel without being subject to pay therefor.

1 As to duties of pilots from infected places to anchor outside of the port.
SeeR. S., 1871, c. 14, §§ 18 and 21.

PILOTS. 343

4. The governor and council may fix the fees of pilot- Governor ami
age ; specify the same in the warrent of each pilot ; trans- council to fix
mit to each collector of customs in said ports a schedule complaints,
thereof, to be hung up by him for public inspection ; hear and suspend
and determine all complaints against such pilots for mis- nji^. § 3.
conduct, and suspend or remove them and appoint others

in their room.

5. If any vessel, while under the charge of such Liable for dam-
pilot, is lost, run aground, or cast away, through his their fault,
fault, he shall be liable to pay the owner or insurer a ibid. § 4.
just compensation for any damage thereby sustained.

Police.'

statutes.

1. Administration of police of city vested in mayor and

aldermen.

2. Cities authorized to establish police regulations.

3. Police officers authorized to act as constables in certain

cases.

4. Criminals and fugitives from justice may be arrested

without a warrant

5. Aid may be required by officer. Penalty for refusing.

6. Policemen, how appointed.

Ordinances.

1. City marshal to be appointed. To give bonds. To be

sworn.

2. Duties of city marshal. To carry into effect laws and

ordinances.

3. Duty to prosecute offenders. To lay before mayor and

aldermen a statement of prosecutions, &c. To render
to mayor and aldermen, annually, an account of moneys
received. To pay over once in three months. To
comply with rules and regulations.

4. Deputy marshals to be appointed. To act as captains of

city watch. Compensation.

5. Duties of deputy marshals. To assist the marshal. To

obey and execute orders of mayor and marshal.
To serve warrants and subpoenas. To obey rules, &c.

6. Deputy marshals invested with power, &c., of captains

of the watch. To assign to night police limits. To

• receive reports. In case of sickness or absence the
mayor to appoint a deputy marshal.

7. Policemen, how appointed. Compensation. Duties. To

arrest and commit to watch house, offenders. To obey
rules, &c. To obey orders of mayor or marshals. .

1 The relation of master and servant does not exist between a city and its
police olficers. A city is not liable for their negligent acts. Mitchell v,
Rockland, 52 Maine, 118. See Morgan v. Hallowell, 57 Maine, 375; 1 Allen,
172. As to temporary appointment by selectmen of towns, and that there is
no necessity of their being sworn, see 4 Gray, 34; 99 Mass., 592; 12 Metcalf,
233.

POLICE. 345

8. Watchmen may be appointed. Their duties. To be

subject to rules, &c.

9. Policemen and watchmen subject to be called upon for

extra services. Compensation.

10. Penalty for resisting police in discharge of duties.

11. Police uniform.

Statutes.

1. By section five of the charter of the city of Portland, Powersofmay-
the executive powers of said city generally, and the ^eno^er ^
administration of police and health departments, with all police.

the powers of selectmen, except as modified by the

charter, are vested in the mayor and aldermen. All

the powers of establishing watch and ward, vested by the

laws of the State in the justices of the peace and munic- PoUce.how

ipal officers or inhabitants of towns, are vested in the

mayor and aldermen, so far as relates to said city; Qty charter

and they are authorized to unite the watch and police ises, §5.

departments into one department and establish suitable

regulations for the government of the same. The officers

of police shall be one chief, to be styled the city marshal,

so many deputy marshals as the city council may by ordi- ^^^^^'P^^*-

nance prescribe, and so many watchmen and policemen as

the mayor and aldermen may from time to time, appoint.

2. Cities may establish such police regulations as they

, ■ . ^ . , Cities may es-

may deem necessary for the prevention of crime, the tabUsh police
protection of property, and the preservation of good regulations.
order, not inconsistent with the laws of the State. ^^ - . • .•

3. Police officers, duly appointed in any city, shall have pouce officers
all the powers of constables in all criminal matters, or power^o? con-
relating to the by-laws of their city. S?n matters!'''

4. The city marshal of Portland, or other persons R-^i87i,c.80,
legally qualified to execute criminal process within said criminals and
city, shall have power without warrant, to arrest and fugitives from
detain any person found in said city, upon information ^"^*'^^?'^^-t^
that such person has committed a crime in another State out a warrant.
or country, or in any city or town within this State, and is ^ct. 1853, c. 167,
a fugitive from justice or is about to escape, and the

person so arrested may be detained by such officers for a
reasonable time, until such person can be delivered into

.346 POLICE.

proper or legal custody on a warraDt or otherwise,
according to the nature of the case.

5. Any officer aforesaid, ^ in the execution of the duties
Aid may be re- ^^ ^^^ office in criminal cases, for the preservation of the
duii:ed by of- peace, for apprehending or securing any person for the
^^^^' breach thereof, or in case of the escape or rescue of per-

sons arrested on civil process, may require suitable aid
therein ; and any person, so required to aid, who neglects
or refuses so to do, shall forfeit to the use of the county

Penalty for re- *^

fusing. not less than three, nor more than fifty dollars ; and if he

U.S. 1871, c. 80, does not forthwith pay such fine, the court may punish

^^^' him by imprisonment not exceeding thirty days.

Police to be ap- 6. The city marshal, deputy marshals and policemen,

pointed by ^f ^^le city of Portland, shall hereafter be appointed by
Mayor with -^ .' . ^ ^ -^

advice and the mayor, by and with the advice and consent of the

consent of ai- aldermen, and shall hold office during good behavior,

' Private laws, subject, however, after a hearing, to removal at any

1878, c. 16. time by the mayor, by and with the advice and consent

^877^0^3^5 ^^ *^^ aldermen, for inefficiency or other cause. The

mayor may, for cause, suspend any policeman- from

duty, and such suspension shall continue in force till

the next meeting of the aldermen.

Ordinances.

CITY MARSHAL.

♦ City marshal to 1. The mayor, by and with the advice and consent

of the aldermen, shall in the month of March, annual-
al, appoint a city marshal, who shall hold his office
until another be appointed and qualified in his stead.

• To give bonds. And the clty marshal, before entering upon the duties
Rev.ord.*i855, ^^ ^^^ office, shall give bonds, with sureties to be

as amended by approved by the mayor and aldermen, in such sums
Rev. ord., 1868. ^s they may prescHbe, and shall be sworn to the

faithful performance of the duties of his office.
Duties of city 2. It shall be the duty of the city marshal, from

marsia. ^^^^ ^^ time, to pass through every street, alley,

^ A city is not liable for personal injury sustained by one while aiding police
ofllcer. Cobb u. Portland, 55 Maine, 381.

POLICE. 347

court, square, and public place of the city, to observe

nuisances, obstructions, or impediments therein, to'

the end that the same may be removed, according to

law ; to notice all ojffenses against the laws ; to be

vigilant and active in detecting any violation or breach

of any law or city ordinance, taking the names of the

oflenders, to the end that they may be prosecuted ; to

receive all complaints made for any breach of the

laws, and for that purpose shall attend daily at his to carry into

office, and at stated times. It shall be his duty to effect laws and

enforce and carry into effect, to the utmost of his Rev. ord. ises.

power, all and each of the city ordinances according

to the true intent and meaning of the same, and to

obey and execute all the commands and orders of the

mayor and aldermen.

3. It shall l)e the duty of the city marshal to pros-
ecute all offenders against the laws of the State and ^""^^ *2 T"^'

o cute offenders.

ordinances of the city, within* one week after detect-
ing or ascertaining the offence or offences by them
respectively committed ; to attend regularly and
punctually at all trials of offenders prosecuted in
behalf of the city, and to use all lawful means for
their effectual prosecution and final conviction; to lay
before the mayor and aldermen a correct statement to lay before
of all prosecutions by him instituted before the de^en^a
municipal court, within one week after their final statement of
determination. And it shall be his duty annually, &c.
to render to the mayor and aldermen an account of to render to
the names of all persons from whom he may have "g^j^^en "n-**
collected fines, and for what offence, and the sums so nuauy, an ac-
collected from each, during his term of office ; and as m^es re-
often as once in three months, he shall pay over to the ceiled-
city treasurer all monies which he may have received To pay over

•^ , "^ . once m three

belonging to the city ; and he shall further perform months.
all such other additional duties, and comply with all To comply with
such regulations as ma^^ at any time be prescribed to ^^o^,' ^^
him by the maj^or and aldermen. i^^^.

348 POLICE.

DEPUTY MARSHALS.

4. The mayor, by and with the advice and consent
shais tobeap- of the aldermen, shall in the month of March, annual-
pointed. ]y^ appoint two deputy marshals, who shall discharge
'^taint of Tity ^1^ ^^^ ^^ties of captains of the city watch, and they
watch. shall devote all their time to the discharge of the

Compensation ^^^^^^ ^f ^j^^-^, ^^^^ ^^^ ^j^ gj-^^|j ^^ entitled tO

Ibid, as amend- ^ . .

ed by city reccivc for their services such compensation as shall

be determined by the city council.

Duties of dep- 5. It shall be the duty of said deputy marshals to act

uty marshal s through the Week, Sundays included, as the day

police, to assist the marshal in the discharge of his

To obey and official dutlcs, to obey and execute all orders of the

execute or- mayor and the city marshal, to officiate for the city mar-

and marshal. ^^^^ ^^ ^^^ abseucc, to scrvc all warrants and subpoenas

To serve war- in Criminal matters which they may receive from the

rants and sub- • , it • • i ' j j t ,

pcEnas. ^^v marshal or municipal court, to endeavor to pre-

To obey rules, ycut all disturbances and violations of law, and to
j^jj^" arrest and detain for further proceedings every person

found by them violating any of the laws of the State,
or ordinances of the city, and they shall obey all rules
and regulations of the mayor and aldermen.
Deputy mar- ^* ^^^^ deputy marshals are hereby invested with

shais invested all the powcrs and authority of captains of the watch,
&c.,orcIp^' and they shall, every other night, by turns, discharge
tains of watch, the dutics of that office, and act throughout the night
as captain of the watch. The captain of the watch
To assign to ^^^^^ ®^^^ ^^^&^^ assigu to the night police their respec-
nightpouce tive limits, and be present at the office, at the hour
appointed by the mayor and aldermen for their dis-
To receive re- eharge, to receive their reports and discharge them
ports. from further duty, unless in his opinion, it shall be

expedient to continue the whole, or any number of
them, on duty through the night, which at any time*
he is authorized to do ; he shall also each night, unless
his attendance is required at the watch house, ascer-
tain by his personal investigation when practicable,

POLICE. 349

whether the policemen and watchmen are faithful in
the performance of their duties, and report the next
morning to the mayor the officer who shall be found
unfaithful. In case of sickness or inability of either "ess^oAb-*^
of the deputy marshals to perfoi-m the duties incumb- absence, the

, . mayor to ap-

ent on him, the mayor shall have authority to appoint point a deputy
another deputy marshal in his stead, so long as his j^^"^^^"
services may be required.

7. The mayor, by and with the advice and consent PoUcemen,how
of the aldermen, shall also appoint, from time to

time, such numbers of persons as they shall deem ex-
pedient, to constitute a police of the city, who shall
be placed on duty at such hours and ser\^e for such compensation.
time as the mayor and aldermen shall determine ; and
they shall be entitled to such compensation for their
services as the city council shall determine. It shall ^"*^®^-
be incumbent on the police, during the hours they ^o arrest and
shall be on duty, to patrol constantly throughout their commit to
respective limits, to endeavor to prevent all violations offenders.
of law, and ari'est and commit to the watch house all to obey rules,
persons found by them violating any of the laws of *^-
this State, or ordinances of the city ; they shall obey To obey orders
all rules and regulations established by the mayor and ^* ™ayor, &c.
aldermen, and the orders of the mayor, marshal, or n>id. as amend-
deputy marshals, and shall be subject to removal by charter.
the mayor, whenever in his opinion it shall be deemed
expedient.

8. The mayor, by and with the advice and consent watchmen may
of the aldermen may, from time to time, appoint such Theu^duiTes.
number of watchmen as they may deem expedient, To be subject
who shall be sworn and shall perform such duties and ^^^ ^^^ ^^^
be subject to such rules and regulations as are or may as amended by
be established by the mayor and aldermen. poUcemeTand

9. Said policemen and watchmen shall at all times, watchmen
either by day or by night, be subject to be called upon ^ueTup^on
by the mayor or city marshal, to assist in quellino^ any *or extra

services.

duties.
Ibid.

350 . POLICE.

riot or disturbance, or arresting any offenders, or to

Compensation, perform any other duties of policemen that may be

Ibid. required of them, for all which extra services they

shall be paid such compensation as the city council

shall determined

Penalty for 10. If any pcrsou shall resist the police in thedis-

resisti^ po- charge of their duty, or any member thereof, he shall

charge of pay a fine of not less than ten nor more than fifty

dollars for each and every oflTence ; and if any person

shall neglect or refuse to aid and assist the police, or

any member thereof, when called upon so to do, he

shall forfeit and pay not less than five nor more than

twenty dollars.

POLICE UNIFORM.

Uniform of 11. Ordered, That the dress of the oflScers and

of ma'yoraM ^lembcrs of the Portland Police Department, when
aldermen. ou duty, shall be in conformity to the schedule
Rev!ord.^i868. described as follows :

City marshal to wear blue dress coat with police
buttons, black pantaloons, merino vest, black hat with
gold star in a rosette oi» the same.

Deputy marshals to wear blue frock coat with
police buttons, dark blue pantaloons, blue cloth cap
with glazed covering. This dress to be dispensed
with on detective duty.

Police to wear dark blue frock coat, dark blue
pants, black silk or satin vest. In spring and fall,
black cloth vest. In winter, single breasted, made
to button up to the top, except a loop across the top
under the chin ; black silk or satin neck stock. The
buttons on the frock coat to be worn in the usual
manner, and the usual number, and to be fastened
with a ring through the eye, so that the same can be
removed and their places supplied by buttons of a
diflferent pattern, when the officer is permitted to lay

1 9 Gray, 78.

POLICE. 351

aside his uniform, or when he leaves the department ;
bhie cloth cap of uniform style and shape, made with
glazed covers.

Marshal, deputy marshals and policemen shall wear
dark blue overcoats, cut in uiiifonn style, single or
double breasted as the marshal shall decide, and'' of
the same shade of color, and supplied with the police
buttons, to be worn in the same manner as the buttons
to be worn on the frock coat, at such seasons of the
year as the marshal may direct.

On public occasions, so much of the police uniform
shall be worn as the marshal may direct or determine.

Nothing in the adoption of the uniform dress, shall
prevent the city marshal from ordering such dress for
officers detailed for special duty, as he may think
proper.

Public Buildings,

Committee on
public build-
ings to be
appointed.

Rev. Ord. 1868.

To have care
and custody
of public
buildings,
except, Ac.

Ibid.

Proviso.

10.

11.

12.

Committee on public buildings to be appointed.

To have care and custody of public buildings, except, &c.,

Proviso.
To lease buildings belonging to city, subject, &c.
Committee to prepare plans, &c., of buildings to be erected,

repaired, &c.
To publish notice of time and place for exhibition of same.
Proposals for work to be sealed. How opened. Not to be

disclosed till contract is made. Proviso.
Contracts exceeding $500 to be in writing, and signed by

the mayor. Not to be altered, unless, &c.
Expenditure not to exceed appropriations.
Purchasers of land for erecting buildings, to be made under

direction of committee.
No building or land appurtenant to be sold without an

order from city council.
Kepairs, &c., to be done under committee on public build-
ings.
Lease of city building and contract Feb'y 1, 1858.

1. There shall be appointed, annually, a joint
committee of the city council, to be called the com-
mittee on public buildings, to consist of two members
of the board of mayor and aldermen, and three mem-
bers of the common council.

2. The said committee shall have the care and
custody of all buildings belonging to the city, and of.
the erection, alteration and repair thereof, except as
is otherwise provided in this and other ordinances of
the city, and subject to such rules, orders and regula-
tions as the city council may from time to time adopt :
Provided y that the school committee shall have the
care and custody of the school houses belonging to
the city.

PUBLIC BUILDINGS. 353

3. The said committee are authorized to lease any to lease buiw-
building belongipg to the city, which is not otherwise J^^^f^\'J^^^
appropriated, for any period not exceeding three subject, &c.
years, and upon such terms and conditions as they ^^^^•

may deem expedient, subject, however, to the appro-
val of the mayor and aldermen ; and in such case the
lease shall be signed and executed by the city
treasurer.

4. Whenever any building for the use of the city committee to

'^ • <=> " prepare plans,

shall be erected, altered, or repaired, the expense of &c.of buiw-
which may exceed the sum of five hundred dollars, erected^
it shall l)e the duty of the committee that may have repaired, &c.
charge of the same, to prepare or cause to be ^^*^*
prepared the requisite plans and specifications of the
work to be done.

5. The said committee shall give notice in the to pubush no-
newspapers in which the ordinances of the city are ^^^ piace^for
published, of thfe time and place of the exhibition of exhibition of

11 -t 'c* • 1 X same.

«uch plans and specifications as may be necessary to ^^.^
enable contractors to make their estimate of the
proposed work.

6. No proposal shall be received by the said com- proposals for
mittee, from any person ofiering to contract for such ^aied*"^®
work, unless the same is sealed, and no proposal shall how opened,
be opened except in committee actually assembled,

and the contents of no proposal shall be made known ^^^osed^iif ^
to any person not a member of the committee, until contract is
after a contract shall have been made, provided, always, ™*
that if any such proposals shall be offered by persons
who, in the judgment of said committee, shall be
incompetent to perform their contracts in a workman- Proviso.
like manner, or irresponsible in respect to their means
of faithfully executing the same, the said committee
may in their discretion reject any such proposal, not-
withstanding the same be at a lower rate than other
proposals offered for the same work.

354 PUBLIC BUILDINGS.

Contract 7. In all cases where the amount of any contract

exceeding ^Yiall exceed the sum of five hundred dollars, the

$500 to be in

^vriting, and contract shall be in writing, and signed by the mayor
signed by ^^ ^^^q part of the city, and after being signed by the
parties, no such contract shall be altered in any partic-
ular, unless a majority of the said committee shall
Not to be siofnify their assent thereto, in writino^, under their

altered o «/ ' o'

unless, '&c. respective signatures, indorsed on the said contract.

^^^^- 8. The amount of expenditures for the foregoing

Expenditures purposcs, ill any One year, shall never exceed the
appropria^^*^ appropriations made by the city council for the same,
tions. and no expenditure exceeding two hundred dollars

^^^' shall ever be made in the alteration or repair of any

building, without an express vote of the city council
authorizing the same.

Purchases 9. Whenever the city council shall order the pur-

erectingbuiid- chasc of land, for the purpose of erecting any build-
made under ino^ thereon, such purchase shall be made under the

direction of ^^ ^ ^

committee. direction of the said committee on public buildings.

Nobuiidin ^^* ^^ building, or land appurtenant thereto, shall

w?thou^Vrder ^^ ^^^^ ^7 ^^Y committcc of the city council without

of city council. ^^ order from the city council authorizing such sale.

11. All repairs, alterations or enlargements of any
bTd(me under ^^ ^^^ public buildiugs belonging to the city, necessary
committee on or requiring to be made, shall be done under the
ings. direction of the joint standing committee on public

(^d.Feb.9, buildings, and no bill shall be allowed or paid by the
city for any labor or materials used in repairs upon
any building belonging to the city, unless the same
shall have been approved by said committee.^

12. Lease from Cumberland county to city of
Portland of City Building for nine hundred ninety^
nine years ^ from February 1st, 1858.

Whereas, the city of Portland, in the State of
Maine, and the county of Cumberland, in said State,

1 See title " Contracts and Expenditures."

PUBLIC BUILDINGS. 355

by the court of county commissioners, have negotiated
respecting the leasing to said city, of the lot of land
belonging to said county, situated on the northerly
side of Congress street in said Portland, bounded by
Myrtle street on the east, and the land of Nicholas
Emery and others on the west, and by land of N. D.
Appleton and others, on the north, together with the
buildings now thereon. And the said county has
agreed to grant, and the said city to accept, a lease of
said lot and buildings, upon the terms, agreements,
covenants and conditions, hereinafter in this instru-
ment set forth. And whereas, the Committee on
Public Buildings, appointed by the city council of
said city, were by said order of said council, passed
January 29th, 1858, duly authorized to close a con-
tract with said county for a perpetual lease of the
lot of land aforesaid, for the purpose of erecting
thereon buildings for the use of said city. And
whereas, said city has procured an architectural
plan of such a building and improvements, as they
wish and propose to erect and put upon said lot,
subject however to such changes as may be finally
proposed and agreed upon by and between said
parties.

Now this indenture, made this thirty-first day of
March in the year eighteen hundred and fifty-eight,
between the county of Cumberland aforesaid, on the
one part and the city of Portland aforesaid, on the
other part, Witnesseth : That, in consideration of
the premises, and of the terms, covenants and condi-
tions, hereinafter contained, to be paid, done and
performed by said city ; the said county of Cumber-
land doth hereby demise and lease to the city of Port-
land aforesaid, the lot of land above described belong-
ing to said county, situated on the northerly side of

356 PUBLIC BUILDINGS.

Congress street in said Portland from Myrtle street
westerly to Nicholas Emery's land, being one hmidred
and fifty-six feet more or less, on Congress street,
and, extending northerly about two hundred and ^ixty-
five feet to land of Appleton and others, together with
all the buildings thereon, belonging to said county.
To have and to hold the same, with all and singu-
lar, the estate, rights, privileges and appurtenances
thereto belonging to the said city, for and during the
full term of nine hundred and ninety-nine years from the
first day of February in the year of our Lord eighteen
hundred and fifty-eight, reserving thereupon, a yearly
rent of one dollar a year, payable to said county on
demand by them, at the end of each year and not
otherwise. This lease is made and adopted upon the
following further terms, covenants and agreements,
that is to say :

First. The said lessees are hereby authorized to
remove any and all buildings now on the premises,
and use the materials thereof, provided however, that
the gaol, the keeper's house and appurtenant build-
ings now used for the accommodation of the gaol and
keepers, are to remain unaltered until the new gaol
and the keeper's apartments therein are ready for
occupation, and the prisoners and the keeper shall
have removed thereto.

Second. That said city shall furnish apartments
and accommodations for the business of the county,
either by altering and remodeling the present Court
House, or by erecting a new one ; that is to sa}^ said
city in said new or altered buildings, shall provide
and furnish to the approval of the county commis-
sioners, a court room for the Supreme Court, a Grand
Jury room, two rooms for the Traverse Juries, a fire

PUBLIC BUILDINGS. 357

proof library room and adjoining lobby and entrance
to lobby, two rooms for the Clerk of the Courts, a
room for the County Commissioners' Court, fire proof
rooms for the records of the Clerk of the Courts, for
the Register of Deeds and for those of the Probate
Court, a Court room for the Probate Court, and
another with lobbies for the jMunicipal Court, a fire
proof apartment or safe for the County Treasurer ;
and offices for the County Treasurer, County Attor-
ney and Sheriff, w^ith such additional room as may
be necessar}' and all according to the standard* in
similar buildings of modem construction.

Third. Said city shall, during the continuance of
this lease, keep said buildings and the various rooms .
and apartments above described in good repair, and
continue to furnish such conveniencies and accommo-
dations from time to time, as may be necessary and
proper, for the use of said county, free of any charge
or expense to said county.

Fourth, Said city shall not erect any other build-
ings upon said lot, but such as are indicated in the
plan to be finally agreed upon and adopted, except to
enlarge their accommodations for public use, by addi-
tions to said building described on said plan, without
the written assent of the County Commissioners for
the time being, or of the persons who may then be
acting as the agents or representatives of said county.

Fifth. The said lessees are hereby authorized to
sell or otherwise dispose of, alter, amend and repair,
or take down and remove, any of the buildings on
said lot, subject to the reservation in the fourth
article and to use the materials thereof in ^uch new
buildings as they may erect, but if they take down
the present Court House, or in altering the same,
shall disturb or prevent the proper occupation of that
building by the courts and officers now using it, they
shall furnish free of expense to the county such

358 PUBLIC BUILDINGS.

accommodation as may be suitable and necessary for
the use of the county.

Sixth. The said lessees hereby covenant, that they
will well and truly perform and keep, all and singular,
tt^e covenants and agreements in this lease contained ;
and if at any time hereafter, during the continuance
of this lease, said lessees shall neglect to repair said
court house on due notice and request l)y the commis-
sioners or agents of said county, or shall fail to fur-
nish such accommodations and conveniencies as this
instrument prescribes and requires ; said city shall
forfeit to the said county, the sum of fifty thousand
dollars, and such further sum as the said county may
be subjected to in making the necessary repairs, or
furnishinof the accommodations and conveniences
deemed necessary and proper.

/Seventh. And should, at any time hereafter, any
question arise, as to the proper construction of this
instrument, or of the terms, covenants and conditions
thereof, such disagreement shall be referred to, and
determined by three impartial, intelligent and disin-
terested men, one of whom shall be a judge of the
Supreme Judicial Court of Massachusetts ; and in case
the parties cannot agree upon the other two, they
shall be appointed by the person above designated,
and the final award and determination of these arbi-
trators, to be made in writing to the parties, shall
be final and conclusive upon them.

In testimony whereof, the said county of Cumber-
land by the county commissioners thereof, on the one
part, and the Committee on Public Buildings of the
city of Portland, each being duly authorized and
qualified therefor, have set their names respectively,
and caused the corporate seals of said county and
city to be affixed hereunto in duplicate.^

' 2 This contract and lease is on file in tiie treasurei*'s office.

Public Parks and Squares/

Statutes.

1. When muncipal officers may take land for public parks,

2. Duty of municipal officers.

3. Appeal.

Ordinance.
1. Removing gravel, &c.

Statutes.

1. Any town or city, containing more than one thou-
sand inhabitants, npon petition in writing signed by at pai officers
least thirty of the citizens thereof, who are tax payers, may take land
directed to the municipal officers, describing the land to ^^^^ ^
be taken as herein provided, and the names of the owners issi, c. 76, § i.
thereof, so far as they are known, at a legal meeting of

such town, or of the mayor, aldermen -and city council of
such city, may direct the municipal oflScers of such town
or city to take suitable lands for public parks or squares ;
and thereupon such municipal officers shall have power
and authority to take such lands for such purpose, but
such land shall not be taken without the consent of the
owner, if at the time of filing such petition with such
municipal oflScers, or in the oflSce of the clerk of such
town or city, such land is occupied by a dwelling-house
wherein the owner thereof or his family reside.

2. Whenever the municipal officers of such town or city
shall be directed to take land as provided by section one of

this act, they shall, within ten days thereafter, give writ- putrof muni
ten notice of their intention to take such land, describing cipai officers,
the land to l>e taken, and the time and place of hearing, ibid. §2.

1 For establishment of Lincoln Park in 1861 and '^7, see City Records, vol.
U, pp. 292, 297, 304, 323, 333, 367, 412, 415, 424, 446. Lincoln Park contains
about two and one -half acres.

For the records in the matter of "Deering's Oaks," a park of about fifty
acres, see order of city council of Sept. 27, 1879, vol. 20, p. 82 ; and records
and plans In city engineer's office.

360 PUBLIC PARKS AND SQUARES.

by posting the same in two public places in the town
where the land lies, and in the vicinity of such land, and
by publishing the same in some newspaper printed in such
town or city, seven days before the day of such hearing,
and if no newspaper is printed in such town or city
such notice shall be given in some newspaper printed
in the county where the land lies, three weeks succes-
sively, the last publication to be seven days before such
hearing. The municipal officers shall meet at the time
and place specified in the notice, view the land to be
taken, hear all parties interested, and if they decide that
the land is suitable for the purpose for which it is to be
taken, they shall take the same and estimate the damages
to be paid to each person owning the same, or interested
therein, so far as they are known to said municipal offi-
cers, and shall make return of their doings in writing,
signed by them or a majority of them, which return shall
describe by metes and bounds the lands so taken, and
shall state the purpose for which it is taken, the
names of the owners, so far as they are known, and the
amount of damages awarded to each, which return shall
be filed and recorded in the clerk's office of such town or
city, and a copy thereof, certified by such clerk, shall be
recorded in the registry of deeds for said county.

3. Any person aggrieved by the estimate of damages
may appeal therefrom by filing, within thirty days, in the
office of the county commissioners for the county where
the land is taken, a petition in writing, signed by the
party aggrieved, his agent or attorney, describing the
land taken, the interest of tjie petitioner therein, the
amount of damages awarded therefor, and claiming an
appeal to the county commissioners from the estimate of
the municipal officers. A certified copy of such petition
shall be served upon such municipal officers, by leaving
the same in the clerk's office of such town or city, at
least fourteen days before the hearing thereon ; and the
subsequent proceedmgs relating to the hearing upon such
petition and damages shall be the same as now provided
respecting highways. When such damages shall be finally

Appeal, § 3.

PUBLIC PARKS AND SQUARES. 361

determined, they shall be certified to the clerk of such city
or town, and paid by the treasurer thereof.

Ordinance.
No person shall remove any gravel, soil or material
from any portion of the western promenade, the Removing
cemeteries, or any other public grounds within the (^d?^9*Autr
city, without the consent of the mayor expressly 3o.
given therefor. Any person violating this ordinance,
shall be subject to a penalty of fifty dollars.

Railroads/

statutes.

1. Atlantic and St. Lawrence Railroad Co., City of Portland

to aid in construction. Act of 1848. 20 sections.

2. Atlantic and St. Lawrence Railroad Co., City of Portland

to aid in construction. Act of 1850. 25 sections.

3. Atlantic and St. Lawrence Railroad Co., City of Portlard

to aid in construction. Act of 1852. 7 sections,

4. Atlantic and St. Lawrence Railroad Co., City of Portland

to aid in construction. Act of 1853. 7 sections.

5. Atlantic and St. Lawrence Railroad Co., City of Portland

to aid in construction ; respecting loans of credit. Act
of 1868. 8 sections.

6. Portland and Ogdensburg Railroad, City to aid. 18 sec-

tions.

7. Portland and Forest Avenue Railroad, charter, 15 sections.
8'. Portland and Forest Avenue Railroad, amendment. 5 sec-
tions.

GEXERAL RAILROAD ENACTMENTS.

9. City has power to sell its interest in any railroad.

10. Any stockholder may call for a stock vote.

11. Towns may aid in constructing railroad, extent of aid.

12. Towns may erect gates at railway crossings.

13. Taxation of railroads, buildings, &c. Act of 1881.

14. Excise tax to State treasurer.

15. Tax, how ascertained.

16. Governor and council to determine amount.

17. When payable.

18. Proceedings for abatement.

19. Duty of railroad commissioners.

20. Inconsistent acts repealed.

21. Railroad Company may construct side tracks to a mill, &c.

22. Crossing of a railroad or canal by a railroad.

23. Paupers brought into State by a railroad.

24. When a city or town is entitled to a director.

25. City of Portland authorized to sell its interest in certain

railroads.

ORDERS AND ORDINANCES.

1. Portland and Forest Avenue Railroad, — street railway,
location. Order.

1 For General Railroad Laws, see R. S., 1871, c. 51.

The interest of the city in the Portland and Rochester Railroad having
been sold in 1879, all legislation on that subject is omitted from this book.

RAILROADS. 363

2. Portland and Forest Avenue RaUroad Route, turn outs.

Order.

3. Portland and Forest Avenue Railroad, tracks, grades and

curves. Order.

4. Portland and Forest Avenue Railroad, construction of

tracks, rules, &c. Order.

5. Portland and Forest Avenue Railroad, additional location.

Order.

6. Portland and Forest Avenue Railroad, obstructions. Or-

dinance.

AGREEMENT.

Atlantic and St. Lawrence Railroad Co., Agreement with
city of October 31, 1868.

Statutes.

ACT AUTHORIZING THE CITY OF PORTLAND TO AID THE
CONSTRUCTION OF THE ATLANTIC AND

ST. LAWRENCE RAILROAD.^ Private laws

Sec. 1. The city of Portland is hereby authorized to city of Port-
loan its credit to the Atlantic and St. Lawrence Railroad ized to loan its
Company in aid of the construction of their railroad, A^tianticand
subject to the following terms and conditions. Railroad Co^

Sec. 2. This act shall not take effect, unless it shall be This act to be

accepted by the directors of said railroad company, and thrcUrectors

by the vote of the inhabitants of said city, voting in of said com-

ward meetings, duly called, according to law; and at L^'Tv^'ll^^

, c ' fjje innabl-

least two-thirds of the votes cast at such ward meetings tants of said
shall be necessary for the acceptance of the act. The ^^^•
returns of such ward meetings shall be made to the
aldermen of the city, and by them counted and declared,
and the city clerk shall make record thereof.

Sec. 3. Upon the acceptance of the act as aforesaid, the Citj- treasurer
city treasurer is authorized to make and issue from time authorized to
to time, for the purposes contemplated in this act, the issue the scrip
scrip of said city, in convenient and suitable sums, pay- o'^hecity.
able to the holder thereof, on a term of time not less than
twenty, nor more than thirty years, with coupons for

' For charter and amendatory laws and effect of same, see also Private
Laws 1845, c. 195; 184(5, c. 310; 1850, c. 304; 1850, c. 335; 1851, c. 431; 1853,
c. 14;ia53, c. 41; 1853, c. 150; 1S53, c. 178; 1853, c. 195; 1869, c. 84. Whit-
ney V. Atlantic & St. Lawrence Railroad Co., 44 Maine, 362; P. S. & P. R. R.
Co., V. G. & Tr. R. Co., 63 Maine, 269. Mortgages of said railroad company to
the city recorded in city clerk's office, vol. 7, p. 76; and Cum. Reg. of Deeds
B. 226, p. 562; and citj- clerk's office, vol. 7, p. 475; and Cum. Reg. of Deeds
B. 243, p. 225.

364

RAILROADS.

When $550,000
have been re-
ceived from
assessments
and expended
on said road,
the city treas-
urer author-
ized to deliver
the directors'
scrip to the
amount of
$200,000.

When $300,000
more may be
delivered.

When further
portions may
be delivered.

Whole amount
not to exceed
$1,000,000.

Certain pre-
requisites to
be complied
with.

Bate of scrip.

Proceeds
applied exclu-
sively to the
construction
«f_said road,
&c.

interest attached, payable semi-annually, or yearly, as
may be agreed:

Sec. 4. When the railroad company shall have received
from assessments upon the shares of the private stock-
holders therein, and shall have expended upon the con-
struction of the road, and its necessary equipment, the
sum' of five hundred and fifty thousand dollars, the city
treasurer shall then deliver to the directors of the company,
the scrip aforesaid to the amount of two hundred thousand
dollars. When the company shall have expended that
sum in the further construction and equipment of the
road, and shall have received from the assessments
upon the shares of private stockholders, the furthei''
amount of one hundred thousand dollars the city treasurer
shall deliver of the scrip a further amoupt of three hundred
thousand dollars.

Sec. 5. When the company shall have expended in
the further construction and equipment of the road at
least one-half the proceeds of the scrip last named,
further portions of the scrip shall be from time to time
delivered thereafter, in such amounts and proportions,
that the aggregate of all the scrip delivered shall at no
time exceed the whole amount of the assessments paid in
and expended. But the whole amount of the scrip to be
issued and delivered shall never exceed one million of
dollars.

Sec. 6. Before the delivery of any of the scrip, in any
of the cases provided in the preceding sections, the directors
of the company shall furnish satisfactory evidence to the
mayor and aldermen of the city, that all the pre-requisites
therein prescribed in the several cases have been respec-
tively complied with, and shall file with the city treasurer
a certifiate of such compliance, signed by the president
and treasurer of the company, to which certificate they
shall severally make oath. In all cases, the scrip shall
bear date from the delivery thereof, and the proceeds
thereof shall be applied by the directors of the company,
exclusively to the construction and necessary furniture
and equipment of the Atlantic and St. Lawrence railroad.

Sec. 7. Upon the delivery of each and every portion of
the scrip aforesaid, the directors shall execute and deliver

RAILROADS. 365

to the city treasurer, the bond of the company, in an equal Bond to be
amount, payable to the city, conditioned that the company ^^.'"o^^eij^.
will duly pay the interest on said scrip, and will provide for ery of scrip,
the reimbursement of the principal thereof, and hold the
city harmless on account of the issue of the same, accord-
ing to the provisions of this act.

. Sec. 8. The directors shall also transfer to the city, Collateral
upon the delivery of any portion of the scrip as aforesaid, ^^^^^'y-
an equal amount in the shares of the company, to be held as
collateral security for the bond of the company, required
to be given in such case. And the shares so held as
collateral shall be credited on the stock books of the
company as fully paid up, and no assessments shall ever
be required thereon, nor shall any dividends be paid on
the same, nor any right of acting or voting at the meet-
ings of the company be claimed or exercised by reason of
said shares, so long as the same shall be held as collateral
as aforesaid.

Sec. 9. From and after the issue and delivery to the
directors of any portion of the scrip aforesaid, the city ^^^e^'^'^^ori*^"
shall have a lien upon the said railroad, and upon all the for said bond,
property and franchise of the company, to secure the
performance of the conditions of all the bonds of the
company executed and delivered under the provisions of
this act.

Sec. 10. For the purpose of providing for the reim-
bursement of the principal of the scrip, authorized to be sinking fund,
issued by this act, there shall be established a sinking
fund, and commissioners shall be appointed to manage
the same. One of said commissioners shall be appointed
by the mayor and aldermen of the city, and one by the
directors of the company, and in case of a vacancy in commissioners
the place of either, the same shall be supplied by the
mayor and aldermen, or by the directors, respectively.
Both of said commissioners shall be appointed, and quali-
fied before the delivery to the directors of any of the
scrip. The commissioners shall severally be sworn to
the faithful discharge of the duties enjoined upon them
by this act, in presence of the city clerk, who shall make
a certificate and record thereof, as in the case of the
qualification of city oflScers. Each of the commissioners

366

RAILROADS.

Compensatioii.

Sinking fund,
how con-
stituted.

Duty of com-
missioners.

Treasurer.

Moneysbelong-
ing to said

.fund, liow
invested.

shall give a bond to the city, with satisfactory sureties, in
the penal sum of ten thousand dolhirs, conditioned for
the faithful discharge of his duty as commissioner. They
shall receive such compensation as may be established by
the directors, which shall be paid to them by the com-
pany, and shall not be diminished during their continuance
in office.

Sec. 11. Whenever the directors shall receive any por-
tion of the scrip, authorized as aforesaid to be delivered
to them, they shall pay to the city treasurer, two per
cent, of the amount of the scrip so delivered, which
amount shall be, by the city treasurer, placed to the
credit of the commissioners of the sinking fund, and
shall constitute a part of said fund. The directors shall
also, annually, in the month of April, pay to the city treas-
urer, from the income of the road, one per cent, of the
whole amount of scrip which shall have been, before that
time, issued and delivered, and shall be then outstanding ;
but after the expiration of live years from the time of the
delivery and the receipt of the first portion of scrip as
aforesaid, the said annual payments from the income of
the road shall be increased to one and a half per cent, of
the amount of the scrip, then outstanding as aforesaid, and
the said annual payments of one per cent, for five years,
and one and a half per cent, annually thereafter, shall be
successively placed to the credit of the commissioners of
the sinking fund, and shall constitute a part of said fund.

Sec. 12. The commi^ioners shall have the care and
management of all the moneys and securities at any time
belonging to said fund ; but the moneys uninvested, and
the securities, shall be in custody of the city treasurer, who
shall be, by vii'tue of his office, treasurer of the sinking-
fund, and shall be responsible, on his official bond to the
city, for the safe keeping of the moneys and securities of
the fund. He shall pay out and deliver any of the said,
moneys and securities only upon the warrant of the
commissioners. '

Sec. 13. The commissioners shall from time to time,
at their discretion, invest the moneys on hand, securely,
so that they shall be productive, and the same may be
loaned on mortgage of real estate, or to any county, or

BAILROADS. 367

upon pledge of the securities of any county in this State,
or invested in the stock of this vState, or of the United
States, or in the stock of any railroad company in New
England, whose road is completed, and whose capital has
been wholly paid in. Any portion of the fund may be
invested in the city scrip authorized by this act, and such
scrip shall not thereby be extinguished, but shall be held
by the commissioners, like their other investments, for
the purposes of the fund. An amount not exceeding ten
per cent, of the fund may be loaned on pledge of the
stock of any bank, or of any stock insurance company in
this State. And the commissioners may from time to
time sell and transfer any of said securities. To be reserved

Sec. 14. The sinking fund, and all the sums which for the re-
shall be added thereto by accumulation upon the invest- ^™^rinci**ai
ments thereof, shall be reserved and kept inviolate for the of said scrip,
redemption and reimbursement of the principal of said
scrip at the maturity thereof, and shall be applied thereto
by the commissioners.

Sec. 15. Any of the shares in the stock of the rail- When the
road company, held by the city as collateral, may be sold collateral may
and transferred by direction of the commissioners of the be sold or
sinking fund, with the consent of the directors of the rail-
road company, whenever an exchange thereof can be
advantageously made for any of the city scrip, authorized
by this act, or whenever the said scrip can be advanta-
geously purchased with the proceeds of any such sale of
such collateral shares. And the scrip so purchased or
taken in exchange, shall be thereupon cancelled and
extinguished, and the amount thereof shall be endorsed
on the respective bonds of the railroad company given on
the issue and delivery of such scrip. But no part of the
sinking fund, or of its accumulations, shall be applied
at any time or in any manner to the redemption and
extinguishment of the scrip before maturity thereof. "au to^*T*

Sec. 16. If the directors of the railroad company into the sink-
shall, at any time, fail to pay to the city treasurer, for J^nte^'^orin-
the sinking fund, the amount aforesaid of one per cent, come of road.
or of one and a half per cent, required to be paid into the Commissioners
sinking fund, out of the income of the road, the commis- ^i^'co'i^t^rai
sioners are authorized, at their discretion, upon such shares.

368

EAILROADS.

Conveyances
and transfers.

Commissioners
to keep a
record of
proceedings.

Annual report.

Power of
supreme judi-
cial court, on
complaint
against said
commission-
ers.

If sinking fund
at any time
exceed the
amount of
scrip unre-
deemed.

notice to the company as they shall deem suitable, to sell
so many of such collateral shares as may be necessary to
produce the amount of such deficiency,. and the proceeds
of such sale shall thereupon be paid into the sinking fund,
and shall be applied to the purposes thereof. And all
conveyances and transfers of such collateral shares shall
be made by the city treasurer, under the direction of the
commissioners of the fund in pursuance of the provisions
of this act.

Sec. 17. The commissioners shall keep a true record
of all their proceedings and an account of all the sums
paid into the fund, and of the investments made of the
same, and shall, annually, in the month of July, report to
the mayor and aldermen, and to the directors of the rail-
road company, their proceedings for the year, the amount
and condition of the fund, and* the income of the several
parts thereof. And their records, and the accounts of
the fund, and the securities belonging thereto^ shall at all
times be open to inspection by such committee as may be
appointed for that purpose by the mayor and aldermen,
or by the directors of the company.

Sec. 18. To secure the faithful discharge of the sev-
eral trusts confided to the said commissioners under this
act, the supreme judicial court is hereby empowered, upon
the complaint of the mayor and aldermen, or of the
directors of the railroad company, against the said com-
missioners, or either of them, concerning any of said
trusts and duties, by summary process according to the
course of proceedings in equity, to hear and adjudge
upon the matter of such complaint, and to issue thereon,
any suitable writ or process, and make any proper decree
to compel the appropriate discharge and performance of
such trusts and duties, and to remove the said commis-
sioners, or either of them ; and in case of such removal,
the vacancy shall be immediately supplied, as provided in
the tenth section of this act. «

Sec. 19. If the said sinking fund with its accumula-
tions, shall at any time exceed the amount of the scrip
unredeemed and outstanding, all such excess shall be
annually paid over to the railroad company ; and if any
surplus of the fund shall remain after the redemption and

EAILROADS. 369

reimbursement of all the scrip, such surplus shall be paid
over to the company.

Sec. 20. This act shall take effect and be in force, ^^^^1.*^^^^
from and after its approval by the governor, so far as to
empower the directors of the railroad company, and the
inhabitants of the city to act upon the question of accept-
ing the same, as provided in the second section of this act. \
And the several ward meetings of the inhabitants for that
purpose, shall be called and holden within thirty days
after such approval. And if the act shall be accepted as
aforesaid, then after such acceptance, and record thereof,
all the parts of the act shall take effect and be in full
force. 3

ACT AUTHORIZING THE CITY OF PORTLAND TO GRANT

FURTHER AID IN THE CONSTRUCTION OF THE

ATLANTIC AND ST. LAWRENCE RAILROAD.

Sec. 1. The city of Portland is hereby authorized to Private laws
make a further loan of its credit to the Atlantic and St. 1850, c. 335.
Lawrence Railroad Company, in aid of the construction ^/^^^'^^^
of their railroad — subject to the following terms and izedtoioan
conditions. "^«^^^-

Sec. 2. This act shall not take effect, unless it shall be Act when to
accepted by the directors of said railroad company, and take effect.
by the vote of the inhabitants of said city, voting in ward
meetings duly called according to law ; and at least two-
thirds of the whole number of votes cast at such ward
meetings shall be necessary for the acceptance of the act.
The returns of such ward meetings shall be made to the
aldermen of the city, and they shall count and declare
the votes returned, and the city clerk shall make record
thereof.

Sec. 3. Upon the acceptance of the act as aforesaid,
the city treasurer is authorized to make and issue from Scrip to be
time to time, for the purposes contemplated in this act,
the scrip of said city, in convenient and suitable sums
payable to the holder thereof, on a term of time not less
than twenty nor more than thirty years, with coupons for
interest attached, payable semi-annually or yearly.

» Accepted August 16, 1848. See city records, voL 4, page 50.

370

RAILROADS.

Amount not to
exceed

$500,000.

Date of scrip
and how
applied.

Bond of the
company to he
given for the
scrip.

Security to be
given if
required.

City not to be
considered a
stockholder.

Sec. 4. The whole amount of the scrip to be issued
and delivered under this act, shall not exceed five hun-
dred thousand dollars, and the same shall be delivered
by the city treasurer to the directors of the railroad
company from time to time as may be required, subject
to the several provisions of this act. In all cases the
scrip shall bear date from the delivery thereof, and the
proceeds of the same shall be applied by the directors of
the company, exclusively to the construction and neces-
sary furniture and equipment of the Atlantic and St.
Lawrence railroad.

Sec. 5. Upon the delivery of each and every portion
of the scrip aforesaid, the directors shall execute and
deliver to the city treasurer, for the city, the bond of
the company in an equal amount, payable to the city,
conditioned that the company will duly pay the interest
on said scrip, and will provide for the reimbursement of
the principal thereof, and hold the city harmless on
account of the issue of the same, according to the pro-
visions of this act.

Sec. 6. The directors shall also, if required by the
mayor and aldermen of the city, transfer to the city,
upon the delivery of any portion of the scrip as aforesaid,
an equal amount in the shares of the company, to be held
as security for the faithful performance of all the obliga-
tions of the company mentioned in the preceding section,
and the certificate of such shares shall be delivered to the
city treasurer. The shares so transferred shall be cred-
ited in the stock books of the company as fully paid up.
But the city shall not be taken and held as a stockholder
in the company by reason of the transfer of shares for
the purposes aforesaid, under the provisions of this act,
or of an act passed August first, one thousand eight
hundred and forty-eight, nor shall any assessment ever
be required on the shares hereby authorized to be trans-
ferred as aforesaid, nor shall any dividends be paid on
the same, nor any right of acting or voting at the meet-
ings of the company be claimed or exercised by reason of
said shares, so long as the same shall be held as security
as aforesaid.

RAILROADS. 371

Sec. 7. From and after the issue and delivery to the Additional lien,
directors of any portion of the scrip issued under this act,
the city shall have, in addition to the lien which it now
has by virtue of the act passed as aforesaid August first,
one thousand eight hundred and forty-eight, a further
lien upon said railroad, and upon all the property and
franchise of the company, to secure the performance of
the conditions of all the bonds, executed and delivered
under the provisions of this act, which lien may be
enforced in the manner hereinafter provided.

Sec. 8. For the purpose of providing for the reim- sinking fund,
bursement of the principal of the scrip, authorized to be
issued by this act, a sinking fund shall be established,
and shall be under the management of commissioners.
The same persons who shall from time to time, be the
commissioners of the sinking fund created under the act
aforesaid, passed August first, one thousand eight hun-
dred and forty-eight, shall be the commissioners of the
sinking fund, created under this act. They shall severally
be sworn to the faithful discharge of the duties enjoined
upon them by this act, before the delivery of any portion
of the scrip hereby authorized, which oath shall be taken
in presence of the city clerk, who shall make record thereof,
as in the case of the qualification of city officers.

Sec. 9. Whenever the directors shall receive any por- sinking fund,
tion of the scrip, authorized as aforesaid to be delivered how raised,
to them, they shall pay to the city treasurer two per cent,
of the amount of the scrip so delivered, which amount
shall be by the city treasurer placed to the credit of the
commissioners of the sinking fund, and shall constitute a
part of the fund established by this act. The directors
shall also annually, in the month of April, pay to the city
treasurer, from the income of the road, one per cent, of
the whole amount of scrip which shall have been before
that time issued and delivered under this act, and which
shall be then outstanding ; but after the expiration of sinking fund
five years from the time of the delivery and receipt of ^^^ ^ specific
the first portion of scrip as aforesaid, the said annual purpose,
payments from the income of the road shall be increased
to one and a half per cent, of the amount of the scrip so

372 RAILEOADS.

Shares in the issued and then outstanding as aforesaid, and the said
stock may be annual payment of one per cent, for five years, and one
scrip^"^^ °^ ^^^ ^ ^^^^ P^^ cent, annually thereafter, shall be succes-
sively placed to the credit of the commissioners of the
sinking fund, and shall constitute a part of said fund
established by this act.

Sec. 10. The commissioners shall have the care and
management of all the moneys and securities at any time
belonging to said fund ; but the moneys uninvested, and
the securities, shall be in the custody of the city treasurer,
who shall be, by virtue of his office, treasurer of the sink-
ing fund established by this act, and shall be responsible
in his official bond to the city, for the safe keeping of the
moneys and securities of the fund. He shall pay out and
deliver any of said moneys and securities only upon the
warrant of the commissioners.

Sec. 11. The commissioners shall from time to time,
at their discretion, invest the moneys on hand, securely,
so that they shall be productive, and the same may be

Commissioners , , , -; i . . - .

authorized to loaned on mortgage of real estate, or to any county, or
sell stock in upon pledge of the securities of any county in this State,
cer meases. ^^ invested in the stock of this State, or of the United
States. And any portion of the fund may be invested
in the scrip authorized by this act, or by the aforesaid act
of August first, one thousand eight hundred and forty-
eight, and such scrip shall not thereby be extinguished,
but shall be held by the commissioners, like their other
investments, for the purposes of the fund . An amount not
exceeding twelve per cent, of the fund may be loaned on
pledge of the stock of ^ny bank, or of any stock insur-
ance company in this State, and the commissioners may,
from time to time sell and transfer any of said securities.
Sec. 12. The sinking fund aforesaid, and all the sums

Sinking fund which shall be added thereto by accumulation upon the
to be reserved . , /.,!,,-,,,.

foraspecinc mvestments thereof, shall be reserved, and kept inviolate

purpose. foj. i\iQ redemption and reimbursement of the principal of

the scrip authorized by this act at the maturity thereof,
and shall be applied thereto by the commissioners.

Sec. 13. Any of the shares in the stock of the com-
pany, held by the city for security, as provided in the

RAILROADS. 373

sixth section of this act, may be sold and transferred by shares in the
the commissioner of the sinking fund,- with the consent stock may be
of the directors of the company, whenever an exchange gcrfp^"^^
thereof can be advantageously made for any of the scrip
authorized by this act, or whenever the said scrip can be
advantageously purchased with the proceeds of any such
sale of such collateral shares. And the scrip so pur-
chased and taken in exchange, shall be thereupon can-
celled and extinguished, and the amount thereof shall be
endorsed on the respective bonds of the company given
on the issue and delivery of such scrip. But no part of
the sinking fund established by this act, or of its accumu-
lations, shall be applied at any time or in any manner to
the redemption and extinguishment of the scrip, before
the miaturity thereof.

Sec. 14. If the directors of the company shall at any ^

. Commissioners

time fail to pay to the city treasurer for the smkmg fund authorized to

created by this act, the amount aforesaid of one per cent, seu stock in
or of one and a half per cent, required to be paid into the
sinking fund, out of the income of the road, the commis-
sioners are authorized, at their discretion, upon such
notice to the company as they shall deem suitable, to sell
so many of the shares held by the city for security, as
may be necessary to supply the amount of such deficiency,
and the proceeds of such sale shall thereupon be paid into
the sinking fund, and shall become a part thereof. All
such couve^'ances and transfers of shares, which may be
sold as aforesaid, shall be made by the city treasurer,
under the direction of the commissioner.

Sec. 15. The commissioners shall keep a true record
of all their proceedings, and an account of all the sums Record, how
paid into the fund, and of the investments of the same, ^^ '
and shall, annually in the month of July, report to the
mayor and aldermen of the city, and to the directors of
the railroad company, their proceedings for the year, the
amount and condition of the fund, and income of the
several parts thereof. Their records, and the accounts
of the fund, and the securities belonging thereto shall at
all times be open to the inspection of any committee

374

RAILROADS.

Matters of
complaint be-
tween the city
and commis-
sioners, how
adjusted.

Excess of
sinking fund,
how applied.

Lien to be
secured by
mortgage.

appointed for that purpose by the mayor and aldermen,
or by directors of the company.

Sec. 16. To secure the faithful discharge of the sev-
eral trusts confided to the said commissioners under this
act, the supreme judicial court is hereby empowered, upon
the complaint of the mayor and aldermen of the city, or
of the directors of the railroad company, against the said
commissioners or either of them, concerning any of their
said trusts and duties, by summary process, according to
the course of procedings in equity, to hear and adjudge
upon the matters of such complaint, and to issue thereon,
any suitable writ or process, and make any lawful decree
to compel the proper discharge and performance of such
duties and trusts, and to remove the said commissioners
or either of them.

Sec. 17. If the said sinking fund with its accumula-
tions shall at any time exceed the amount of the scrip
unredeemed and outstanding, issued under this act, all,
such excess shall be annually paid over to the railroad
company ; and if any surplus of the fund shall remain
after the redemption and reimbursement of all the said
scrip, such surplus shall be paid over to the company. And
the mayor and aldermen may from time to time, cause to
be reconveyed to the railroad company, such parts of the
stock transferred to the city under this act, or the act
aforesaid, passed August first, one thousand eight hundred
and forty-eight, as they may deem not to be required for
the securities herein provided. Upon the final comple-
tion of all the duties enjoined upon the commissioners
under this act, their records and accounts shall be depos-
ited with the railroad company.

Sbc. 18. For the purpose of securing and enforcing
the lien granted to the city by the seventh section of this
act, and by the ninth section of the act aforesaid, passed
August first, one thousand eight hundred and forty-eight,
the directors of the company are hereby authorized, and
it shall be their duty whenever thereby directed by the
mayor and aldermen, to execute and deliver to the city
of Portland a mortgage of said railroad and of all its
property real and personal, and of the franchise of the

RAILROADS. 375

company. Such mortgage shall be signed by the presi- Mortgage, how
dent of the company in his official capacity, and shall be executed, &c.
executed according to the laws of the several States
through which the railroad shall pass, and shall be of due
and legal form, and shall contain apt and sufficient terms
for the security of the city against any liabilities then
existing, or which may thereafter be incurred in pursuance
of this act, and of the act aforesaid, passed August first,
one thousand eight hundred and forty-eight. The record
of such mortgage in the registry of deeds for Cumberland
county shall be a sufficient registry thereof to all intent
and purposes, within this State. If any portion of the
railroad shall not have been completed at the time of the
execution of such mortgage, the directors shall be held
whenever thereto requested, as aforesaid, to execute and
deliver other like mortgages of any other portion of the
road and property, as may be from time to time required,
and such further mortgage shall be subject to like pro-
♦visious, and shall have like operation as is hereinbefore
prescribed.

Sec. 19. if the directors of the company shall neglect xegiectofduty,
or refuse to execute and deliver any such mortgage, after &c.
request as aforesaid, the mayor and alderman may cause
a suit in equity to be instituted in the name of the city to \
compel the due execution and delivery thereof. The
supreme judicial court for the county of Cumberland,
shall have jurisdiction of such suit, and shall hear and
determine the same, by summary process, in their discre-
tion, and shall make such decree therein as may be
suitable to effect the purposes herein required.

Sec. 20. For the purpose of foreclosing any such
mortgage upon the property and franchise of the com- Foreclosure of
pany within this State, it shall be sufficient for the mayor "^'^^s^^-
and aldermen to give notice according to the mode
prescribed in the fifth section of the one hundred and
twenty-fifth chapter of the revised statutes, which notice
may be published in a newspaper printed in the city of
Portland, and record thereof may be made within thirty

376

RAILROADS.

City of Port-
land to take
possession of
the road in
case the com-
pany omit to
pay the inter-
est.

Notice, bow
given.

days after the date of the last publication, in the registry
of deeds for the county of Cumberland, which publica-
tion and record shall be sufficient for the purposes of such
foreclosure. Upon the expiration of three years from
and after such publication, if the conditions of such mort-
gage shall not within that time have been performed, the
foreclosure shall be complete, and shall be sufficient to make
the title to all the property and franchise aforesaid, abso-
lute in the city of Portland. And any transfer of any of
the personal property of the company, made after publica-
tion of such notice to foreclose, without the consent of the
mayor and aldermen, shall be wholly void ; but lawful trans-
fers and changes of any of the personal property of the com-
pany, not including the franchise, andthe rails actually laid,
and the right of way, may be made notwithstanding such
mortgage, before publication of notice to foreclose as
aforesaid ; and all personal property acquired by the com-
pany, by purchase, exchange or otherwise, after the exe-
cution and delivery of any such mortgage, shall be covered
and held thereby.

Sec. 21. If the directors of the company shall at any
time neglect or omit to pay the interest which may become
due upon any portion of the scrip issued and delivered
under the provisions- of this act, or of the act aforesaid,
passed August first, one thousand eight hundred and for-
ty-eight, or to make the annual payments thereby required
for the sinkifig fund, the city of Portland may take actual
possession in the manner hereinafter provided, of the rail-
road, of all the property real and personal of the company
and of the franchise thereof, and may hold the same and
apply the iticome thereof to make up and supply such
deficiencies of interest and amounts payable for the sink-
ing fund and all further deficiencies that may occur, while
the same are so held, until such deficiencies shall be fully
made up and discharged. A written notice signed by the
mayor and aldermen, or by a majority of their number,
and served upon the president or treasurer, or any
director of the company, or if there are none such, upon
any stockholder in the company, stating that the city

RAILROADS.

377

accruing from
the road after
said notice to
belong to the
city.

thereby takes actual possession of the railroad, and of
the property and franchise of the company, shall be a
suflScient actual possession thereof and shall be a . suffi-
cient legal transfer of all the same for the purposes
aforesaid to the city, and shall enable the city to hold the
same against any other transfers thereof, and against any
other claims thereon, until such purposes have been fully
accomplished. Such possession shall not be considered
as an entry for foreclosure, under any mortgage herein-
before provided, nor shall the rights of the city or of the
company under such mortgage be in any manner affected
thereby.

Sec. 22. All moneys received by or for the railroad ^jj^^^^g^
company, after notice as aforesaid, from any source
whatever, and by whomsoever the same may be received,
shall belong to and be held for the use and benefit of the
city in the manner, and for the purposes herein provided,
and shall, after notice given to persons receiving the same
respectively, be by them paid to the city treasurer, which
payment shall be an effectual discharge from all claims
of the company therefor ; but if any person, without such
notice, shall make payment of moneys so received to the
treasurer of the company, such payment shall be a dis-
charge of all claims of the city therefor. All moneys
recived by the treasurer of the company, after such notice,
or in his hands at the time such notice may ])e given, shall
be by him paid to the city treasurer, after deducting the
amount expended, or actually due for the running ex-
penses of the road, for the salaries of the officers of
the company, and for repairs necessary for conduct-
ing the ordinary operations of the road. Such payments
to the city treasurer shall be made at the end of every cal-
endar month, and shall be by him applied to the payment
of the interest due as aforesaid, and placed to the credit
of the commissioners of the sinking fund, in the amounts Penalty, &c.
required by the provisions of this act, and the act afore-
said, passed August first, one thousand eight hundred and
forty-eight. And any person who shall pay or apply any
moneys received as aforesaid in any manner contrary to
the foregoing provisions, shall be personally liable there-

378 RAILROADS.

for, and the same may be recovered in an action for
money had and received, in the name of the city treas-
urer, whose duty it shall be to sue for the same, to be by
him held and applied as is herein required.

Sec. 23. For the purpose of effecting the objects pre-

A wi-it of in- ' ^ , , ^ , _

junction may scribed in the two preceding sections, the mayor and
be issued. aldermen may cause a suit in equity to be instituted in
the name of the city, in the supreme judicial court in the
county of Cumberland, against the railroad company, its
directors, and any other person, as may be necessary for
the purpose of discovery, injunction, account or other
relief under the provisions of this act. And any judge
of the court may issue a writ of injunction or any other
suitable process on any such bill, in vacation or in term
time, with or without notice, and the court shall have
jurisdiction of the subject matter of such bill, and shall
have such proceedings and make such orders and decrees
as may be within the powers and according to the course
of proceedings of courts of equity, and as the necessities
of the case may require.

Sec. 24. If the railroad company shall, after notice of
appointed by possession as aforesaid, neglect to choose directors thereof,
the city of or any other necessary officers, or none such shall be found,
cas^e the com- ^^^ mayor and aldermen of the city shall appoint a board
pany neglect of directors, Consisting of not less than seven persons
or any other necessary officers, and the persons so
appointed shall have all the power and authority of officers
chosen or appointed under the provisions of the act estab-
lishing said company, and upon their acceptance of such
offices, shall be subject to all the duties and liabilities
thereof.

Sec. 25. This act shall take effect from and after its
^kreffecT approval by the governor, so far as to empower the
directors of the railroad company, and the inhabitants of
the city to act upon the question of accepting the same.
The several ward meetings of the inhabitants for that
purpose, shall be called and holden within thirty days after
such approval. And if the act shall be accepted as afore-
said, then, •after such acceptance, and record thereof, all
the parts of the act shall take effect and be in full force. "*
4 Acc^ted August 22, 1850. See city records, vol. 5, page 352.

RAILROADS. 379

THE CITY OF PORTLAND TO GRANT FURTHER AID IN. THE

CONSTRUCTION OF THE ATLANTIC AND

ST. LAWRENCE RAILROAD.

Sec. 1. The city of Portland is hereby authorized to Private laws of
make a further loan of its credit to the Atlantic and St. 1852, c. 475.
Lawrence Railroad Company for the x)iirpose of aiding Loan author-
the final completion and equipment of the railroad of ^z^d.
said company subject to the following terms and con-
ditions.

Sec. 2. This act shall not take effect, unless it shall,
be accepted by the directors of said railroad company, Act not to take
and by the vote of the inhabitants of said city, voting in accepted bj-
ward meetings duly called according to law ; and at least company and
two-thirds of the whole number of votes cast at such ward H^^
meetings shall be necessary for the acceptance of the
act. The returns of such ward meetings shall be made

. , . , , ,1, i 1 Return of votes

to the aldermen of the city, and they shall count and how made.

declare the votes retui-ned, and the city clerk shall make

record thereof.

Sec 3. Upon the acceptance of the act as aforesaid, the City scrip, how

city treasurer shall make and issue, for the purposes con- issued and

*' ' 1. i. amount.

tern plated in this act, the scrip of said city in convenient
and suitable sums, payable to the holder thereof, on a
term of time not less than twenty nor more than thirty
years, with coupons for interest attached, payable semi-
annually or yearly. The whole amount of said scrip shall
not exceed the sum of five hundred thousand dollars, and
the same shall be delivered by the city treasurer to the
directors of the railroad company, subject to the several
provisions of this act. The proceeds of the same shall
be applied by the directors of the company, exclusively
to the construction and necessary equipment of the Atlan- — ^o^ applied,
tic and St. Lawrence Railroad.

Sec. 4. Upon the delivery of the scrip aforesaid, the to be secured
directors of the railroad company shall execute and by penal bond.
deliver to the city treasurer, for the city, the bond of the
company, in a suitable penal sum, conditioned that the
company will duly pay the interest and the principal of
said scrip, and will hold the city harmless and free from

380

RAILROADS.

3Iortgage
bonds
issued and
secured by-
deed of trust
and mortgage
of road.

Amount of
bonds equal
to the amount
of scrip.

Interest war-
rants can-
celled on
payment of
interest.

Trustees
authorized, on
nonpayment
of scrip, to
convey title to
city of Port-
land.

all expendition, damage or loss, on account of the issue
and delivery of the same.

Sec. 5. As a further security for the issue and delivery
of said scrip, the directors of the company, shall also
deliver to the city treasurer the mortgage bonds of said
company, issued and bearing date on the first day of
April, eighteen hundred and fifty-one, and secured by a
deed of trust and mortgage of said railroad, and the
franchise and property of the company of the same date,
heretofore executed and delivered by said company to
trustees for the benefit of the holders of the mortgage
bonds aforesaid. The amount of said mortgage bonds,
so delivered to the city treasurer, shall be equal to the
amount of the scrip issued and delivered under this act,
and the same shall be held by the city treasui-er, for the
time being, as collateral security to the obligation and
bond given by the company as aforesaid, to hold and save
the city harmless on account of the issue and delivery of
said scrip. Upon the payment by the company of the
interest which shall from time to time accrue upon the
said scrip, the city treasurer shall cancel and surrender
to the company an amount of the interest warrants
attached to said mortgage bonds equal to, and corres-
ponding as nearly as may be, in date, to the amount of
interest so paid on said scrip.

Sec. 6. At the maturity of the mortgage bonds herein
provided to be delivered as collateral security, and after
the payment of all the other mortgage bonds issued under
said deed of trust and mortgage if any portion of the scrip
hereby authorized to be issued, shall be unredeemed and
outstanding, the trustees, for the time being, under said
deed of trust and mortgage, shall be authorized to release,
assign, and convey to the city of Portland, all the title and
interest which they may then have in the estate, property
and franchise of the company by virtue of said deed, and
of any other conveyances made in pursuance of the cov-
enants therein contained, which conveyance shall be a
discharge of said trustees from all the trusts created and
declared in said deed, and the city shall by such convey-
ance, take and hold the said estate, property and fran-

RAILROADS. 381

chise, as in mortgage, for the security and indemnity of CitytohoUithe

the eitv, on account of the issue and delivery of its scrip Property con-

'^ . veyed as

as herein authorized until the final redemption and reim- security.

bursement of said scrip, and the interest accruing thereon.
Sec. 7. This act shall take effect and be in force from
and after its approval by the governor, so far as to author- Act When to
ize the directors of the company, and the inhabitants of
the city to act upon the question of accepting the same.
The several ward meetings of the inhabitants for that
purpose shall be holden within three months after such
approval, and if the act shall be accepted as aforesaid,
then after such acceptance and record thereof, all the parts
of the act shall take effect and be in force.
Approved February 13, 1852.
4.

THE CITY OF PORTLAND TO GRANT FURTHER AID IN THE

CONSTRUCTION OF THE ATLANTIC AND

ST. LAWRENCE RAILROAD.

Sec. 1. The city of Portland is hereby authorized to Private laws
make a further loan of its credit to the Atlantic and St. of i853, c. 4.
Lawrence Railroad Company, in aid of the construction Loan author
and furnishing of their railroad, subject to the following ^^^'
terms and conditions.

Sec. 2. This act shall not take effect unless it shall be Acceptance of
accepted by the directors of said Railroad Company and ajt.^c«nditions
by the vote of the inhabitants of said city, voting in ward
meetings duly called according to law, and at least two-
thirds of the whole number of votes cast at such ward
meetings shall be necessary for acceptance of the act. jjet^^ng ^f
The returns of each ward meeting shall be made to the ward meet-
aldermen of the city, and they shall count and declare ^^^-^^^

•^ -^ made.

the votes returned, and the city clerk shall make record
thereof.

Sec. 3. Upon the acceptance of the act as aforesaid, Acceptance of

the city treasurer is authorized to make and issue, on ^^' ^^^^ ^^"^

J made, &c.

demand made by the said directors, for the purposes con-
templated in this act, the scrip of said city in convenient
and suitable sums, payable to the holder thereof, on a term
of time not less than twenty nor more than thirty years,
with coupons for interest attached.

382

KAILKOADS.

Scrip of loan, Sec. 4. The whole amount of the scrip to be issued
amount ^^^^ delivered under tliis act, shall not exceed thrpe

authorized. j^^j^^^.g^j J^^^^ gf^y thousand dollars, and the same shall be
delivered by the city treasurer to the directors of the rail-
road company as they may require the same. The

proceeds of such scrip shall be applied by the directors of
cicnpj proceeds ,1

of, how ap- the company exclusively to the construction and necessary

plied. furniture and equipment of the Atlantic and St. Lawrence

Railroad.

Sec. 5. Upon the issue and delivery of the scrip afore-
said, the directors of the railroad company shall cause a

Road, mort- mortffase to be executed and delivered to the city, in the
gaged to ^ =• . , -I ^ ' 4. i.

secure pay- name of the company, conveymg to the city, subject to

mentof scrip, ^ny mortgages existing before the passage of this act, all
Mortgage, how the estate, property and franchise of the company, con-
executed and ditioned that the company will duly pay the interest
recorded. accruing from time to time on the scrip issued under this
act, and will pay the principal of the same at the maturity
thereof. Such mortgage shall be executed according to
the laws of the several states through which the railroad
shall pass. The record thereof in the registry of deeds
in Cumberland county, shall be a sufficient registry of
the same to all intents and purposes within this State.
Sec. 6. Upon failure to perform any of the condi-
Mortgage, fall- ^^^^^ ^^ ^^^^ mortgage, the city shall be authorized to
ure to perform take possession of the estate, property and franchise
conditions of, ,1 i t i j.i t ^ i,

^^^ thereby conveyed, and the proceedings under such pos-

session, and all proceedings for the foreclosure of said
mortgage, and the rights, liabilities and remedies of the
parties, under such possession and entry for foreclosure
shall be governed, regulated, limited and controlled in the
manner that is provided in the twentieth, twenty-first,
twenty-second, twenty-thii'd, and twenty-fourth sections
of an act passed on the twenty-seventh day of July,
eighteen hundred and fifty, entitled, "An Act to authorize
the city of Portland to grant further aid in the construc-
tion of the Atlantic and St. Lawrence railroad," in res-
pect to the mortgage therein mentioned.

Sec. 7. This act shall take effect from and after its

Act when to approval by the governer, so far as to empower the direc-

take effect. tors of the Company and" the inhabitants of the city to

RAILROADS. 383

act upon the question of accepting the same. The sev-
eral ward meetings of the inhabitants for that purpose,
shall be called and holden within ninety days after such
approval. And if the act shall be accepted as aforesaid,
•then, after such acceptance and record thereof, all the
parts of the act shall take effect and be in force.
• Approved Febniary 5, 1853.

AN ACT MAKING FURTHER PROVISIONS RESPECTING LOANS

OF CREDIT HERETOFORE MADE BY THE CITY OF

PORTLAND TO THE ATLANTIC AND ST.

LAWRENCE RAILROAD COMPANY.

Sec. 1. The city of Portland is hereby authorized to prf^ateiaws

make such arrangements as the city council may deter- of ises, c.eoi.
mine to be necessary and expedient, to provide for the

extension of such parts of the obligation given to the city ^^^^ council

•^ c» cu ./ may arrange

by the Atlantic and St. Lawrence Railroad Company, for extension

under the acts of Auorust one, eighteen hundred and of obligations
-. -r , .1 1 11 , of A. & St. L.

forty-eight and July twenty-seven, eighteen hundred and r. r. to city.

fifty, as may not be satisfied by the sinking funds estab-
lished under those acts ; and shall have and may exercise. Further
until all the balance of indebtedness which may arise ^^''^o^clf ^nd
under said obligations is fully paid, all the rights and continuance
powers granted by said acts for the security of the city, ^^ ^™®-
and for the enforcement of its lien upon the railroad and
property of said company.

Sec. 2. The commissioners of the sinking funds estab-
lished by said acts, shall be commissioners to receive such Commissioners

*' ' of sinking

contributions as may be paid by the railroad company fund.

towards a further sinking fund for the redemption of the

unsatisfied balance of indebtedness as aforesaid. They

shall have succession, as provided in said acts, and shall

be invested with all the powers and subject to all the Powers, duties

duties and liabilities in respect to the management of ^^^ succes-

'■ ° sion.

such further sinking fund and the securities of the same,

and the application thereof, as is now provided by said

acts. They may invest the moneys of such fund in any ^j^^^^w^ °^

of the debt of the city of Portland, and may make such made, &c.

other investments of the same as is authorized by said

acts, except investments in railroad stocks, or upon

384

RAILROADS.

■Rate of inter-
est on mort-
gages of real
estate.

Contributions
to sinking
fund, when
and liow
made.

Duties and
liabilities of
city treasurer.

City council
may, upon
petition, pro-
vide for sink-
ing fund in
England.

Commissioners
for same, by
whom ap-
pointed, &c.

Payments and
contributions
to same, when
to be made*.

pledge of the stocks of banks or insurance companies.
They shall be authorized in making investments upon
mortgages of real estate, to contract for a rate of interest
not exceeding eight dollars in the hundred b}^ the year.

Sec. 3. The contributions to such further sinking fund
shall be in each of the years eighteen hundred and sixty-
nine and eighteen hundred and seventy, one thirty-^cond
part of the average amount of such unsatisfied indebted-
ness subsisting in those years ; but afterwards, the sum
of twenty-five thousand dollars annually, until the final
reimbursement and discharge of such indebtedness. All
of such contributions shall be made by the railroad com-
pany in equal half-yearly instalments, on the first days of
January and July, in every year.

Sec. 4. The city treasurer shall perform such duties
and be subject to such liabilities in respect to the moneys
and securities of such further sinking fund, as now pre-
scribed by law in respect to the sinking funds under the
acts aforesaid.

Sec. 5. In lieu of the provisions made in the preced-
ing sections for the establishment and maintenance of a
further sinking fund for the redemption of the balance of
indebtedness aforesaid, it shall be lawful for the city
council, upon petition by the railroad company, to
provide by city ordinance for the establishment of a
sinking fund for the same purpose, at London, in Eng-
land, to be held and managed by two commissioners, one of
whom shall be appointed by the mayor and aldermen of the
city, and one by the directors of the railroad company;
and in case of vacancies, the same shall be supplied by
new appointments made by them respectively. The rail-
road company shall pay and contribute to such sinking
fund, in each of the years eighteen hundred and sixty-
nine and eighteen hundred and seventy, ane-thirty-second
part in sterling money of the average amount of such un-
satisfied indebtedness, subsisting in those years ; and
afterwards, the sum of five thousand pounds sterling
annually, until final redemption and discharge of all such
indebtedness. All of such payments and contributions shall
be made in equal half-yearly instalments on the first days of
January and July in every year. The commissioners so

RAILROADS. 385

appointed and accepting the trust, shall be subject to such Commissioners
regulations in the investment and application of the fund, ^g^^i^^l^^g
as shall be established by the city council by the oi-dinance estabUshed by
aforesaid. The railroad company shall be in all respects ^^^ council.

^ '' , ^ Pesponsibility

and at all events responsible for the safe keeping and of railroad
proper application of the fund so established. And if company
such ordinance as is contemplated by this section shall be keeping and
passed by the city council, upon petition of the railroad ?^d^^°° ""^
company as aforesaid, then the second, third and fourth Proviso as to

. « . . ,11 , «. adoption of

sections of this act shall cease to have any effect. ordinance.

Sec.' 6. Whenever the amount of the sinking fund Provisions for
hereby authorized, in either form, shall be equal to the ^^^f fun^
unsatisfied indebtedness aforesaid, the commissioners shall when equal to
make over and deliver the same to city, in full discharge indebtedness.
of such indebtedness.

Sec. 7. Nothing in this act contained, nor any arrange- nens of city
ments or proceedings made and entered into under the npon railroad
same, shall, in any manner, affect or impair the priority tytMsacr
of security and lien which the city now has, for the loans
of its credit, under the acts aforesaid.

Sec. 8. No power shall be exercised under this act,
nor any privileges enjoyed under it until it shall have provisions for
been accepted by the city council, and by the directors of acceptance of
this railroad company. The evidence of acceptance by ™ '
the directors shall be filed with the city clerk, and entered
in tlie records of the mayor and aldermen.
Approved March 3, 1868.
6.

ACT AUTHORIZING FURTHER AID IN CONSTRUCTING THE
PORTLAND AND OGDENSBURG RAILROAD.

Sec 1. The city of Portland^ is hereby authorized to Actauthoriz-
loan its credit to the Portland and Ogdensburg Railroad ingfurtheraid
Company, in aid of the construction of their railroad, Ing^'^e^^and
subject to the following terms and conditions. o. RaUroad.

Sec. 2. This act shall not take effect until it be ^g^g c 166
accepted by the directors of said railroad company, and
by the vote of the inhabitants of said city, voting in

8 See also charters and amendatoiy laws ; private laws, 1867, c. 252 ; 1868,
c. 691 ; 1871, c. 611 ; 1872, c. 167; 1873, c. 336; 1875, c. 1 ; 1875, c. 146; 1878, c. 14.

386 RAILROADS.

ward meetings, duly called according to law ; and at
least two-thirds of the votes cast at such ward meetings
shall be necessary for the acceptance of the act. The
returns of such ward weetings shall be made to the
aldermen of the city, and by them counted and declared,
and the city clerk shall make a record thereof.

Sec. 3. Upon the acceptance of the act as aforesaid,
the city treasurer shall make and issue from time to time,
for the purpose contemplated in this act, the scrip of
said city in convenient and suitable sums, payable to the
holder thereof on a term of time not less than thirty nor
more than forty years, with coupons for interest at six
per cent, attached, payable semi-annually or yearly. The
whole amount of said scrip shall not exceed twenty-five
hundred thousand dollars, and the same shall be delivered
by the city treasurer to the directors of said railroad
company, subject to the several provisions of this act ;
the proceeds of the same shall be applied by the directors
of the company exclusively to the construction and nec-
essary equipment of the Portland and Ogdensburg Rail-
road.
f Sec. 4. Before th^ delivery of any portion of the scrip

aforesaid, the directors of the railroad company shall
execute and deliver to the city treasurer, for the city, the
bond of the company, in a suitable penal sum, condi-
tioned that the company will duly pay the interest and
the principal of said scrip, and will hold the city harmless
and free from all expenditure, damage or loss on account
of the issue and delivery of the same.

Sec. 5. As a further security for the issue and delivery
of said scrip, the directors of the company shall also
deliver to the city treasurer the mortgage bonds of said
company, issued and bearing date on the first day of
November, eighteen hundred and seventy-one, and
secured by a d«ed of trust and mortgage of said rail-
road, and the franchise and propert}^ of the company, of
the same date heretofore executed and delivered by said
company to trustees, for the benefit of the holders of the
mortgage bonds aforesaid. The amount of said mortgage
bonds so delivered to the city treasurer shall be equal to

RAILROADS. 387

the amount of scrip issued and delivered under this act,
and the same shall be held by the city treasurer for the
time being as collateral security to the obligation and
bond given by the company as aforesaid, to hold and save
the city harmless on account of the issue and delivery of
said scrip. Upon the payment by the company of the
interest which shall from time to time accrue upon said
scrip, the city treasurer shall cancel and surrender to the
company an amount of the interest warrants attached to
said mortgage bonds, equal to, and corresponding as
nearly as may be in date, to the amount of interest so
paid on said scrip.

Sec. 6. At the maturity of the mortgage bonds herein
provided to be delivered as collateral security, and after
the payment of all the other mortgage bonds issued
under said deed of trust and mortgage, if any portion of
the scrip hereby authorized to be issued shall be unre-
deemed and outstanding, the trustees, for the time being,
under said deed of trust and mortgage, shall be author-
ized to release and assign to the oity of Portland all the
title and interest which they may then have in the estate,
property, and franchise of the company by virtue of said
deed, and of any other conveyance made in pursuance of
the covenants therein contained, which conveyance shall
be a discharge of said trustees from all tnists created
and declared in said deed, and the city shall by such con-
veyance, take and hold the said estate, property, and
franchise as in mortgage, for the security and indemnity
of the city, on account of the issiie and delivery of its
scrip as herein authorized, until the final redemption and
reimbursement of said scrip, and the interest accruing
thereon.

Sec. 7. The directors shall also transfer to the city
upon the delivery of any portion of the scrip herein
authorized, an equal amount in the shares of the com-
pany, until the whole number of shares authorized under
the charter of said company shall be issued, to be held as
collateral security for the bond of the company required
to be given in such case, and the shares so held as collat-
eral shall be credited on the stock books of the company

388 RAILROADS.

as fully paid up, and no assessment shall ever l3e required
thereon, nor shall any dividends be paid on the same,
nor any right of voting or acting at the meetings of the
company be claimed or exercised by reason of said shares,
^ so long as the same shall be held as collateral as afore-
said.

Sec. 8. For the purpose of providing for the reim-
bursement of the principal of the scrip, authorized to be
issued by this act, there shall be established a sinking
fund, and two commissioners shall be appointed to man-
age the same, who shall be appointed by the mayor and
aldermen of the city, and in case of vacancy in the place of
either, the same shall be supplied by the mayor and alder-
men. Both of said commissioners shall be appointed and
qualified before the delivery, to the directors, of any of
the scrip. The commissioners shall severally be sworn to
the faithful discharge of the duties enjoined upon them by
this act, in presence of the city clerk, who shall make a
certificate and record thereof as in the case of the qualifi-
cation of city officers ; each commissioner shall give a
bond to the city with satisfactory sureties, in the penal
sum of twenty thousand dollars, conditioned for the
faithful discharge of his duty as commissioner. They
shall receive such compensation as may be established by
the directors, which shall be paid to them by the com-
• pany, and shall not be diminished during their continu-
ance in office.

Sec. 9. The said company, at the expiration of five
years from the first delivery of any of the scrip authorized
as aforesaid to be delivered, shall pay to the city treasurer
one per cent, of the whole amount of said scrip, which
payment shall be by the city treasurer placed to the credit
of the commissioners of the sinking fund, and shall con-
stttute a part of the said fund ; and thereafter the said
company shall also annually in the month of September,
pay to the city treasurer from the income of the road, one
per cent, of the whole amount of said scrip then out-
standing, which annual payments shall be successively
placed to the credit of the commissioners of the sinking
fund, and shall constitute a part of said fund.

RAILROADS. 389

Sec. 10. The commissioaers shall have the care and
managemeut of the moneys and securities at any time
belonging to said fund ; but the moneys invested and the
securities shall be in custody of the city treasurer, who
shall be, by virtue of his office, treasurer of the sinking
fund, and shall be responsible on official bond to the city
for the safe keeping of the moneys and securities of the
fund ; he shall pay out and deliver any of said moneys
and securities only upon the warrant of the commissioners.

Sec. 11. The commissioners shall from time to time,
at their discretion, invest the moneys on hand securely,
so that they shall be productive, and the same may be
loaned on mortgage of real estate, or to any county, or
upon pledge of the securities of any county in this State,
or invested in the stock of this State, or of the United
States, or in the bonds of any railroad company in New
England whose road is completed, and whose capital has
been wholly paid in. Any portion of the fund may be
invested in the city scrip authorized by this act, and
such scrip shall not thereby be extinguished, but shall be
held by the commissioners, like their other investments,
for the purposes of the fund. An amount not exceeding
ten per cent, of the fund may be loaned on pledge of the
stock of any bank or of any stock insurance company in
the State, and the commissioners may, from time to time,
sell and transfer any of said securities.

Sec. 12. The sinking fund and all the sums which shall
be added thereto by accumulation, upon the investment
thereof, shall be reserved and kept inviolate, for the
redemption and reimbursement of the principal of said
scrip at the maturity thereof, and shall be applied thereto
by the commissioners.

Sec. 13. Any of the shares in the stock of the rail-
road company, held by the city as collateral, may be sold
and transferred by direction of the commissioners of the
sinking fund, with the consent of the directors of the
railroad company, whenever an exchange thereof can be
advautiigeously made for any of the city scrip, authorized
by this act, or whenever the said scrip can be advanta-
geously purchased with the proceeds of any such sale of

390 RAILROADS.

such collateral shares. And the scrip so purchased, or
taken in exchange, shall be thereupon cancelled and
extinguished, and the amount thereof shall be indorsed
on the respective bonds of the railroad company given on
the issue of and delivery of such scrip. But no part of
the sinking fund, or of its accumulations, shall be applied
at any time or in any manner to the redemption and
extinguishment of the scrip before maturity thereof.

Sec. 14. The commissioners shall keep a true record of
all their proceedings, and an account of all sums paid into
the fund, and of the investments made of the same, and
shall annually, in the month of Jul}^, report to the mayor
and aldermen and to the directors of the railroad com-
pany, their proceedings for the first year, the amount and
condition of the fund, and the income of the several
parts thereof. And their records and the accounts of the
fund, and the securities belonging thereto, shall at all
times be open to inspection by such committee as may be
appointed for that purpose by the mayor and aldermen,
or by the directors of the company.

Sec. 15. To secure the faithful discharge of the several
trusts confided to the said commissioners under this act,
the supreme judicial court is hereby empowered, upon
the complaint of the mayor and aldermen, or of the
directors of the railroad company against the said com-
missioners, or either of them, concerning anj^ of said
trusts and duties, by summary process according to the
course of proceedings in equity, to hear and adjudge
upon the matter of such complaint, and to issue thereon
any suitable writ or process, and make any proper decree
to compel the appropriate discharge and performance of
such trusts a-nd duties, and to remove the said commis-
sioners, or either of them ; and in case of such removal
the vacancy shall be immediately supplied, as provided
in the tenth section of this act.

Sec. 16. If the said sinking fund with its accumulation
shall at any time exceed the amount of the scrip unre-
deemed and outstanding, all such excess shall be annually
paid over to the railroad company, and if any surplus of
the fund shall remain after the redemption and reimburse-

RAILROADS. 391

ment of all the scrip, such surplus shall be paid over to
the company.

Sec. 17. The treasurer of the city of Portlaud shall, on
request of the directors of the said railroad company, after
the acceptance of this act by the inhabitants of this city
and the execution and delivery of the bond of said com-
pany before mentioned, issue and deliver to the treasurer
of said railroad company, toward said loan, bonds of said
city of Portland to the amount of fifty thousand dollars,
and thereafter to issue and deliver to said treasurer of
said company bonds of said city of Portland in sums of
fifty thousand dollars as often as it shall appear by the
report of the engineer of said railroad company, and to
the satisfaction of the mayor and aldermen of said city,
that work has been done or materials furnished to the
amount before granted on the extension of said railroad
from North Conway to a connection with the western
division at the Connecticut river, until the entire amount
of the loan shall be furnished.

vSec. 18. This act shall take effect and be in force from
and after its approval by the governor so far as to author-
ize the dii-ectors of the company and the inhabitants of
the city to act upon the question of accepting the same.
The several ward meetings of the inhabitants for that
purpose shall be called and holden within thirty days
after request by the president and directors of 'said
company to the mayor and aldermen therefor, and within
one year after the approval of this act, and if the act
shall be accepted as aforesaid, then after such acceptance
and record thereof, all the parts of the act shall take effect
and be in force, and the citizens of Portland may vote
twice upon the question of accepting this act and no
more.

CHARTER OF PORTLAND AND FOREST AVENTTE RAILROAD
COMPANY.

Section 1. Eliphalet Clark, John B. Coyle, John W.
Adams, Newell A. Foster and Warren Sparrow, their Corporators,
associates and successors, are hereby constituted a corporate
corporation by the name of the Portland and Forest ^™®-

392

RAILROADS.

Construction.

Location, how
determined.

Act 1860, c. 457,
as amended by
act 1861, c. 91.

Authorized to
construct
when land
damages have
been settled,
&c.

Proviso.

Vote or votes
of city or
town, assent
of corpora-
tion shall be
filed with
clerks, &c.

Powers, &c.

Avenue Railroad Company, with authority to construct
maintain and use a raih'oad to be operated by horse
power, with convenient single or double tracks, from
such point or points in the city of Portland, upon and
over such streets therein, as shall from time to time be
fixed and determined by the municipal officers of said city
of Portland, and assented to in writing by said corpora-
tion, to the boundary line between said city and the town
of Westbrook, and thence upon and over such streets,
town and county roads in said town of Westbrook as from
time to time, may be fixed and determined by the munici-
pal officers of said town, and assented to in writing by
said corporation, to some point at or near the entrance to
Evergreen Cemetery, and to such other point or points in
said town of Westbrook, as may in like manner from
time to time be fixed and determined by the municipal
officers of said town, and assented to in writing by said
corporation ; said corporation shall also have authority to
construct, maintain and use said railroad over and upon
any lands where the land damages have been mutually
settled by said corporation and the owners thereof ; but
said corporation shall make no erections within any of the
tide waters of Back Cove without the written approval of
the harbor commissioners ; provided^ however^ that all
tracks of said railroad shall be laid at such distances from
the sidewalks of said city of Portland and town of West-
brook, as the municipal officers thereof, respectively, shall
in their order fixing the routes of said railroad determine
to be for public safety and convenience. The written
assent of said corporation to any vote or votes of the
municipal officers of either said city or town, prescribing
from time to time the routes of said railroad, shall be filed
with the respective clerks of said city or town, and shall
be taken and deemed to be the locations thereof. Said cor-
poration shall have power from time to time, to fix such
rates of compensation for transporting persons or prop-
erty, as it may think expedient, and generally shall have
all the powers and be subject to all the liabilities of cor-
porations, as set forth in the forty-sixth chapter of the
revised statutes. Rails shall not' be laid down in said city

RAILROADS. 393

or town without the assent of the municipal oflScers
thereof, respectively. The original location of the route
when granted shall be for the term of twenty-five years. Original loca-
The same may be renewed from time to time for a term tion, termof.
"not exceeding fifty years at any one time, by said muni- ~Xed!^'^
cipal officers, upon such terms as they may deem expedient. _^hen to be
No such renewal shall be granted prior to two years before renewed,
the expiration of the location then established. No loca-
tion shall be granted or renewed, except upon reasonable NoUce.
prior notice to all parties interested. If at the expiration
of any of said terms, the use of the streets, roads or
hischways, occupied by said company's railroad, is wanted Mat expiration '

"^ * i ./ o ^£ temis use

by the municipal officers of either said city or town, or of streets, &c.,

both, to any other corporation or person, it shall be upon is granted any

condition that such corporation or person shall purchase ^. ^^^o^<^^-
of said company all its property of every description in

necessary use for the purposes of said railroad upon such —f^^^^ corpora

terms aa may be agreed upon by the parties, or determined purchase, &c..
by persons selected by them ; and if they are unable to

*' ./ ' ./ —terms, how

agree, the value of the same shall be determined by three aetemiined.

disinterested persons, appointed by a judge of the supreme

judicial court, on application of either party, and hearing

thereon. Said appraisers shall be sworn, give notice of Appraisers,

the time and place of their meeting to examine and duties of.

appraise said property, and shall make to each party a

written award ; and their services shall be paid in equal —services of,

propbrtions by the parties. If the municipal officers of

either said city or town, or both, determine, that at the

expiration of any of said terms, the use of the streets,

roads or highways occupied by said company's railroad,

shall be granted to any person or corporation, for the

purposes of a horse railroad, on the payment of any sum

of money, yearly or in any other manner, said company

shall have the preference, and such use shall be granted

or renewed to said company, provided it will pay as much

therefor as any other corporation or person. Any similar

corporation hereinafter incorporated which shall construct ^^^^^^^t^*'" ^^

'■ '■ similar cor-

its road from Cape Elizabeth, or Westbrook, where the poration.
Portland and Forest Avenue Railroad Company have no
track, may enter upon and connect with and use the track
of the Portland and Forest Avenue Railroad Company

394

RAILEOADS.

Compensation,
how deter-
mined.

As amended by
Act 1861.

Railroad, how
tQ be used.

City and town
may make
regulations,
&c.

Act 1860.

Corporation
shall keep in
repair,
streets, &c.

Ibid.

—liability.

Obstructions in
use of roads,
&c.

Ibid.

Penalty.

for such rates of compensation as may be agreed upon,
or in case of disagreement of the directors of the two
companies, three disinterested persons shall be ap-
pointed by a judge of the supreme court, on application
of either party, and a hearing thereon shall be had before
said commission. Said commissioners shall be sworn,
give notice of the time and place of their meeting to
determine the matter in dispute, and shall make to each
party a written final decision of the points submitted, and
their services shall be paid in equal proportions by the
parties.

Sec. 2. Said railroad shall be operated and used by
said corporation with horse power only. The municipal
officers of said city of Portland and of said town of West-
brook, respectively, shall have power at all times to make
all such regulations, as to the rate of speed and removal
of snow and ice from the streets, roads and highways by
said company at its expense, and mode of use of the track
of said railroad within said city or town, as the public
convenience and safety require.

Sec. 3. Said corporation shall keep and maintain in
repair, such portion of the streets, town or county roads
as shall be occupied by the tracks of its railroad, and
shall make all other repairs of said streets or roads, which
in the opinion of the municipal officers of said city or
town respectively, may be rendered necessary by the occu-
pation of the same by said railroad, and if not repaired
upon reasonable notice, such repairs may be made by
said city or town respectively, at the expense of said cor-
poration. And said corporation shall be liable for any
loss or damage which any person may sustain by reason
of any carelessness, neglect or misconduct of its agents
or seiTants.

Sec. 4. If any person shall willfully and maliciously
obstruct said corporation in the use of its road or tracks,
or the passing of the cars or carriages* of said corporation
thereon, such person and all who shall aid and abet
therein, shall be punished by a fine not exceeding two
hundred dollars, or may be imprisoned in the county jail
for a period not exceeding sixty days.

EAILROADS. 395

Sec. 5. The capital stock of said corporation stiall not Capital stock.
exceed one huncU-ed thousand dollars, to be divided ^^'^^^y'^^™*^;
into shares of one hundred dollars and no share shall be shares.
issued for less than the par value.

Sec. G. Said corporation shall have power to purchase May hold real
and hold such real estate as may be necessary and con- and personal
venient for the purposes and management of said rail- _^
road.

Sec. 7. Said railroad shall be constructed and main- Kaiiroadtobe
tained in such foim and manner, and with such rail, and constructed,

• • 1 rt^ J. • 1 • i? ^c., under

upon such grade as the municipal officers of said city of direction of
Portland, and of said town of Westbrook, respectively, city and to^vn.
shall from time to time prescribe and direct ; and when- ^^'^•
ever in the judgment of said corporation it shall be
necessary to alter the grade of any street, town or county
road, occupied by its railroad, said alterations may be
made at the sole expense of said corporation ; provided^ —alterations in
the same shall be assented to by the municipal officers of ^™ ^*
said city and town respectively. If the tracks of said proviso,
company's railroad cross any other railroad of any kind,
in either said city or town, and a dispute arises in any
way in regard to the manner of crossing, said municipal
officers of the town or city in which said proposed cross- Crossings,
ing is to be made, shall, upon hearing, decide and deter-
mine in writino; in what manner the crossing shall be """^^J*"" ° •
^ - ^ how deter-

made, which shall be constructed accordingly. mined.

Sec. 8. Nothing in this act shall be construed to pre-
vent the proper authorities of said city or town respec- streets or
lively from entering upon and taking up any of the roads, in reia-
streets, town or county roads occupied by said railroad, ^
for any purpose for which they may now lawfully take up
the same.

Sec. 9. This act shall be void unless the same shaU be Act, accept-
accepted by said corporation, and ten per cent, of the anceof, &c.
capital stock thereof, be paid within five years from its ^^'^*
passage.

Sec. 10. Said corporation is hereby authorized to gonds issue
issue bonds for the purpose of constructing its railroad, of, &c.
or for money which it may borrow for any purpose I'^id-
sanctioned by law ; but the bonds so issued shall not

396

EAILROADS.

—approval of,
&c.
Ibid.

—how secured.
Ibid.

Sinking fund.
Ibid.

—trustees to
laave manage-
ment of, &c.

Certain acts
made appli-
cable to
l)ond8, &c.

Ibid.

exceed the amount of capital stock paid in by the
stockholders. Said bonds may be issued in sums not
less than one hundred dollars each, payable in not more
than twenty years from their date, with interest at the
rate of six per cent., payable semi-annually.

Sec. 11. Such bonds shall be approved by a majority
of the finance committee of said corporation, who shall
certify that each of said bonds is properly issued and
recorded upon the books of the corporation. All bonds
and notes which shall be issued by said corporation shall
be binding and collectible in law, notwithstanding such
bonds or notes may be negotiated and sold by said cor-
poration or its agents at less than their par value.

Sec. 12. Said bonds shall be secured by a conveyance
of the corporate company to three trustees, by a suitable
instrument of mortgage to secure the payments of said
bonds.

Sec. 13. Said corporation shall pay semi-annually to
said trustees, a sum equal to one per cent, on the amount
of said bonds for the purpose of creating a sinking fund.
Said trustees shall have the care and management of all
the moneys, funds and securities belonging to said sink-
ing fund and they shall from time to time, at their dis-
cretion, invest the moneys on hand securely, and so that
the same shall be productive ; and the same may be
invested in the bonds of said corporation, secured as
aforesaid, or loaned on interest to any county, city or
town, or any bank in this State, or the same may be
loaned on interest, well secured by a first mortgage of
real estate to an amount not exceeding one half the value
thereof, or by pledge of the scrip or stock of any of the
New England States, or of any city, county or. town as
aforesaid, and the said fund with the accruing interest
shall constitute a sinking fund for the payment and
redemption of said bonds.

Sec. 14. The provisions of the fifty-third section of the
fifty-first chapter of the Revised Statutes, and of the nine
sections of said chapter next following, are hereby made
applicable to said bonds and to said mortgage made to
secure the same, but said corporation shall not be subject

RAILROADS. 397

to the other general provisions of law relating to rail-
ix)ads.

Sec. 15. This act shall take effect when approved by
the governor.

ACT ADDiriONAL TO CHARTER OF PORTLAND AND FOREST
AVENUE RAILROAD COMPANY.

Sec. 1. The Portland and Forest Avenue Railroad Railroad may
Company is hereby authorized to extend its railroad over ^^ extended,
either or both of the bridges which connect the city of '
Portland with Cape Elizabeth, and to construct and main- Rights^ priv.
tain the same in said town, with all the rights and privi- neges, &c.
leges, and subject to all the conditions specified in the act to ^^^^•
which this is additional, upon condition that said corpo-
ration shall locate and build so much of said road as lies
within the limits of the town of Cape Elizabeth, within
two years after the passage of this act.

Sec 2. Section one of said act is hereby amended so ^^^- *^

^ , ,. , , , amended by

as to require the assent of the directors only, where that Act, 1866.
of the corporation is required. • Capital stock

Sec. 3. The capital stock of said corporation is here- ^^SK^ ^^
by increased to the sum of three hundred thousand dollars. ^J by acM^o!

Sec. 4. Said corporation is hereby authorized to oper- Dmnmy en-
ate its road in either or both of said towns of Westbrook gmes, use of,
and Cape Elizabeth, or in said city of Portland, with ^uthorized,
dummy engines, with the consent of the municipal officers
thereof.

Sec. 5. The title of said corporation is hereby amended Corpprate
by striking out the words "and Forest Avenue." changed.

GENERAL RAILROAD ENACTMENTS.

9. The city council of Portland is authorized to sell city may sen
any or all the interests of the city, ©f Portland in the interest in or
stocks, bonds, obligations or mortgages of any railroad & o^jRaUroad,
corporation, now held by the city, on such terms as said or p. &r.
council may determine, and is authorized to unite upon

, ^ . , ., . , 1877, C. 382.

such terms as said council may approve in any plan or
plans for reorganizing the Portland and Ogdeusburg rail-
road company, or the Portland and Rochester railroad
company, or for making available the interests of the

398 EAILROADS.

city in the stock, bonds, obligations or mortgages of
either of said corporations, provided, nothing herein
contained shall authorize incurring any executory obli-
gation or liability, direct or indirect, contingent or
absolute, in behalf of said city.

10. Any stockholder, or representative of an}^ stock-
Any stock- holder, in any railroad company, shall have power to call

holder in a f^j. ^^ gtock vote of such Company at any meeting of the
railroad com- , , , -, « , . . i . .

pany meeting Stockholders of such company, on any question that may
may call for a be legally before such meeting, anything in the charter or

stock "vot©

1872, c. 28. by-laws of such company to the contrary notwithstanding.

11. Any city or town, by a two-thirds vote, at any
irconsfrmjt- ^^^^ meeting called for the purpose, may raise by tax or
ing railroads, loan, from time to time or all at once, a sum of money

R. s.,i87i,c.5i, not exceeding in all five per cent, on its regular valuation
l^' for the time being, and appropriate it to aid in the con-

struction of railroads, in such manner as they deem
proper, and for such purpose may make contracts with
any person or railroad corporation. At such meetings
the l^al voters shall vote by ballot, those in favor of the
proposition voting Yes, and those opposed, voting No.
The ballots cast shall be sorted, counted and declared in
open town meeting, and recorded, and the clerk shall
make return thereof to the municipal officers, who shall
examine such return, and if two-thirds of the ballots cast
are in f^voi* of the proposition, said officers shalh forth-
with proceed to carry the same into effect.
' 12. When the municipal officers of a town deem it

necessary, for public safety, that gates should be erected
erect gates at across a way where it is crossed by a railroad, and that a
railway cross- person should be appointed to open and close them, they
la^r lao ™^y? ill writing, request it to be done ; and in case of
1881,0.48. neglect or refusal, they may apply to the county commis-

sioners to decide upon its reasonableness, who, after
notice and hearing, are to decide. When they decide
that such a request is reasonable, or that a flagman is
necessary for the public safety, at said crossing, they may
order one to be stationed there upon said application,
instead of gates, and the corporation is to comply with it
and pay the costs ; when they decide otherwise, the costs

RAILROADS. 399

are to be paid by the applicants. This act shall apply to
any application for gates now pending before any board
of county commissioners.

13. The buildings of every railroad corporation or as-
sociation, whether within or without the located right of railroads,
way, and its lands and fixtures outside of its located right buildings, &c.
of way, shall be subject to taxation by the several cities '^' '^ '
and towns in which such buildings, land and fixtures may

be situated, as other property is taxed therein.

14. Every corporation, person or association, operat-
ing any railroad in this State, shall pay to the State treas- state Treas-
urer, for the use of the State, an annual excise tax, for urer.

the privilege of exercising its franchises in this State, ii>id. §2.
which, with the tax provided for in section one, shall be
in lieu of all taxes upon such railroad, its property and
stock. There shall be apportioned and paid by the State
from the taxes received under the provisions of this act,
to the several cities and towns, in which on the first day
of April in each year, is held railroad stock hereby ex-
empted from other taxation, such amount.equal to one per
centum on the value of such stock on that day, as deter-
mined by the governor and council ; provided however
that the total amount thus apportioned on account of any
railroad shall not exceed the sum received by the State as
tax on account of such railroad.

15. The amount of the tax shall be ascertained as fol-
lows : the amount of the gross transportation receipts as a^g^rtained
returned to the railroad commissioners for the year end- ibid. § 3.
ing on the thirtieth day of September next preceding the
levying of such tax, shall be divided by the number of

miles of railroad operated to ascertain the average gross
receipts per mile ; when such average receipts per mile
shall not exceed twenty-two hundred and fifty dollars, the
tax shall be equal to one-quarter of one per centum of
the gross transportation receipts ; when the average
receipts per mile exceed twenty-two hundred and
fifty dollars and do not exceed three thousand dollars,
the tax shall be equal to one-half of one per centum of
the gross receipts ; and so on increasing the rate of the
tax one-quarter of one per centum for each additional
seven hundred and fifty dollars of average gross receipts

400

RAILROADS.

Governor and
council to de-
termine
amount of
such tax.

Ibid. § 4.

When payable,
&c.
Ibid. § 5.

Applications
and proceed-
ings for
abatement.

Ibid. § 6.

per mile or fractional part thereof, provided, the rat«
shall in no event exceed three and one-quarter, per
centum. When a railroad lies partly within and partly
without this State, or is operated as' a part of a line or
system extending beyond this State, the tax shall b
equal to the same proportion of the gross receipts in this
State, as herein provided, and its amount determined as
follows : the gross transportation receipts of such railroad,
line or system, as the case may be, over its whole extent,
within and without the State, shall be divided by the total
nftmber of miles operated to obtain the average gross re-
ceipts per mile, and the gross receipts in this State shall
be taken to be the average gross receipts per mile, multi-
plied by the number of miles operated within this State.

IG. The governor and council, on or before the first
day of April in each year, shall determine the amount of
such tax, and report the same to the State treasurer, who
shall forthwith give notice thereof to the corporation, per-
son or association, upon which the tax is levied.

17. Said tax shall be due and payable, one-half thereof
on the first day of July next after the levy is made, and
the other half on the first day of October following. If
any party fails to pay the tax, as herein required, the
State treasurer may proceed to collect the same, with
interest, at the rate of ten per cent, per annum, by an
action of debt in the name of the State. Said tax shall
be a lien on the railroad operated, and take precedence
of all other liens and incumbrances.

18. Any corporation, person or association aggrieved
by the action of the governor and council in determining
the tax through error or mistake in calculating the same,
may apply for an abatement of any such excessive tax
within the year for which such tax is assessed, and if,
upon re-hearing and re-examination, the tax appears to
be excessive through such error or mistake, the governor
and council may thereupon abate such excess, and the
amount so abated shall be deducted from any tax due and
unpaid, upon the railroad upon which the excessive tax
was assessed ; or, if there is no such unpaid tax, the
governor shall draw his warrant for the abatement, to be

RAILROADS. 401

paid from any money in the treasury not otherwise appro-
priated.

19. If the returns now required by law, in relation to

railroads, shall be found insufficient to furnish the basis Dutyof raii-

upon which the tax is to be levied, it shall be the duty roadcommis-

. sioners In

of the railroad commissioners to require such additional ^^^^q cases.

facts in the returns as may be found necessary ; and, iwd. § 7.
until such returns shall ])e required, or in default of such
returns when required, the governor and council shall act
upon the best information they may be able to obtain.
The railroad commissioners shall have access to the books
of railroad companies, to ascertain if the required returns
are correctly made ; and any railroad corporation , asso-
ciation, or person operating any railroad in this state,
which shall refuse or neglect to make the returns required
by law, or to exhibit to the railroad commissioners their
books for the purposes aforesaid, or shall make returns
which the president, clerk, treasurer, or other person
certifying to such return know to be false, shall forfeit
a sum not less than one thousand dollars, nor more than
ten thousand dollars, to be recovered by indictment, or
by an action of debt in any county into which the rail-
road operated may extend.

20. All acts and parts of acts inconsistent with this inconsistent
act, are hereby repealed, except as to all taxes heretofore acts repealed,
assessed, and this act takes effect when proved. iwd. § 8.

21. Any railway corporation^ is hereby authorized to Railway Co.
locate, under the direction of the railroad commissioners, ™ay construct
consti-uct and maintain branch railroad tracks to any muiorman-
mills or manufacturing establishments now or hereafter ufacturing
erected in any town or township, but not within the mgnt.
limits of any city without the consent of the city coun- 1872, c. 219.

cil of said city through which the main line of said
railroad is or may be constructed, and for that purpose
shall have all the powers and rights granted, and be sub-
ject to all the duties imposed upon said corporation by its
charter."^

6 As to law regulating crossings, see R. S., 1871, c. 51, § 13, et seq. ; P. & O. C.
R. R. Co. r. Gt. R. R. Co., 46 Maine, 69; Veazie v. Mayo, 49 Maine, 156.

' As to right to lay side tracks and use of streets ; and as to railroads for
private purposes, see Green v. Portland, 33 Maine, 431 ; Dillon on Mun. Corp.
§ 565, et seq. ; Bangor, O. & M. R. R. Co. v. Smith, 47 Maine, 34 ; State r. Noyes,
47 Maine, 189; State v. Kelsey, 58 Maine, 56.

402

RAILROADS.

Crossing of a
railroad or
canal by a
railroad.

1872, c. 40.

1877, c, 191.

Eepalr of
bridges and
abutments.

Paupers
brought into
State by rail-
road to be
removed.

1875,0.41.

22. A railroad may be carried over or under a canal or
railroad in such manner as not unnecessarily to impede the
travel or transportation of them. The corporation mak-
ing such crossing is liable for damages occasioned by it in
an action on the case. Bridges and their abutments, con-
structed for a crossing of any way, are to be kept in
repair by the corporation, or persons or parties running
trains on any railroad crossing a highway or town way.
The municipal officers of ^any city or town may give notice
in writing to such persons, parties or corporations that a
bridge required at such crossing has not been erected, or
is out of repair, and not safe and convenient, within the
requirements of section forty, chapter eighteen of the
revised statutes, or that the crossing of any such highway
or town way passing such railroad at grade, within their
respective cities or towns, is not made or maintained safe
and convenient, as required by section forty aforesaid ;
and it shall be the duty of such persons, parties or cor-
porations, to erect or repair such bridge, or make such
crossing safe and convenient, as aforesaid, within ten
days from the service of said notice ; and if they neglect
so to do, any one of said municipal officers may apply to
any justice of the supreme judicial court, in term time or
vacation, to compel such persons, parties or corporations
to erect or repair such bridge or make such crossing, as
aforesaid ; and after hearing, such justice or court may
make any order thereon the public convenience and safety
may require, and compel the respondents to comply there-
with by injunctions ; or the said mundcipal officers of any
city or town may, at the expiration of ten days from the
date of the notice aforesaid', cause necessary repairs to be
made, and the expense of making such repairs shall be
paid by the persons, parties or corporations whose duty
it is to keep such crossing safe and convenient.

23. Any common carrier that brings into this State any '
person not having a settlement in the State, shall cause
the removal beyond the lines of the State, of any such
person, if he falls into distress within a year, which
removal said common carriers are hereby authorized to
make : provided, such person shall be delivered on board

RAILROADS. 403

a boat or at a depot of such common carrier, by the over-
seers or municipal oflScers requesting such removal ; and
in default thereof, such common carrier shall be liable in
an action of assumpsit for the expense of the support Of
such person after such default.

24. Whenever any city or town in this State shall in when city or
its corporate capacity, hold one-fifth, or more, of the town is
shares in the capital stock of any railroad incorporated director in a
by the legislature of this State, any citizen of such city railroad,
or town, being a freeholder and resident therein, shall be ^^^*'^- •
eligible as a director of such railroad company.

25. The city council of Portland is authorized to sell Portland

11 i". i.1 • i.-r-»ii.i authorized to

any or all the interests of the city of Portland in the sell its interest
stocks, bonds, obligations or mortgages of an}" railroad in certain rail-
corporations, now held by the city, on such terms as said jgy- c.382.
council may determine, and is authorized to unite upon
such terms as said council may approve, in any plan or
plans for reorganizing the Portland and Ogdensburg Rail-
road Company, or .the Portland and Rochester Railroad
Company, or for making available the interests of the city
in the stocks, bonds, obligations or mortgages of either of
said corporations, provided, nothing herein contained
shall authorize incurring any executory obligation or lia-
bility, direct or indirect, contingent or absolute, in behalf
of said city.

404 EAILROADS.

Orders and Ordinances.

PORTLAND AND FOREST AVENUE RAILROAD. ^

1. Ordered, That the tracks of the Portland and

Location of i n i i i •

tracks. Forest Avenue Raih'oad Company shall be located in

Order May 26, the City of Portland as follows ; but upon the express
Rev.ord. 1868. couditiou to the location, that said railroad company
shall, at all times after the rails are laid down, keep
in good order and complete repair, at their own
expense, that portion of all streets through which the
said rails are or may be laid, lying between the rails,
and also that portion of the street lying outside of the
. rails and adjacent thereto, extending one foot and a

half from and outside of each rail, throughout the
whole length of said railroad in the streets of the city
of Portland ; and also that the work of laying down
the tracks and rails of said road shall be done under
the direction and to the satisfaction of the municipal
officers, and also the form and kind of rail, to be used
shall be satisfactory to said municipal officers and
approved by them.
Routes of road ^' ^^^^ location beginning at or near the depot of
the Atlantic & St. Lawrence railroad, and thence
extending with one track over the following streets :
viz: up India street to its junction with Middle,
thence from the junction of India and Middle streets,
up Middle to the head of Preble street, thence from
the head of Preble street over Preble street to Port-
land street, thence from the junction of Preble and
Portland streets over Portland street to its junction
with Parris street, thence from the junction of Port-
land and Parris streets over said Parris street, to its
junction with Kennebec street, thence from the junc-
tion of Parris and Kennebec streets over said Kenne-

8 For orders in relation to tlie West-End Street Railway, see city records,
Booli 20, p. 356, and for charter of same, see private laws of 1881. For char-
. ter of "Portland and Deering" Railroad, see private laws, 1873, c. 394, and
1878, c. 31.

JIAILROADS. 405

bee street to Green street, thence from the junction
of Kennebec and Green streets over Deering's bridge,
to the line of Westbrook. And diverging from this
route in Congress street near the head of Preble
street, and extending therefrom by two tracks over
said Congress street to the head of High street,
thence from the junction of Congress and High streets
Tvith one track over High street to Spring street,
thence from the junction of High and Spring streets
over Spring street to Clark street, thence from the
junction of Spring and Clark streets over Clark street
to Pine street, thence from the junction of Clark and
Pine streets, over said Pine street to Congress street,
thence from the junction of Pine and Congress streets
over Congress street to the head of High street, so
as to connect with the tracks hereinbefore specified,
and extending to the head of Preble street, and
thence by one track from the junction of Congress
and Preble streets over said Congress street to Atlan-
tic street; also diverging from Congress street in
front of the new city building at the head of Ex-
chanfje street, and extendinor over said Exchansre
street to Middle street, with such turnouts as may

" '^'^° outs.

be necessary for the safe and convenient operation of
said road, and for reaching their car houses, as may
be approved by the municipal officers.

3. The tracks of said railroad shall be laid in or Tracks to be
near the centre of the streets above named and to laid in or near
such grades as shall be determined by the municipal streets,
officers ; and the curves around the corners of all

streets shall be located by the city engineer under Grades and
the direction of the municipal officers, Avith the ^^^®^-
co-operation of the directors of said railroad com-
pany.

4. And this location is granted upon the express constrhcuonof
condition that in the construction of said tracks, tracks.

406 EAILROADS.

blocks of stone of the alternate length of eighteen and
twenty inches, measuring from the rail outward, and
otherwise of such quality, form and size as the muni-
cipal officers may direct, shall be laid down outside of
each rail ; and upon the further condition, that said
railroad company, shall, at their own expense, pave
between their double tracks, wherever double tracks
are laid, and also between their rails throughout the
whole leno^th of said railroad in the streets of the
city ; said pavement to be, until otherwise ordered,
fair quality round beach paving stone, and to be laid
to the satisfaction of the municipal officers ; and upon
the further condition that whenever there shall be
snow or ice in said streets to the depth of six inches
or less, said railroad company may remove the same
from their tracks, by shovels or by using such kind
of snow plough as the street commissioner shall
approve of provided they level it olF and grade out-
snowandice. ^{^q of their rails, so as to allow sleighs and other
vehicles to pass along said streets and over their rails
with safety and convenience. But whenever there is
solid snow or ice exceeding the depth of six inches
in said streets, then said railroad company shall not
be allowed to remove the same from their rails with-
out first obtaining the consent of the street commis-
sioner, approved by the municipal officers, and then
only upon condition that they haul it off and grade
the streets wherever said snow or ice is so removed,
to the satisfaction of the street commissioner. But
if their consent for removing said snow or ice is re-
fused, then said railroad company is authorized to
use a sufficient number of sleighs, or mount their
cars on runners, to convey passengers over their road
until the cars can be used on their tracks.

RAILROADS. 407

And upon the further condition that said railroad
company shall faithfully observe and obey the follow-
ing rules and regulations in using their road, viz :

I^irsf. That no car shall be drawn at a greater Rules and
speed on their road than six miles an hour. regulations.

Second. That while the cars are turaing the cor-
ners from one street to another, the horses shall not
be driven faster than a walk.

Third. The cars driven in the same direction shall
not approach each other within a distance of three
hundred feet, except in case of accident or at stations.

Fourth. That cars running in different directions
shall not be allowed to stop a!)reast each other except
at stations.

Fifth. That no car shall be allowed to stop on a
cross walk nor in front of. an intersecting street,
except to avoid collisions or prevent danger to persons
in the street.

Sixth. That in case the conductor of any car is
required to stop at the intersection of two streets to
receive or land passengers, the car shall be so stopped
as to leave the rear platform slightly over the last
crossing.

Seventh. That the conductor and driver of each
car shall keep a vigilant watch for all teams, carriages,
persons on foot, and especially for children, and upon
the least appearance of danger to such teams, car-
riages, persons or children, the car shall be stopped
in the shortest time possible.

Eighth. That the conductors do not allow ladies or
children to enter or leave the cars while in motion.

JS'inth. That no salt or other article shall be used
in removing snow or ice from their tracks, which may
prove injurious to sleighs or other vehicles crossing
them, without the consent of the municipal officers.

408 EAILROADS.

Tenth. That a printed copy of these rules and
regulations shall be put up and kept in a conspicuous
place inside of every car used on their road.

And also upon the further condition that said rail-
road company shall accept the location hereinbefore
specified, and agree to the several provisions, condi-
tions and regulations connected with the same, within
one month from March 1, 1863, and said company
shall file in the oflSce of the city clerk, a duly certified
copy of the vote agTeeing to this location, with its
conditions and regulations, within said one month,
and make and complete, and put in running order
said raih'oad in two years from said date, otherwise
such portion as is not then made shall be null and
void.

And also upon the further condition that said rail-
road company shall comply with and obey any and all
other rules, regulations, orders, ordinances, or require-
ments which have been adopted, or may be adopted
at any time hereafter by the municipal oflicers of
Portland in relation to said railroad, or to the streets
through which the tracks thereof are laid, not incon-
sistent with the rights herein granted.

And upon the further condition that any similar
corporation hereafter incorporated, which shall con-
struct its railroad in any of the streets of the city of
Portland, where the Portland and Forest Avenue
railroad company have no track, may enter upon and
connect with and use the track of said Portland and
Forest Avenue railroad company for such rates of
compensation as may be mutually agreed upon, and
in case of disagreement of the directors of said com-
panies, three disinterested persons shall be appointed
by a judge of the Supreme Court, upon the applica-
of either party and due notice to the other, who
shall upon hearing, fix said rates of compensation and
determine all matters in dispute between said compa-

RAILROADS. 409

nies, and the services of said commissioners shall be
paid in equal proportions by said companies.

And it is expressly understood that the municipal
officers reserve all the rights and powers granted
them by the second, third, and seventh sections of
the act incorporating said company ; and that none of
said rights or powers so granted shall be deemed to
be in any way waived, limited or qualified by any-
thing contained in this order.

5. Ordered, That the Portland and Forest Avenue
Railroad Company be, and they are hereby authorized Additional
to extend the location of their railroad from their location.
present terminus on Clark street, over and upon order, Dec. ;,
Spring street to Bowdoin street, upon the same terms

and conditions, and with the same restrictions and
limitations as are now granted by the terms of the
original location of said road.

6. Any person wilfully placing an obstruction of obstructions,
any kind upon the rails of the Portland and Forest ^^ g^p^ 5
Avenue railroad, in the streets of this city, shall be ^^•
punished by fine not exceeding twenty dollars.

Note.— The conditions of acceptance by the company, were complied
with by the properly attested papers received and placed on file at city
clerk's office, March 23, and April 24, 1863.

410 RAILROADS.

AGREEMENT OF CITY OF PORTLAND WITH
ATLANTIC AND ST. LAWRENCE RAILROAD COMPANY
OF OCTOBER 31, 1868. .

Agreement entered into on the thirty-first day of
October, 1868, between the city of Portland and the
Atlantic and St. Lawrence Railroad Company under
authority of an act of the Legislature of Maine,
passed March 3, 1868, entitled "An Act making
further provisions respecting the loans of credit
heretofore made by the City of Portland to the
Atlantic and St. Lawrence Railroad Company."
Whereas the city, heretofore, under the several acts
of August 1, 1848, and July 27, 1850, issued and
delivered its bonds to said Company, which were
negotiated for the use of the Company, in aid of the
construction and equipment of its Railroad, and were
issued and dated as follows, namely :

Under act of Aug. 1, 1848.
On the first day of December, 1848, $200,000

On the first day of May, 1849, 100,000

On the first day of August, 1849, 100,000

On the first day of November, 1849, 75,000

On the first day of February, 1850, 200,000

On^the first day of July, 1850, 200,000

On the first day of November, 1850, 75,000

On the first day of January, 1851, 50,000

In all, - - - - $1,000,000
And under the act of 1850, on the first day of
February, 1851, in all, $500,000 ; all of which bonds
were payable in twenty years from their respective
dates, and are now outstanding ; And the railroad
company, at the several dates of the aforesaid issues,
gave to the city, as required by law, its several obli-
gations, under the seal of the company and signatures
of the directors, for the same several amounts, con-
ditioned in substance, that the company would pay

RAILROADS. 411

the interest a;id principal of all said bonds, as the
same should become payable and mature and wcAild
save and hold the city harmless on account of the
issue of the same ; And, whereas, the railroad com-
pany, afterwards, as required by the act of 1850, on
the third day of February, 1851, executed and
delivered to the city a mortgage of all its railroad
property and franchise, for security of performance
of all the several obligations so given by the company
to the city and for the enforcement of the lien given
by law to the city upon the said railroad property
and franchise, and afterwards on the third day of
April, 1853, in pursuance of a covenant in said mort-
gage executed and delivered to the city another
mortgage on the same railroad property and franchise
as then existing for further assurance and additional
security for performance of the same conditions ;
And whereas, it was further provided by said acts of
1848 and 1850 that sinking funds should be estab-
lished for the redemption of the bonds so issued by
the city, which sinking funds were in fact so estab-
lished, and had accumulated, on the 31st day of July
last and to the sum of $455,290.73, for the fund
under the act of 1848, and to the sum of $204,806.80,
under the act of 1850, and it has now become evident,
that the said funds will not, nor will either of them,
at the maturity of the city bonds aforesaid, be of
suflScient amount to redeem in full the city debts, to
which the same are applicable, but will amount sev-
erally, to very nearly one half of the respective
debts ; And w^hereas, the railroad company has
represented to the city, that it will be unable to ful-
fil its obligations so given* to the city by paying the
principal of the city bonds aforesaid at maturity
beyond the amount that the respective sinking funds
will supply therefor, and it appears that the city will
be obliged to pay the balance of said bonds, over and

412 RAILROADS.

above the amount applied from the sinking funds
towards redemption of the same, and will thereupon
become entitled to demand from the company the
immediate reimbursement of such balance and in case
of failure to make such reimbursement, will be
entitled to pursue and enforce all its remedies, under
the said acts of 1848 and 1850, for such default, and
the railroad company in view of the premises, has
requested the city to grant to it and its assigns, an
extension of the coiiipany's several obligations afore-
said, and an extension of the mortgage given for
security of the same, for all the amount of the prin-
cipal of the bonds, which the city will be obliged to
pay; and the parties have united in procuring the
enactment of the aforesaid act of March 3, 1868, to
provide the requisite legal authority and power for
such arrangements as require to be made by the city,
in this behalf; And whereas, it is contemplated by
the parties to this agreement that the commissioners
of the sinking fund established under the acts of 1848
and 1850, at the several times of the maturity of the
city debts aforesaid, will be authorized to apply and
will apply out of such respective funds portions of
the same, towards the redemption of the city debts
so maturing corresponding to the proportions w^hich
. the whole respective funds, as then existing, shall
bear to the whole of the respective city debts to be
redeemed, it being now estimated that the said pro-
portion will be one-half part, very nearly, and the
parties have agreed that they will unite, if necessary,
in*such proceedings as may be suitable and requisite
to give the commissioners full authority to apply
the existing sinking funds in such proportional parts.
Now, in consideration of the premises, in pursuance
of the representation and request so made by the
railroad company, and under the authorit}" of the
acts of March 3, 1868, subject to all the limitations,

RAILROADS. 413

conditions and restrictions of said act, the city here-
by agrees that it will grant an extension of the
balance aforesaid of the company's obligations herein-
before mentioned, and an extension of the mortgage
given for security of performance thereof; which
extension shall be for the term of eighteen years from
the first day of January, 1870, for all the balance of
the obligations so given by the company to the city
under the act of 1848, and for^the term of eighteen
years from the first day of February, 1871, for all
the balance of the obligations so given under the act
of 1850. And this agreement for extension shall be
subject to all the aiTangements, conditions and stipu-
lations hereinafter provided and expressed, as follows,
that is to say.

1. The railroad company engages, that notwith-
standing anything contained in this agreement, it will
continue to provide for and pay the interest which
shall accrue and be payable in all the now outstand-
ing bonds of the city, issued under the acts of 1848
and 1850, until the maturity of the principal of the
same, and that it will continue to make all such con-
tributions, as it is by law required to make, to the
sinking funds established under those acts ; and in
case of default in either of these engagements, the
city is to be at liberty to terminate the extension
hereby gi-anted, and may resoi-t to" all the legal
remedies for such default, provided and existing
under the acts of 1848 and 1850.

2. The railroad company further engages, that it
will, semi-annually, provide for and pay to the city,
or deposit to the use of the city, at such place as the
city treasurer shall appoint, the accruing interest
upon all the unsatisfied balance of the company obli-
gations given to the city as aforesaid, so long as any
such balance shall remain undischarged : and that it
will make and pay all the contributions required by

414 RAILROADS.

the act of March 3, 1868, to be made to the new
sinking fund established by that act; and in case of
default in either of these engagements, the city shall
be at liberty to terminate the extension hereby
granted, and may resort to its legal remedies provided
and existing under the acts of 1848 and 1850 for
enforcement of the company's obligations aforesaid.

3. And inasmuch as it is understood by the parties,
that the city will be obliged to issue its new bonds to
an amount equal to the unsatisfied balances of the
company's obligations aforesaid, for the purpose of
raising money to discharge a corresponding balance
.of its prior bonds issued under the acts of 1848 and
1850, the railroad company in consideration of the
extension hereinbefore agreed to be given, engages
that it will pay to the city all the costs of preparing
and issuing such new bonds, and of negotiating the
same, and will make up to the city any loss that may
be sustained l)y discount in negotiating the same ;
and the city engages that it will ofler to the railroad
company the option of procuring the negotiation of
the same at seasonable times and at the most favora-
ble rates to be obtained in the market.

4. All the sums whictt shall be applied by the com-
missioners of the sinking fund, under the acts of 1848
and'1850, towards the redemption of the bonds issued
under these acts, shall be a discharge of so much of
the railroad company's obligations aforesaid, and shall
be appropriately indorsed thereon.

5. And the parties to this instrument further agree,
that their intention is to provide for the ultimate
performance and payment of all the balances of the
company's obligations aforesaid in the manner which
shall be least burdensome and most advantageous to
the parties, but without pecuniary loss or detriment
to the city, in any event, and without diminishing or
impairing any security held by the city ; and that in

KAILROADS. 415

case of any want of authority in the commissioners of
the sinking fmids under the acts of 1848 aud 1850,
to apply these funds in the names now contemplated
and expressed in this instrument, or, in case of any
other legal difficulty or impediment in effecting the
object or intent of the parties, by the particular
arrangements, now made therefor, they will nego-
tiate further thereon, and will use all their reasonable
and lawful endeavors, and enter into allsuch further
proceedings and agTcements as may be necessary and
deemed adequate to accomplish the ti-ue mtent, mean-
ing and object of this agreement as hereinbefore
declared.

In witness whereof this agreement is subscribed in
behalf of the city, by Jacob McLellan, mayor, duly
authorized by a vote of the city council passed on the
17th day of September, 1868, and in behalf of the
railroad company by St. John Smith, president, duly
authorized by a vote of the directors passed on the
twenty-second day of October, 1868, — and the said
parties have hereto affixed their respective seals this
thirty-first day of October in the year of our Lord
one thousand eight hundred and sixty-eight.

Signed, sealed and delivered.

Rebuilding of the Burned
District.

AFTER THE GREAT FIRE OF 1866.

Statutes.

1. Bonds of city; amount and when payable.

2. Commissioners to negotiate loan.

3. Commissioners may loan on mortgages of real estate.

4. Interest upon loans.

5. Sinking fund. Moneys on hand, how to be invested.

6. Vacancies in board of commissioners, how filled. Remov-
als, how made. Succession in management of property.

7. Duties of city treasurer.

8. Accounts, records and reports, how and when made.

9. Acceptance of act by citizens.
10. Bonds may be cancelled.

ORDER OF CITY COUNCIL.

1. Relating to bonds.

Statutes.
1. For the purpose of aiding in rebuilding said city, so
amount and much of which was recently destroyed by fire, the city of
when payable. Portland IS authorized to issue its bonds to an amount
^ha'tSs'sTS ^^* exceeding two millions of dollars, payable in not ex-
390. ceeding twenty years from their date, and bearing an

interest at the rate of six per centum per annum, payable
at the option of the commissioners in any place in the
United States, or payable in England in sterling.
Commissioners ^' -^ board of four commissioners, citizens of said city,
to negotiate shall be appointed by the mayor and aldermen of said
°*^* city. Each of said commissioners shall give bond to the

city, in such sum as the mayor and aldermen shall deter-
mine, conditioned for the faithful discharge of his duty as
commissioner. They shall receive such compensation for
sation and^° their services as shall be established by the mayor and
duties. aldermen. The bonds issued by virtue hereof, shall be

Bonds of city,

REBUILDING, ETC. 417

negotiated by said commissioners, under the direction of Act 1867, c. 373.
the mayor, and delivered by the city treasurer upon the
warrant of the commissioners.

3. The said commissioners, under such general regula-
tions as shall be established from time to time by the May loan upon
mayor and aldermen of said city, shall loan the proceeds ^^j Ste °
of said bonds in a safe and judicious manner, upon Acts, i867,
mortgages of real estate, for the purpose of building chapters 373,
dwelling-houses, stores and buildings, in said city of
Portland.

4. Upon all loans made by said commissioners under interest upon
this act, they are hereby authorized to charge, take or re- ^°*°®'
serve, a rate of interest not exceeding seven and three- ^^^"^ ''^' ' "
tenths per centum per annum.

5. For the purpose of the payment of the bonds issued
under this act, a sinking fund shall be established, to be
under the direction of said commissioners. All payments
of loans, all receipts of interest above interest paid, after
payment of necessary expenses, and all other moneys re-
ceived, excepting from the sale of said bonds, shall be
placed to the credit of said sinking fund. The commis-
sioners shall from time to. time at their discretion, invest

the moneys on hand, securely, so that they shall be pro- investedin
ductive ; and the same may be loaned on mortgages of securities,
real estate, as provided in section three of this act, or gonveved^^*^
invested in the bonds issued under this act, or any other r^j^j
bonds of the city of Portland, or of the State of Maine,
or of the United States, which securities shall be held for
the increase of the sinking fund. And the commissioners
may, from time to time, sell or transfer any of said se-
curities.

6. Vacancies in the board of commissioners shall be Vacancies, how
filled by the remaining or surviving commissioners. Said *^^^^'
commissioners, or any of them, shall not be removable ^^^J^^^^' ^^^
from office, except by the supreme judicial court, in their
discretion, upon complaint of the mayor and aldermen of

said city, which court is hereby empowered to adjudicate
upon said complaint according to the course of proceed- succession in
ings in equity, and to pass all proper decrees touching management
the same. Vacancies thus created shall be filled as above ibid.

418

KEBUILDING, ETC.

Duties of city
treasurer.

Ibid.

Accounts,
records and
reports, how
and wiien
made.

Ibid.

Acceptance of

Act by citi-
zens.

Bonds may be
cancelled.

Act of 1873,
C.256.

provided ; and as often as any new commissioner or com-
missioners shall be appointed, the management of the
property then held shall rest by operation of law in such
new commissioner or commissioners, jointly with the prior
commissioners.

7. Tlje city treasurer shall have the care and custody
of all moneys received from the sale of bonds, or from
any other sources, and shall be responsible on his official
bond, to the city for the safe keeping of the funds thus
entrusted to him. He shall also have the care and
custody of, and be responsible for, all the securities of
the sinking fund. He shall pay out and deliver any of
said moneys or securities only upon the warrant of the
commissioners.

8. The said commissioners shall keep a true record of
all their proceedings, and an account of all sums received
from the sale of bonds or from any other sources, and
the payments made of the same. They shall, annu-
ally, in the month of January, report to the city council
their proceedings for the year. And their records and
accounts and the accounts and securities of the sinking
fund, shall at all 'times be open to inspection by the finance
committee of the city council.

9. This act^ shall not take effect unless accepted by
the legal voters of said city, at ward meetings duly called,
and at least two-thirds of the votes cast at said meetings,
shall be necessary for the acceptance of the act.

10. The commissioners of the Building Loan of the
city of Portland, with the consent of the city council of
Portland, are authorized from time to time to cancel as
paid, any or all bonds issued by the city of Portland, in
pursuance of the acts authorizing such building loan,
whenever any of such bonds are held or purchased by such
commissioners.

1 The act was accepted March 15, 1867, and March 20, 1867, Woodbury
Davis, Eben Steele, Ambrose K. Shurtleff and Weston R. Millikin were ap-
pointed commissioners. »

REBUILDING, ETC. 419

Order.
1 . Ordered, That in accordance with the act of the Relating to
legislature of this State, approved February 28, 1867, ^<»°**^-
entitled "An act to enable the city of Portland to aid
in rebuilding said city," the treasurer be, and he is
hereby authorized to issue the bonds of the city in
sums of not less than one thousand dollars each, from
time to time, as may be required by the commission-
ers appointed under said act, to an amount not
exceeding the sum authorized by said act, at the rate
of interest of six per cent, per annum, payable in
twenty years from this date, both principal and
interest pa^-al^le in lawful money of the United States
of America, and at the option of the said commis-
sioners at any place within the United States. Each
bond aforesaid shall be signed by the treasurer,
countersigned by the mayor, attested by the city
clerk with the seal of the city, and also countersigned
by one or more of the commissioners under said act ;
but the coupons shall be signed by the treasurer only.

Riots.

Statutes.

1. Unlawful assembly and riot.

2. One person may be convicted, without the others.

SUPPRESSION OF MOBS BY OFFICERS AND ARMED FORCE.

3. Duty of magistrates and officers to disperse unlawful

assembly of twelve or more ; refusal to assist them, or
to disperse when ordered ; neglect of duty by magis-
trates and officers.

4. When rioters refuse to disperse, magistrates and officers

to call out armed force.
' 5. If any person is killed or wounded, magistrates and offi-
cers held guiltless ; liability of the persons unlawfully
assembled or refusing to assist in like case.

PUNISHMENT AND REMEDY FOR INJURIES BY MOBS.

6. Punishment and civil remedy for pulling down houses or

premeditated personal injuries.

7. Extent of liability of towns for injury to private property

by mobs, and their remedy against the wrong-doers.

Ordinance.

1. In case of riot, duty of city marshal, &c.

Statutes.

1. If three or more persons assemble in a violent or

Unlawful tumultuous manner to do an nulawful act, or, being

assem y an^ together, make any attempt or motion towards doing a"

R s 1871 lawful or unlawful act in a violent, unlawful, or tumult-

c. 123, §2. uous manner, to the terror or disturbance of others, they

shall be deemed guilty of an unlawful assembly ; if they

commit such acts in the manner and with the effect

aforesaid, they shall be deemed guilty of a riot, and be

punished in either case, by imprisonment less than one

year, and by a fine not exceeding five hundred dollars ;

1 state V. Snow, 18 Maine, 346; State v. Straw, 33 Maine, 554; State v. Boies,
34 Maine, 235.

&c.
Ibid. § 4.

RIOTS. 421

and in case of a riot, each ofiender shall also suffer such
punishment as he would be liable to if he had committed
such act alone.

2. Any person engaged in an unlawful assembly or one person

riot, may be indicted and convicted thereof alone, if it is maybecon-
' -^ . 1 , victed, with-

alleged in the indictment and proved at the trial that out the others-

three or more were engaged therein, and if J^nown, they ibid. §3.

must be named, but if unknown, that fact must be alleged.

SUPPRESSION OF MOBS BY OFFICERS AND ARMED FORCE.

3. When twelve or more persons, any of them armed D^ty of magis-
with clubs or dangerous weapons, or thirty or more, trateandof-
armed or unarmed, are unlawfully, riotously, or tumult- *^^emiiaw
uously assembled in any town, it shall be the duty of fui assembly,
each of the municipal officers, constable, and justices of
the peace thereof, and of the sheriff of the county and his
deputies, to go among the persons so assembled, or as

near to them as they can safely go, and in the name of
the State, command them immediately and peaceably to
disperse ; and if they do not obey, such magistrates and
officers shall command the assistance of all persons
present in arresting and securing the persons so unlaw-
fully assembled ; and every person refusing to disperse,
or to assist as aforesaid, shall bfe deemed one of such
unlawful assembly, and punished by a fine not exceeding
five hundred dollars, and imprisonment less than one
year ; and each such magistrate or other officer, having
notice of such unlawful assembly, in his tOwn, and refus-
ing or neglecting to do his duty in relation thereto as
aforesaid, shall be punished by a fine not exceeding three
hundred dollars.

4. When persons so riotously or unlawfully assembled,
neglect or refuse, on command as aforesaid, to disperse refuse to dis-
without unnecessary delay, any two of the magistrates, perse, &c.
or officers aforesaid, may require the aid of a sufficient iwd. §5.
number of persons in arms or otherwise, and proceed in
such manner as they judge expedient, to suppress such
riotous assembly, and arrest and secure the persons com-
posing it ; and when an armed force is thus called out,

422

RIOTS.

Jf any person '
is killed or
wounded, of-
ficers held
guiltless, &c.

Ibid. § 6.

they shall obey the orders for suppressing such assembly
and arresting and securing the persons composing it,
which they receive from the governor, any judge of a
court of record, the sheriff of the county, or any two of
tiie magistrates or officers mentioned in section four.

5. If, in the efforts made as aforesaid to suppress such
assembly, and to arrest and secure the persons composing
it who refuse to disperse, though the number remaining is
less than twelve, Lny such persons, or any persons present
as spectators or otherwise, are killed or wounded, said
magistrates, officers, and persons acting with them by
their order, shall be held guiltless and justified in law ;
if any of said magistrates, officers, or persons thus act-
ing with them, are killed or wounded, all persons so
unlawfully or riotously assembled, and all other persons
who refused when required, to aid such magistrates and
officers, shall be held answerable therefor.

Punishment
for- pulling
down houses
or premedita-
ted personal
injuries.

Ibid. § 7.

Liability of
towns for in-
jury by mobs,
&c.

Ibid. § 8.

PUNISHMENT^ AND PvEMEDY FOR INJURIES BY MOBS.

6. If any persons, thus unlawfully and riotously assem-
bled, pull down, or begin to pull down, or destroy any
dwelling-house, building, ship or vessel ; or perpetrate
any premeditated injury, not a felony, on any person,
each shall be punished by imprisonment not more than
five years, or by a fine not exceeding five hundred dol-
lars ; and shall also be answerable to any person injured,
in an action of trespass to the full amount of damages by
him sustained.

7. When the injury to any property as described in
section seven [section above] amounts to fifty dollars or
more, the town where such property is situated shall
indemnify the owner thereof for three-fourths of the
value of such injury, to be recovered iu an action on the
case, if he uses all reasonable diligence to prevent such
injuries, and to procure the conviction of the offenders ;
and the town paying such sum may recover it in an action
on the case against the persons doing the injury.

2 For Statutes forbidding prize fights, game cock fights, &c., see acts 1873,
c. 146.

RIOTS. 423

Ordinance.
1. In case of any riot, or unauthorized and tumult- in case of riot,
uous collection of persons, within the limits of the officers to re-
city, it shall be the duty of the city marshal, pair to place
deputy marshals, policemen, watchmen and constables „ ^ '

^ '^ , ^ . Rev. Orel,, 1868.

of the city, as soon as they are informed of the same,
to repair immediately to the place where said riot or
tumult may be, and report themselves to the mayor,
or in his absence, to the city marshal, and they shall
use all the power and authority vested in them by the
ordinances of the city, or laws of this State, quickly '^anramhori'^
to separate and disperse said mob or tumultuous to disperse
collection of persons, or to arrest and bring them to ^^ '
trial for said offense, as the case may require, to
protect the persons and property of the citizens from
injury, and to do all other matters and things which
may be commanded them by the mayor or city
marshal.

Sale of Second-liaiid
Articles, Junk, &c.

Statutes.

1. Mayor, &c., may license junk shops, &c.

2. Licenses to designate place of business.

3. Liability of persons not licensed. Penalty.

4. Any city may establish ordanances regulating.

Mayor and ai- i. The mayor and aldermen of the city of Portland,
thorized to ^lay license such persons as they deem suitable to be
grant licenses keepers of shops for the purchase, sale, or barter of junk,
c^rtainTur-^^ ^^^ metals, boncs, rags, or of any second hand articles,
poses. and to be dealers therein.

63*'^^^'^^^^ 2. The licenses to such persons shall designate the
place where the business is to be carried on, and the per-
piace of busi- ^^^^ licensed shall be subject to such conditions, restric-
ness, &c. tions and regulations as may be prescribed by the mayor
Ibid. and aldermen of said city, and the license shall continue

in force for one year, unless sooner revoked.
Persons not 3. No person, unless licensed as aforesaid, shall keep

hc^ensed, lia- ^^^ ^^^^ ^^, place for the purchase, sale or barter of the
articles aforesaid, or for the storage thereof, or be a deal-
er therein ; nor shall any person so licensed, keep such
shop, or be a dealer in said articles, in any other place or
—license re- manner than as is designated in his license or after notice
Toked, liable, iq ]^[jj^ that said license has been revoked, under the pen-
Penaity. alty of twenty dollars for each offence, to be recovered

ered. ^J Complaint in the municipal court for said city or by

ji,i(j indictment.

SALE, ETC. 425

4. Any city may establish ordinances regulating the citymayestab-
purchase and sale of old junk, metals and other articles lishordinan-
usually bought by old junk dealers, and may therein pre- ^^ reguiat-
scribe such conditions to be observed by buyers and sellers issi, c. ii.
as the city oflScers may deem best, to prevent or detect
the sale or purchase of stolen goods ; and suitable penal-
ties may be prescribed in such ordinances for any viola-
tion thereof.

Scliools.

Statutes.

1. Towns may determine number and limits of school districts.

2. Towns may choose agents ; vacancies how filled.

3. School money shall be paid only on written order of town

officers.

4. School money in Portland, how paid.

5. Towns may abolish districts. Property to be appraised.

Powers to continue for certain purposes.

6. Towns to raise not less than eighty cents per inhabitant.

7. Towns may provide school books.

8. Apportionment of school money, among the smaller

districts.

9. Towns may choose committee or supei-visor. Who may

appoint one of their number to act. Penalty.

10. Compulsory attendance of children twelve weeks in a

year.

11. Mill tax for supporting schools.

12. Mill tax, how assessed and collected.

13. , Mill tax, distribution of.

14r. Mill tax, unexpended portion, to be added to fund.

15. Towns to make by-laws concerning truants, and certain

children not attending school, to be approved by judge
of supreme court. Penalty for breach thereof.

16. Shall appoint persons to make complaints of violation of

by-laws.

17. Truant children may be placed in suitable institutions.

SCHOOL COMMITTEE OF PORTLAND.

18. School committee of Portland, how constituted.

19. School committee of Portland, to reside in city irrespective

of wards.

20. School committee of Portland, vacancy, how filled.

21. School committee of Portland, powers and duties of.

22. School committee of Portland, powers not specially con-

ferred, vested in city council.
.23. School committee of Portland, certain acts regarding
repealed.

SCHOOLS. 427

GENERAL POWERS AND DUTIES OF SCHOOL COMMITTEES.

24. School committees to be sworn.

25. Committee when first chosen to arrange terms of office.

26. Their duties.

27. They shall make annual statements.

28. Agents sometimes authorized to employ teachers. Dis-

trict agents may also be authorized.

29. Agent to return lists to school committee.

30. Duty of committee, if agent neglect to act. Committee

to return list to assessors.

31. Committee to furnish books if parents or guardians neg^

lect.

32. Compensation of committee or supervisors.

33. Duty of assessors or municipal officers.

34. Duty of State Superintendent in regard to above section.

DUTIES AND QUALIFICATIONS OF INSTRUCTORS.

35. Teachers to keep school register. Not to be paid till

36. Teachers to inculcate justice, morality and patriotism.

37. Penalty for disturbing schools.

38. Parents or guardians liable.

39. Defacing school houses. Penalty.

40. Innholders and shopkeepers not to give credit to students.

41. School exercises. Resolve relating to.

Ordinances.

1. Committee to elect and remove teachers, determine their

salaries, &c.

2. Salaries to be apportioned so as not to exceed appropria-

tion.

3. Persons not vaccinated, not permitted to attend public

schools.

4. Committee may cause scholars to be vaccinated at city

expense.

TRUANTS.

5. Children between eight and sixteen required to attend

school.

6. Punishment for not attending sehool.

7. Truant officer to be appointed.

8. What provided as suitable places of punishment.

9. Habitual truants, how punished.

10. Same subject.

SUPERINTENDEN'T OF BUILDINGS.

11. School buildings, superintendent, appointment of.

428 SCHOOLS.

12. School buildings, superintendent, duties of.

13. School buildings, superintendent, same subject.

14. School buildings, superintendent, same subject.

NON RESroENT SCHOLARS.

15. Non resident children to be admitted to schools under same

circumstances.

Statutes.

1. A town at its annual meeting,^ or at a meeting called
for that purpose, may determine the number and limits of

Towns may ^^-J^g gchool districts therein, but they shall not be altered,
determine the t j

number and discontinued or annexed to others, except on the written
limits of recommendation of the municipal officers and superin-

tricts. tending school committee, accompanied by a statement of

facts, and on conditions proper to preserve the rights and
obligations of the inhabitants ; but when in the judg-
ment of the board consisting of the municipal officers
and superintending school committee or supervisor, the
School in a number of scholars in any district becomes too few for

disti'ictmay ^j^g profitable expenditure of the money apportioned to
be suspended. ^ ^ j i l

said district, said board may suspend the school in said

district, and cause the money to be expended, for the

benefit of the scholars in said district, in the adjoining

district or districts. Said board shall make a record of

its decision in relation to the school in said district, sign

the same and cause it to be recorded by the town clerk,

and such decision shall remain in full force until annulled

How part of by vote of the town , or by the action of a subsequent board.

money may be Said board may reserve not more than one-half of the

expended. .

Act 1880, c. 181. money appropriated to such districts, to be expended, in
their discretion, for the conveyance of children of such
'SSIe'gLts. ^^«^^'i^t« to ^^^^ f^om school.

^iied^^^^'*^^^ 2. A town, at its annual meeting, may choose its school
R.S., 1871, e. 11, agents ; and vacancies may be filled as in case of other

School money town officers not chosen by ballot.^
shall be paid o tvt '.•,..■, -,

only on writ- o. JNo money appropriated to the use and support of

town^officers public schools Under the laws of this state shall be paid

from the treasury of any city, town or plantation, except

» Webber v. Stover, 62 Maine, 512; Whitmore v. Hogan, 22 Maine, 564.

2Dore V. Billings, 26 Maine, 56; Tucker v. Wentworth, 35 Maine, 393;
School district v. Deshon, 51 Maine, 454.

SCHOOLS. 429

upon the written order of the municipal officers thereof ; oct. i877, c. i96.
and no order for. the payment of such money shall be ™|s^orjSpiy
drawn by the said municipal officers, except upon presen- sefnSf §
tation of a properly avouched bill of items.

4. All moneys appropriated for the use and support of School money
public schools in the city of Portland, shall be paid by the ^^w mid!^ '
treasurer of the city, upon the account being approved by Act 1879, c. i3i.
the mayor and committee of accounts for the city of
Portland. The provisions of chapter one hundred and
ninety-six of the public laws of eighteen hundred and sev-
enty-seven, shall not apply to the city of Portland.

5. A town may abolish- the school districts therein, and

shall thereupon forthwith take possession of all the Towns may

111 11 . ij.1 1 A ^ abolish school

school-houses, land, apparatus, and other property owned ^gt^ctg
and used for school purposes, which districts might law- 1875, c. u.
fully sell and convey. The property so taken shall be ^™\^^°° ^[
appraised under the duection of the town, and at the §3.
next annual assessment thereafter, a tax shall be levied Property

appraised.

upon the whole town, equal to the whole amount of said Tax to be levied
appraisal, or such part thereof as the town shall vote, for amount of
and the remainder of said appraisal, if any there be, shall
be levied by tax upon the whole town at the second and Remitted to

1 . T 1 , /. , -. district for

third annual assessment thereafter, or at the second yaiue of prop-
alone, as the town shall vote, and there shall be remitted to erty.
the tax payers of each district the said appraised value of Powers and
its property thus taken, in the same proportion annually (Ugtrictsto
as the tax therefor shall be levied, or the difference in continue for
the value of the property of the several districts may poses"^"'
be adjusted in any other manner agreed upon by the
parties in interest. Upon the abolition or discontinuance ^^J^ duties of

district* c;pg

of any district, its corporate powers and liabilities shall c. 11, of R. s.,
continue and remain, so far as may be necessary for the i87i.
enforcement of its rights and duties.

6. Every city, town and plantation shall raise and

- ,, - , i. , 1 , . Towns to raise

expend, annually, for the support of schools therein, a for school
sum of money, exclusive of the income of any corporate purposes not

less than SO
cents per

school fund, or of any grant from the revenue or funds

from the state, or of any voluntary donation, devise or inhabitant.

bequest, or of any forfeiture accruinsf to the use of Act i878, c. 20.

•^ ° Amending R.

S.,1871,c.ll,§5.

430 SCHOOLS.

Penalty. schools, not less than eighty cents, for each inhabitant,

according to the census of the state, by which represen-
tatives to the legislature were last apportioned, under
penalty of forfeiting not less than twice nor more than
Towns neglect- four times the amount of its deficiency ; and no town
ingnotenti- ^j^jch uesflects to raise the amount of money required to

tifid to StflfliB »/ *

school fund, be raised by this section, shall, during the year in which

such neglect occurs, receive any part of the state school

fund required to be apportioned to the several towns by

the treasurer of state.

Towns may 7. Towns, citics and plantations, may raise money to

books^^ ^^^°^^ provide school books for the use of the pupils in their public
R.s.,i87i,c.ii, schools, at the expense of said town, city or plantation,

§6- or^o furnish them at cost to the pupils ; and all money

raised and appropriated for that purpose shall be assessed
in the same manner as other moneys raised for lawful
purposes are assessed.

8. The assessors and superintending school committee,
amendin^ ' ^^ Supervisors of towns, cities and plantations, may
1874, c. 166, annually apportion twenty per centum of all money
andR. s.,1871, required to be raised by the fifth section of chapter

eleven of the revised statutes, and twenty per centum
of school ° ^^ ^^ money received from the state for schools, except
money among money received under the free high school act, among the
disti-ictsin districts in the several towns, cities and plantations, in
the several such. manner as in their judgment shall give to the
smaller districts, as nearly as may be, an equal oppor-
tunity of enjoying the benefits of common school educa-
tion with the larger districts.

9. Every town shall choose by ballot at its annual
choose com- meeting, a superintending school committee of three,
mittee or unless already done, to hold office as provided in section

supervisor. f,

R. S.,1871, ell, fifty-three, chapter eleven, R. S., 1871, and shall fill
§10- vacancies arising therein at each subsequent annual

See school com- ^^^ting, or, shall, in the same manner, choose a super-
mitteeof Port- visor of schools, who shall have the power and perform
anr , pos . ^^^ duties which are now, or may hereafter be required
of the committe aforesaid ; and his election shall termin-
ate the office of any and all existing members of such
committee. The superintending school committee may

towns.

Towns to

SCHOOLS. 431

appoint one of their number, who shall have all the s. s.Committee

may appoint

power, and perform all the duties specified in the fifth one of their
and twelfth items of the fifty-fourth section of chapter perform cer-
11, revised statutes of 1871. Any town failing to elect r. s.,i87i,c' ii,
members of superintending school committee or supervisor penalty for
as required by law shall forfeit not less than thu*ty, nor to^oosicom-
more than two hundred dollars. Si^pei^isor

10. That every parent, guardian, or other person in the ^^'^^- § ^2.
State of Maine, having control of any child or children Children re-

' ® -^ qmred to

between the ages of nine and fifteen years, shall be re- attend public

quired to send such child or children to a public school school twelve

weeks in a
for a period of at least twelve weeks in each year, unless a year.

such child or children are excused from such attendance ^ct 1875, c. 24.
by the school officers of the town in which such parent or
guardian resides, upon its being shown to their satisfac-
tion that the mental or bodily condition of such child or

children has been such as to prevent attendance at school

... 1 /. , .1 . -, -, Exception,

or application to study for the period required, and the

certificate of a physician shall be deemed sufficient to sat-
isfy said officers ; or that such child or children have been
taught at a private school or at home in such branches as
are usually taught in primary schools ; provided, in case
a public school shall not be taught fOr three months in the
year within one and one-half miles by the shortest trav-
elled road of the residence of such delinquent, nor within
the school district within which such child resides, he Penalty for

shall not be liable to the provisions of this act. In case ^on-compii-

'- ance.

any parent, guardian, or other person having such control, j^^^ ^ ^

shall fail to comply with above provision, he shall be liable
to a fine not exceeding five dollars and costs of prose-
cution for such offence, to be recovered in any court com-
petent to try the same, and the magistrate or court to
which said fine shall be paid shall pay the same to the
treasurer of the town in which the offence was committed,
and shall be by him accounted for, the same as money
raised" for school purposes. Every boy in this State be-
tween the ages of nine and fifteen years, who shall
neglect or refuse to attend school as required in section ^^^^^^ ^ ^^^
one of this act, unless excused by the school officers of
the city, town, or plantation in which he resides, on being

432

SCHOOLS.

Duty of com-
mittee to
enforce.

Ibid. § 4.

Mill tax f or
support of'

Act 1872, c. 43.

How assessed
and collected.
Ibid.

Distribution.
Ibid.

Any portion
unexpended
to be added to
permanent
fund.

Ibid.

Cities and
towns author-
ized to make
laws concern-
ing truants.

R. S., 1871, c. 11,
§13.

Persons ap-
pointed to
make com-
plaint.

Ibid. § 14.

convicted of such offence, shall pay a fine not exceeding
five dollars. It shall be the duty of the school committee
or town supervisor to enforce these provisions.

11. A tax of one mill per dollar is hereby annually as-
sessed upon all the property in the State according to the
valuation thereof, and shall be known as the mill tax for
the support of common schools.

12. This tax shall be assessed and collected in the same
manner as other state taxes, and be paid into the state
treasury and designated as the school mill fund.

13. The first distribution of this fund shall be made
July first, eighteen hundred and seventy-three, and the
same month annually thereafter by the state treasurer to
the several cities, towns and plantations of the State ac-
cording to the number of scholars in each city, town or
plantation, as the same shall appear from the official re-
turn made to the oflSce of the state superintendent of
common schools for the preceding year.

14. All and every portion of the school mill fund not
distributed or expended during the financial year shall at
the close of each financial year be added to the permanent
school fund.

TRUANTS. 1

15. Towns may make such by-laws not repugnant to
the laws of the State, concerning habitual truants, and
children between six and seventeen years of age not at-
tending school, without any regular or lawful occupation,
and growing up in ignorance, as are most conducive to
their welfare and the good order of society, and may an-,
nex a suitable penalty not exceeding twenty dollars for
any breach thereof ; but said by-laws must be first ap-
proved by a judge of the supreme judicial court.

16. Such towns shall appoint at their annual meeting,
one or more persons, who alone shall make complaints for
violations of said by-laws to the magistrate having juris-
diction thereof by said by-laws, and execute his judg-
ments.

1 Municipal court has jurisdiction over offence of truancy.
Wentworth, 65 Maine, 129.

O'Malia v.

SCHOOLS. 433

17. Said masiistrate, in place of the fine aforesaid, may

^ J^ , . . 1 Truant chil-

order children, proved to be growing up in truancy, and dren placed in

without the benefit of the education provided for them suitable insti-

by law, to be ])laced for such periods of time as he thinks ^, ,

« « ^^^^- § In-
expedient, in the institution of instruction, house of ref-
ormation, or other suitable institution provided for the
purpose under the authority enforced by section thirteen
of chapter eleven of Revised Statutes.

THE SCHOOL COMMITTEE OF PORTLAND.

18. The school! committee of the city of Portland shall Private laws
consist of the mayor of said city, who shall be, ex-officio, school com-
chairman, and of seven other persons to be elected as mitteeof
hereinafter provided. ^0^2^

19. Members of the school committee shall be residents

of the city, and shall be elected at the annual election for To be residents
municipal oflScers, by a plurality of the ballots cast by the restricted as
qualified electors at such election. They shall hold their towards.
oflSce for the term of two years from the time they are ^^^- 5 2-
elected, and shall be divided into classes as follows : three
members shall be elected at the municipal election in the
year eighteen hundred and eighty-two, to fill the places of
those whose terms expire in March in that year, and four
members shall be elected at the municipal election in the
year eighteen hundi-ed and eighty rthree, to fill the places
of those whose tenns expire in March of that year ; and
thereafter, at each annual election, such a number of
members shall be elected as shall be suflScient to fill the
places of those whose terms shall expire in that year.

20. In case of vacancy in said board, the city council Vacancy, how
shall, in joint convention, elect by ballot, some person to ^^^^^'

fill the ofl3ce until the next municipal election, when some
person shall be elected to fill the unexpired term. So
that representation and election by wards to said board is
hereby abolished.

21. The said committee shall have all the power, and
perform all the duties in regard to the care and manage-

1 These provisions take the place of provisions of first two sections of
Private Laws of 1875, c. 84. This act of 1881 was passed to abolish the ward
system of selecting S. S. Committee.

434

SCHOOLS.

Powers and
duties of
school com-
mittee of
Portland.

Private laws
1875, c. 84.

Election of a
superintend-
ent.

Salary.

Estimates to be
furnished
city council.

No compensa-
tion.

Powers not

specially con-
ferred vested
in city council.
Ibid.

Certain acts

repealed.
Ibid.
Same clause in

act of 1881.

School com-
mittee to be
sworn.

R. S., 1871,c. 11,
§52.

School com-
mittee when
first chosen
shall arrange
term of ofllce.

Act 1880, c. 171,

E.S.,1871,c.ll,
§53.

Vacancies.

ment of the public schools of said city, which are now
conferred and imposed upon superintending school com-
mittees by the laws of this State, except as otherwise pro-
vided in this act. They Shall annually, and whenever
there is a vacancy, elect a superintendent of schools for
the current municipal year, who shall have the care and
supervision of said public schools under their direction,
and act as secretary of their board ; they shall fix his sal-
ery at the time of his election, which shall not be increased
during the year for which he is elected, except by consent
of said city council, and may at any time dismiss him if
they deem it proper and expedient. They shall annually,
as soon after the organization of their board as practica-
ble, furnish to said city council an estimate in detail of
the several sums required during the ensuing municipal
year for the support of said public schools, and shall not
increase the salaries of the superintendent and teachers,
or any other expenditures, beyond the amounts specified
therefor in such estimate, except by consent of said city
council. No member of the committee shall receive any
compensation for his services.

22. All powers, obligations and duties in regard to said
public schools, not conferred and imposed upon said com-
mittee by the provisions of this act, shall be and are
hereby vested in the city council of said city.

23. All acts and parts of acts inconsistent with the
provisions herein contained, as far as the city of Portland
is concerned, are hereby repealed.

GENERAL POWERS AND DUTIES OF SUPERINTENDING SCHOOL
COMMITTEES.

24. Members of superintending school committees and
supervisors shall be duly sworn.

25. Superintending school committees, at their first
meeting shall designate by lot one of their number to
hold office three years, and another two years, and
certify such designation to the town clerk, to be by
him recorded. The third member shall hold office one
year ; and each member elected to fill the place of one
whose term expires, shall hold office three years. They

SCHOOLS. 435

shall fill all vacancies in their number until the next
annual town meeting. Two members constitute a quo-
rum ; i)ut if there is but one in office, he may fill va-
cancies ; provided, however, that if the one thus remain-
ing in oflEice shall decline or neglect to fill the vacancies
existing in the board, the municipal officers shall fill said
vacancies. The municipal officers shall fill all vacancies
arising in the office of supervisor until the next annual
election.

DUTIES OF SUPERINTENDING SCHOOL COMMITTEES.

26. Superintending school committees shall perform
the following duties :

First.— They shall appoint suitable times and places ^'^hooi^Com^''
for the examination of candidates proposing to teach in r. s., 1871, c.
town, and give notice thereof by posting the same in two ^^'^ ^•

, ,. , . , . , 1 , , Appoint time

or more public places within the town at least three weeks and place for
before the time of said examination, or the publication examination
for a like length of time of said notice in one or more of
the county newspapers having the largest circulation in
the county. They^ shall employ teachers for the several
districts in the town, and notify the several school agents
of the teachers employed and the compensation agreed to
be paid ; and in the absence of any agreement to the con-
trary, five and one-half days shall constitute the school
week, and four weeks shall constitute a school month.

Second. — On satisfactory evidence that a candidate
possesses a good moral character, and a temper and School week
disposition suitable to be an instructor of youth, they ^° ™°^ *
shall examine him in reading, spelling, English grammar, Examine can-
geography, history, arithmetic, book-keeping and physi- instructors,
ology and other branches as they may desire to introduce Act 1873, c. 120.
into public schools, and particularly in the school for
which he is examined, and also as to capacity for the
government thereof.

^ Prior to statute of 1870, c. 85, the power of employing teachers was vested
in the district agent.

436

SCHOOLS.

Give certifi-
cates to
teachiers.

Act 1871, c. 215.

Examine
scliools.

May dismiss
teachers for
sufficient
cause.

Third. — They^ shall give to each candidate found com-
petent, a certificate that he is qualified to govern said
school, and instruct in the branches above name(|, and
such other branches as are necessary to be taught therein
or may render valid by indorsement any graded certifi-
cates issued to teachers by normal school principals,
county supervisors, or state superintendent of common
schools.

Fourth. — ^Direct^ the general course of instruction, and
select a uniform system of text books, due notice of
which shall be given ; and any text-book thus introduced,
shall not be changed for five years thereafter unless by a
vote of the town, and any person violating the provisions
hereof shall be punished by fine not exceeding five
hundred dollars, to be recovered in an action of debt by
any school oflScer or person aggrieved. And when said
committee has made such selection of school books, they
may contract, under section six, with the publishers for
the purchase and delivery thereof ; make such rules as
they deem effectual for their preservation and return ;
or if they are kept for sale, may regulate the sale and
appoint an agent to keep and sell them, fix the retail
price which shall be marked on the title page of each
book.

Fifth. — Examine the several schools, and inquire into
the regulations and discipline thereof, and the proficiency
of the scholars therein, for which purpose one or more of
the committee shall visit each school at least twice in
summer, and twice in winter, and use their influence to
secure the regular attendance at school of the youth in
their town.

Sixth. — After due notice and investigation,^ they shall
dismiss any teacher, although having the requisite certifi-
cate, who is found incapable or unfit to teach, or whose
services they deem unprofitable to the school, and give

1 See R. S., 1871, c. 11, § 65. Jose v. Moulton, 37 Maine, 367; Jackson v.
Hampden, 20 Maine, 37.

2 Donaliue v. Ricliards, 38 Maine, 376.

8 Jackson v. Hampden, 20 Maine, 37 supra; Jackson v. Hampden, 16 Maine,
184.

SCHOOLS. 437

to said teacher a certificate of dismissal and of the reasons Give certificate
therefor, a copy of which they shall retain, and immedi- in such cases,
ately notify the district agent of such dismissal, which
shall not deprive the teacher of compensation for previous .
services. •

Seventh. — Expel from a school any obstinately disobe- May expel
dient and disorderly scholar, after a proper investigation gchoiars ^
of his behavior, if found necessary for the peace and use-
fulness of the school, and restore him on satisfactory
evidence of his repentance and amendment.

Eighth. — Exclude from the public schools, if they deem May expel
expedient, any person who is not vaccinated, though vaccinated,
otherwise entitled by law to admission thereto.

Ninth. — Direct or approve in writing the expenditure Direct expendi-
of school money apportioned to inhabitants not included ^^'^^'
in any district.

Tenth. — Prescribe the sum, on the payment of which Prescribe sums
persons of the required age resident on territory, the ju- to be paid in
risdiction of which has been ceded to the United States, certain cases,
included in or surrounded by a school district, shall be
entitled to attend school in such district ; and when such
territory adjoins two or more districts, they shall desig-
nate the one where they may attend.

Eleventh. — Determine what description of scholars shall May classify

attend each school, classify them, and transfer them from see §§37 and 38.

school to school, in districts where more than one school Samec.ofR.s.

is kept at the same time, and no district committee is

elected. And may authorize the admission of scholars in

one district into the schools of another district.

Tv:elfih. — At the annual town meetina:, they shall make To make

annual report
a written report of the condition of the schools for the

past year, the proficiency made by the pupils, and the ^c^'^arch^iJ.

success attending the modes of instruction and govern- isei.

ment of the teachers ; and they shall transmit a copy

thereof to the superintendent of common schools.

27. They shall annually make out a statement, contain- shall make
., - „ . ^-1 annual state-

mg the following particulars : ment.

First. — The amount of money raised and expended for ibid. § 55.

the support of schools, designating what part is raised by Partictiiars.

438 SCHOOLS.

taxes, and what part from other funds, and how such funds
accrued.

Second. — The number of school districts, and parts of
districts in their town.

Third. — The number of children between four and
twenty-one years of age, belonging to their town in each
district, on the first day of April preceding.

. Fourth. — The number of such children who reside on
islands, or in any other part of the town not in any dis-
trict.

Fifth. — The whole number, and the average number of
scholars attending the summer schools ; the whole num-
Act 1873, c. 134. her, and the average number of scholars attending the
winter schools, and also the total number of different
scholars attending school two weeks or more of the pre-
ceding year as shall appear from teachers' registers return-
able to said officers, agreeably to section sixty -three,
chapter eleven of the Revised Statutes.

Sixth. — The average length of the summer schools in
weeks ; the average length of the winter schools in weeks ;
the average length of the schools for the year.

Seventh. — The number of male teachers and the num-
ber of female teachers employed in the public schools
during any part of the year.

Eighth. — The wages of male teachers per month, and
the wages of female teachers per week, exclusive of
board.

Ninth. — They shall give in their returns the number of
scholars as they existed on the first day of April next
preceding the time of making said returns, and full and
complete answers to the inquiries contained in the blank
forms furnished them under the provisions of law ; certify
that such statement is true and correct, according to
their best knowledge and belief ; and transmit it to the
office of the superintendent of common schools, on or be-
fore the first day of May in each year. When, by reason
of removal, resignation or death, but one member of the
committee remains, he shall make said returns.

SCHOOLS. 439

28. "WTien school district agents are empowered by the Act 1872, c. 87.
town to employ teachers before the commencement of a Agents author-

- , , , 1 11 • • • ized to employ

term of school, they shall give written notice to some teachers to

member of the superintending school committee or to the notify school

supervisor, when it is to commence, whether to be taught gchooiisto

by a master or mistress, and how long it is expected to commence,&c.
continue. A town at its annual meeting may empower

the school district agents to employ the teachers, instead ^^Tbe ^^^^

of the superintending school committee, and when such authorized to

power is so granted to said agents it shall remain in force ^'^p^*^^'-
until it is otherwise ordered by a vote of the town at its
annual meeting, and this act is in force when approved.

29. Each school agent shaU return to the superintend- ^^3^434^ ^g
ing school committee, in the month of April, annually, a tum lists of
certified list of the names and ages of all persons in his Persons from

,. . , ^ , . , 4 to 21 years

district, from four to twenty-one years, as they existed on of age to s. s.
the first day of said month, leaving out of said enumera- Committee,
tion, all persons. coming from other places to attend any ' j' ' '^" '
college or aciidemy, or to labor in any factory, or at any
manufacturing or other business.

'3t). If an}" school agent neglects to return the scholars jf agent neg-
of his district, the superintending school committee shall, lects, s. s.
under oath, immediately make such enumeration in such ^^^^ enumer-
district and be paid a reasonable sum therefor, to be aUon of schoi-
taken from the amount to be apportioned to the district of ^^^' ^^^^ ^^
such delinquent agent. The superintending school commit- § 56, i876, c. U2
tee shall return to the assessors on or before the fifteenth Committee to
day of May, annually, under oath, the number of scholars in of list of
each school district, according to the enumeration provi- scholars in
ded for in sections fifty-six, sixty and sixty-one, chapter ^^ asses'sors.
eleven Revised Statutes of 1871. R. s.,i87i,c.ii,

31. If any parent, master or guardian, after notice ^^^'
from the teacher of a school that a child under his care is j'™™^"^® ^

furnish books,

deficient of the necessary school books, refuses or neglects if parents or
to furnish such child with the books required, the super- ^^^^^^^^
intending school committee, on being notified thereof by ii,if]. §5^.
the teacher, shall furnish them at the expense of the town ;
and such expense may be added to the next town tax of
the parent, master or guardian.

440

SCHOOLS.

Compensation
for sup. sch.
com. and

supervisors.

Ibid. § 59.

Act 1876, c. 68.

Assessors or
municipal
oflBLcers to
make sworn
statement to

.S,tateSupt.

32. Superintending school committees and supervisors
shall be paid for their services, on satisfying the munici-
pal officers that they have made the returns to the secre-
tary of State required by law, one dollar and fifty cents a
day and all necessary traveling expenses, and no more
unless ordered by the town.

33. The assessors or municipal officers of each city,
town or plantation, shall, on or before the first day of
May in each year, make to the State superintendent of
common schools, a certificate under oath embracing the
following items :

First. The amount of money voted by the town for
common schools at the last preceding annual meeting.

Second. The amount of school moneys payable to the
town from the State treasury during the last school year,
meaning by the school year, the year ending with the first
day of April.

Third. ^The amount of moneys actually expended for
common schools during the last school year.

Fourth. The amount of school moneys unexpended,
whether in the town treasury or in the hands of district

Duty of State
Supt. in above
matter.

Fifth. Answers to such other inquiries as may be
presented to secure a full and complete statement of
school revenues and school expenditures.

34. It shall be the duty of the State superintendent of
common schools to prepare and furnish to the town offi-
cers such blanks as he may deem proper to secure the
fiscal returns required in section one of this act. And
furthermore it shall be the duty of the said superinten-
dent to return to the State treasurer on the first day of
July annually, a list of such towns as have made the
fiscal returns required by section one of this act, and
no school moneys shall be paid by the State treasurer to
any town, so long as it neglects to make such fiscal
returns.

DUTIES AND QUALIFICATIONS OF INSTRUCTORS.

35. Every teacher of a public school shall keep a school

the scholars who

Teachers to
keep school

R. S.,1871, c. 11, 1 1 1 •

§63. enter the school, their ages, the date of each scholar's

all

SCHOOLS. 441

enteriog and leaving, the number of days each attended,

the length of the school, the teacher's wages, a list of

text books used, and all other facts required by the blank

form furnished under the provisions of law ; such register

shall at all times be open to the inspection of the school

committee, and be returned to them at the close of the

school. No teacher shall be entitled to pay for his ser- Not to be paid

vices, until the register of his school properly filled up, ^^^j^^T^^

completed, and signed, is deposited with the school com- ,

mittee or with a person designated by them to receive it.

36. The presidents, professors, and tutors of colleges,

the preceptors and teachers of academies, and all other instructors of
instructors of youth, in public or private institutions, siiSil colleges, &c.,
use their best endeavors to impress on the minds of the morality, jus-
children and youth committed to their care and instruc- tice and pat-
tion, the principles of morality and justice, and a sacred ° ^™'
regard for truth ; love of country, humanity, and a uni-
versal benevolence ; sobriety, industry, and frugality ;
chastity, moderation, and temperance ; and all other
virtues, which are the ornaments of human society ; and
to lead those under their care, as their ages and capacities
admit, into a particular understanding of the tendency of
such virtues to preserve and perfect a republican consti-
tution, and secure the blessings of liberty, and promote
their future happiness ; and the tendency of the opposite
vices to slavery, degredation, and ruin.

37. If any person,'* whether he is a scholar or not, en-
ters any school-house or other place of instruction during

or out of school hours, while the teacher or any pupil is t^g^^ing
there, and wilfully interrupts or disturbs the teacher or schools.
pupils by loud speaking, rude or indecent behavior, signs, n>id. §89..
or gestures ; or wilfully interrupts a school by prowling
about the building, making noises, throwing missiles at
the school-house, or in any way disturbing the school, he
shall forfeit not less than two, nor more than twenty dol-
lars to be recovered as provided in chapter eleven. Re-
vised Statues.

38. If a minor injures or aids in injuring any school-
house, out-buildings, utensils or appurtenances belonging

* Stevens v. Fassett, 27 Maine, 266; State v. Leighton, 35 Maine, 195.

Act of 1874,
C. 165.

442 SCHOOLS.

thereto : defaces the walls, benches, seats, or other parts

PftTGnts or
guardians of saicl buildings by marks, cuts or otherwise ; or injures

liable. Qj, (destroys any property belonging to a school district,

Ibid. § 90. ^^^^ district by its agent or committee, may recover of

his parent or guardian, in an action of debt, double the
amount of damages occasioned thereby.

39. Whoever shall deface the walls, benches, seats,
blackboards, or other parts of any school-house or out-
buildings belonging thereto, by making thereon obscene
pictures, marks or descriptions, or by writing thereon ob-
defachig^^ scene language, shall be punished by fine not exceeding
school-houses, ten dollars ; and municipal and police courts and trial jus-
tices shall have jurisdiction thereof on complaint made
within one year after commission of the offence.
, ,, , 40. If an innholder, confectioner, or keeper of a shop,

Innholders and ' ' ^ _ '^ '

shopkeepers, boarding house, or livery stable, gives credit for food,

&c., not to drink, or horse or carriage hire to any pupil of a college

students or literary institution in violation of its rules, or without

K. s., c. ii,§95. the consent of its president or other officer authorized

For all general thereto by its government, he shall forfeit a sum equal to

reiating^o the amount so credited, whether it has been paid or not,

schools eee ,to be recovered in an action of debt by the treasurer of

* '' ' * such institution, half to its use, and half to the use of the

For acts reiat- town where it is located ; and no person shall be licensed

ill ST to free

high schools, by the municipal officers for any of said employments, if
. See 1873, c. 115, it appears that within the preceding year he had given

credit contrary to the provisions hereof.
" In relation to '^^' ^^^^S the exercises of the public schools, shall be
school exer- the reading of the constitution of the United States and
cisesand ^^^ constitution of the State of Maine, as often as once

examina- '

tions. in each term, by every scholar who has attained the age

Resolve of Qf fourteen years, either singly or in connection with a

0.213. ' ' class, and that each scholar shall pass an examination at
the close of each term, in the presence of the visiting
superintending school committee or supervisor, on the
first, eighth and thirteenth articles of amendments of the
constitution of the United States and on article first of
the constitution of Maine. And it shall be the duty of
the teachers and of the superintending school committee
or supervisor, in each town, to see that the requirements
of the above resolve are carried into effect.

SCHOOLS. 443

Ordinances.

1. The school committee are authorized to elect all school com-
such instructors as they may think necessary for the ""^"^® ^ ®^®^'

'J >} *> ^ and remove

public schools, and to determine the amount of their instructors,

, . , . • i J. and determine

respective salaries ; also to remove any instructor ^^^^^ salaries,
from said schools, when in their discretion it may be *c.
proper ; and generally to execute all the powers which ^^- ^^^- ^^•
the selectmen of towns or school committees are
authorized by the laws of this State to exercise.

2. The school committee are authorized to distribute ^ ^

To apportion

the annual sum which shall be appropriated by the salaries of

city council for salaries of instructors in the public as not to ^^'^'^

schools, fixing the salary of each instructor in accord- exeeedtheap-

ance with the specifications of said committee on made by city

which the ao^orreo^ate amount of salaries may have been council.

^'^ ^ "^ n)id.

predicated, and on which the appropriations shall have
been made by said city council.

3. No person who has not been vaccinated or other- ^va^Slt^d

1 . , jL ' ^ ^^ r n not pennitted

Wise secured against any contagion of small pox, shall to attend pub-
be permitted to attend any of the city schools. i^jid.

4. The school committee may cause any scholar of school com-
any of the city schools to be vaccinated by the city ^'^e^ciSars
physician, at the expense of the city ; and it shall be tobevacci-
their duty to carry into effect the provisions of this expense of
and the preceding section, and for that purpose to ^1^'
make such rules and regulations as they may deem

proper. Children be-

TRUANTS . tween the ages

5. All children between the ages of six and seven- ^yenteen,
teen years, residintj in the city of Portland, without required to

attend school

any regular and lawful occupation, growing up in unless, &c.
ignorance, shall be required, unless there be some ^^- ^rd- ^^•
sufficient reason to the contrary, to attend some
public or private school, or suitable place of instruc- punishment

tion . for not attend-

6. Every child in the city of Portland between the j/|^^^
ages of six and. seventeen years, who shall not attend

444 SCHOOLS.

school, and not be engaged in any regular and lawful
occupation, and growing up in ignorance, shall be
punished by a fine not exceeding twenty dollars, to be
recovered to the use of the city, on complaint before
the^ municipal court in said Portland, or by being
placed in the house of correction in said city, for such
period of time as the judge of said court may deem

Truant Officer expedient.

tobeap- 7. The city council of the city of Portland shall

pointed. n . i i

Ibid, annually appomt one or more persons, who alone are

Amended 1878, authorized to make the complaints as specified in this

^^^' ordinance, but durino^ the months of July and Auo^ust

Duty. ' o JO

such person or persons may, with the concurrence of
the mayor and aldermen, be appointed to such special
police duty as may be required, at such compensation
as they may ^x. It shall be their duty during the
session of the schools to report daily at the office of
the superintendent of schools between the hours of
8 and 9 A. M, to receive the names of truants and
such other information and instruction as may be
necessary, and it shall be their duty to arrest all such
children as are described in the first, fourth, fifth and
sixth sections of this ordinance, who may be found
during school hours in any of the streets, alleys, lanes,
squares, or other public places of resort or amuse-
ment, and to take them to such schools as they are
accustomed or entitled to attend, where they shall be
detained during school hours by the teacher thereof,
and written ''notice of such arrest and detention shall
be forthwith sent to the parent or guardian of such
child by the officer by whom the arrest is made, and
every child who shall have been three times thus
arrested shall be proceeded against by complaint as an
habitual truant.

8 See post § 10, also R. S., 1871, c. 142, § 9. Boys cannot be sent to Reform
School beyond minority.

SCHOOLS. 445

8. The house of coiTection connected with the alms what provided
house, in the city of Portland, or State reform school, p^cesof pun-
is hereby assigned and provided as the institution of ishment.
instruction, house of reformation or other suitable
situation, mentioned in section fourteen of chapter

eleven of the revised statutes.

9. Every child in the city of Portland, between the

aores of eiofht and sixteen years, who shall become an Hawtuaitru-

^ ^ ^ ' ants, how

habitual truant, shall be punished by a fine not exceed- punished.

ing twenty dollars, to be recovered to the use of the i^^^.

city, on complaint before the municipal court of said g^^ jj g^ j^j^

Portland, or by being placed in the house of correc- c- 142, § 9.

tion, in said city, or State reform school, for such

period of time as the judge of said court may deem

expedient.

10. Every child in the city of Portland, between the children be-
ages of eight and sixteen years, who shall not attend tweentheage$
school, and not be engaged in any regular and lawful sixteen not
occupation, and srowino^ up in isfnorance, shall be amending

, C5 C3 1 ._. school, how

punished by a fine not exceeding twenty dollars, to be punished.
recovered to the use of the city, on complaint before i^^^,
the municipal court, in said city, or by being placed
in the house of correction in said city, or the State
reform school, for such period of time as the judge
pf said court may deem expedient.^

SCHOOL BUILDING SLT»ERINTEXDEXT.

11. There shall be annually elected by the city school huud-
council an officer to be called the superintendent of gupe^tend-
public schooj buildings at such salary as may be fixed ent.

by the city council. He shall have an office in the
city building and shall be in attendance at his office 1877.
dunng at least two fixed hours on each secular day. ^i^- § 2.

12. He shall have the care of the public school
buildings, and under the direction of the committee
on public buildings, and out of the appropriation

« Supra, § 7, and E. S., 1871, c. 1^, § 9, and c. 11, § 15.

446

SCHOOLS.

Ibid. § 3.

made therefor shall make all necessary repairs to said
school buildings, making no contract therefor exceed-
ing twenty-five dollars without the order of said com-
mittee on public building and attend to the heating
of the same and see that the janitors employed do
their duty in all respects.

13. Under the direction of the schoool committee
and out of the appropriations made therefor he shall
attend to furnishing the schools by contract awarded
to the lowest bidder with stationery and schools
apparatus and ordinary school supplies needed for the
use of the schools, and shall report to that committee
as well as to the committee on public buildings the
condition of the school buildings, and also report to
the school committee such articles as are needed for
the use of the schools. He shall keep separate
accounts with each school of all expenditures for
repairs, and also for articles furnished, and at the end
of each school term he shall make inspection and shall
return to the school committee an account of all
property belonging to the city in each school room.

14. All bills for the care, repairs and heating of the
school buildings before payment shall be approved by
the committee on public buildings, and all bills for
supplies and articles furnished the schools before pay-
ment, shall be approved^ by the school committee,
and finally both classes of bills shall be audited and
approved according to law by the board of mayor
and aldermen.

15. Children non-residents of Portlatid, may be
admitted to the public schools of this city under such
rules as the school committee may prescribe, when in
the opinion of said committee it may be done with-

under rules of out prejudice to the schools to which admission is

school com- T • 1

mittee. Solicited, on the payment quarterly in advance to the

ora.oct.5,1880. Qj^-y Treasurer of a tuition to be fixed by school com-

Ibid, § 4.

Non-resident
children may
be admitted
into school

SCHOOLS. 447

mittee, not less than the average cost to the city per
scholar for tuition, and incidentals in schools of the
same grade. Children residents of this city whose
parents remove from one school district to another
during school time, shall be allowed to elect which
school they will attend until the next vacation.

Seal of the City/

Ordinance.
Seal of the city.

Seal of the city. The design hereto annexed shall be the device of
Rev. Ord. 1868. the citv Seal; and the motto shall be as follows, to
wit: — ^^ Besurgam, SigiUum Civitatis Portlandioe."

\ Where a corporation makes a contract through an agent, who puts to it
a seal, it becomes, hy law, the seal of the corporation, though it is not their
common seal. Porter v. A. and K. R. R. Co., 37 Maine, 349. Bonds issued
by corporation, impi^essed with a seal, declared to be sealed, accepted as
such, are deemed to be under the corporate seal. Woodman v. York and
Cumb. R. R., 50 Maine, 549. A scroll is not a seal, McLaughlin v. Randall,
66 Maine, 226. A wafer may be a seal. State v. McNally, 34 Maine, 210.

Sewers.

[See chapter on "Drains axd Sewers," City Charter; also
Revised Statutes, 1871, c. 16.]

Side^^alks.

[See title, " Streets."]

Sinking Fund.

Ordinances. . ^

1. Committee on reduction of city debt.

2. Appropriations for the payment of city debt.

3. Duty of auditor.

4. Committee inay loan to city treasurer.

Committee on 1. The mayor, the chairman of the board of alder-
reduction of j^^j^ ^^^ ^^le president of the common council, shall

city debt. . ^ .

ord. July 1, ^c a Committee to be called the committee on reduc-
1861, and Rev. ^jqjj ^f j^^^q ^.^^y (Jebt, whosc dutv it shall be to cause

Ord. 1868. "^ ' *^

all moneys passed to their credit in the books of the
auditor of accounts, to be applied to the purchase or
payment of the capital of the debt of the city, in the
manner they may from time to time deem expedient ;
and it shall be the duty of the auditor, and of the
treasurer of the city, to conform to all orders in writ-
ing in this respect, which shall be made and signed
by all the members of said committee.

2. All balances of money unappropriated remaining
Appropria- in the U'easury at. the end of any financial year; all

tionsforpay- ^. ,-, • • i .♦ j. j •

ment of city ^xcesscs 01 lucomc over the original estimated income ;

<^ebt. all balances of appropriations original, or by additions

^Tamlndecf ^' I'emaining on the books of the auditor ; all receipts

by Ord. March for premiums on city notes issued, all receipts in

money on account of the sale of any real estate of any

description now belonging or which may hereafter

belong to the city excepting the sale of burial lots in

See also Ord. ^^® Cemeteries of the city, all receipts on account of

Aug. 7, 1878, the principal sum of any stocks, bond* or notes now

5, 1880. owned, or which may be hereafter owned by the city ;

and also of the annual tax, such a sum as the city

SINKING FUND. 451

council of each year shall fix and determine not less
than one per cent, of the then existing city liabilities
after deducting therefrom the amount of the A. & St.
L. R. R. loan and the building loan ; shall be and the
same hereby is appropriated to the payment or the
purchase of the principal of the city debt.

3. It shall be the duty of the auditor, annually, to Duty of audi-
pass to the credit of the committee on the reduction t^r.

of the city debt, all receipts, the proceeds of either Rev. ord. ises.
of the sources belbre mentioned, and the said amount
out of the annual tax ; and the sums so passed to the
credit of said committee shall be drawn from the
treasury of the city for the payment, or the purchase
of the capital of the city debt, in the manner before
mentioned, and for no other purpose whatever.

4. The committee on the reduction of the city debt committee may
are hereby authorized to lend on interest to the treas- ^^^^
urer of the city any amount so passed to their credit ibid.

as aforesaid, which may not be immediately wanted
for the purchase or redemption of said debt.

See title "Finance."

Solicitor.

Ordinances.

1. City solicitor to be chosen. His qualifications. ,

2. His duties. *

3. To commence and prosecute suits. To defend suits against

city. ^To appear before the legislature and committees
thereof. To furnish legal opinions.

4. To make annual report to city council of unfinished busi-

ness. Keport to be published.

City solicitor 1. In the month of March, annually, and whenever
«° ^ r^ll a vacancy in the office shall occur, there shall be

Rev. Ord. 1868. ^ ^ ^ '

City charter, choseu by the city council, a solicitor for the city of
His quaiifica- Portland, who shall have been admitted an attorney
and counsellor of the courts of the State, and he shall
be removable at the pleasure of the city council.

2. It shall be the duty of said city solicitor, by
himself or by some person by him duly authorized,
for whose conduct, skill and faithfulness he shall be
accountable, to draft all bonds, deeds, obligations,
contracts, leases, conveyances, agreements, and other
legal instruments of whatever nature, which may be
required of him by any ordinance or order of the
mayor and aldermen, or of the city council, or which
by any ordinance or order may be requisite to be done
and made by the city of Portland, and which by law,
usage and agreement, the city is to be at the expense
of drawing.
To commence 3. It shall be the duty of said city solicitor to
^its!'^^^^^"'^ commence and prosecute all actions and suits to be
iwd. commenced by the city, before any tribunal in this

State, whether in law or equity, and also to appear
and defend and advocate the rights and interests of

tlons.

His duties.
Rev. Ord. 1868.

SOLICITOR. 453

the city, or any of the officers of the city, in any suit
or prosecution for any act or omission in the discharge
of their official duties, wherein any estate, right,
privilege, ordinances or acts of the city government,
or any breach of any ordinance may be brought into
question. And said solicitor shall also appear before to appear be-
the legislature of this State, or any committee thereof, ^"^^^^l^^^'
and there in behalf of the city, represent, answer for, committees
defend and advocate the interests and welfare of said
city, whenever the same may be directly or incidentally
affected, whether to prosecute or defend the same ;" and
he shall in all matters do all and every professional act,
incident to the office, which may be required of him by
the city government, or by any joint or special commit-
tee thereof, or by any ordinance or order ; and he shall,

] "^ '^. ' To furnish

when required, furnish the mayor and aldermen, the legai opinions.
common council, or any joint or special committee of
either branch thereof, and to any officer of the city
goverament, who may require it in the official dis-
charge of his duties, with his legal opinion on any
subject touching the duties of their respective offices.

4. It shall be the duty of said city solicitor, to make an-
annually, in the month of February, to report in n^ai rep^ort to
writing, to the city council, all the unfinished business unfinished
in his department, including the names, grounds, and ^^^*°®^^-
stages of progress, of all suits pending, in which the
city is a party or is interested ; with the names and
results of such suits, affecting the city, as may have
been decided or adjusted during the year, and such
other information as to the business of his department
as he may think important, or the city council may
direct ; which report shall be published with the other '^ushed"^
annual reports to be made to the city council.

steam.

Statutes.

1. Steam Heating Co. Act of incorporation.

2. Capital stock.

3. Privileges.

4. Not to obstruct public travel.

5. Privileges after three years.

6. Management.

7. Authority of city after ten years.

8. Franchises continued.

9. Liability for obstructing streets.

10. Liability for injuries to private property.

11. First meeting.

12. Control of city.

13. When to take effect,
Steam Heating 14. Rights of other parties.

Co. Incorpora-
tion. 1. Jacob S. Win slow, Horatio N. Jose, George F.
1880, c. 204. Holmes, William W. Thomas, junior, George P. Wes-
^?frTJ^i««o cott, Charles McCarthy, junior, Edward H. Davies,
George F. Morse, their associates and successors, are
hereby constituted a body politic and corporate, by the
name of the Steam Heating and Power Company, and by
that name shall have and enjoy all the necessary powers
and privileges to effect the objects of their association,
and shall be subject to such duties, liabilities and exemp-
tions as are or may be provided by the general laws of
this state in case of manufacturing corporations.

2. The capital stock of said company shall be not less
than thirty thousand dollars, nor more than three hundred
thousand dollars, and shall be divided into shares of not
exceeding one hundred dollars each. Said company,
having first* obtained permission of the municipal author-
ities therefor, shall have power to erect, establish and

March 9, 1880.

Capital stock.
Ibid.

STEAM. 455

maintain in the city of Portland, suitable works for the
manufacture and distribution of steam for heating pur-
poses and power for manufacturing establishments.

3. The said company is hereby authorized to lay down,
in and through the streets of said city, and to take up,
replace and repair, all such pipes, conduits and fixtures

as may be necessary for the objects of its incorporation, priviieges-
first having obtained the consent of the city council
therefor, and under such restrictions and regulations as
said city council may see fit to prescribe ; and any
obstruction in any street of said city, or taking up, or
displacement of any portion of anj^ street without such
consent of city council, or contrary to the rules and regu-
lations that may be prescribed as aforesaid, shall be
considered a nuisance, and said company shall be liable
to indictment therefor, and to all the provisions of law
applicable thereto ; and said company shall, in all cases,
be liable to repay to said city all sums of money that said
city may be obliged to pay on any judgment recovered
against said city for damages occasioned by any obstruc-
tions, or taking up, or displacement of any street by said
company whatever, with or without the consent of the city
council, together with the counsel fees and other expnsese
incurred by said city in defending any suit to recover
damages as aforesaid, with interest on the same, to be
recovered in an action for money paid to the use of said
company.

4. Whenever the company shall lay down any pipes,

conduits or fixtures in any street, or make any alteration ^-^t ^^ obstiiict

or repairs upon its works in any street, it shall cause the public ti-avei.

same to be done with as little obstruction to the public ^^^•

travel as may be practicable, and shall at its own expense,

without unecessary delay cause the earth and pavement

removed by them to be replaced in proper condition. It

shall not be allowed, in any case, to obstruct or impair

the use of the pipes and fixtures of the Portland Gas

Light Company, or of the Portland Water Company, or

of any public or private drain, or common sewer, or

reservoir ; but said company shall have the right to cross,

456

STEAM.

Privileges
after 3 yeai
IblcL

3Iauagement.
Ibid.

Authority to
city after ten
years.

Ibid.

or, where necessary, to change the direction of au}^ pri-
vate drain in such a manner as not to obstruct or impair
the use thereof, being liable for any injuiy occasioned by
any such crossing or alteration to the owner thereof, or
any other person, and to said city, in an actionupon the case.

5. If the said company shall be duly organized within
three years from the passage of this act, and shall, within
that time, have raised and expended at least ten thousand
dollars for the objects of its incorporation, and shall have
actually commenced the manufacture and distribution of
steam, it shall then have and enjoy the franchise and
privileges granted it by this act, exclusively, for the term
of ten years from the date of its organization, subject to
the terms and limitations hereinafter prescribed, and sub-
ject to all such regulations and control as may, by law,
be exercised over corporations by the judicial tribunals
of this State.

6. The management of the affairs of the company, and
all expenditures made for the purposes authorized by
this act, shall be directed by a board of five or seven di-
rectors, to be chosen, annually.

7. At the expiration of the term of ten years named in
the fifth section of this act, the city of Portland shall be
authorized, upon vote of the city council to that effect, to
pay to said company the appraised value of its buildings,
works, pipes, fixtures and other property, and upon such
payment may take and hold all said property, without any
right, privilege or franchise remaining to said company,
and may dispose of said property in such manner as the
city council shall determine. For the purpose of making
the valuation aforesaid, the city council shall, within three
months before the expiration of the ten years aforesaid,
give notice to the company, and appoint two disinterested
persons, and the company shall appoint two other disin-
terested persons, to be appraisers, and the four persons
so appointed shall appoint a fifth disinterested person, to
be one of the appraisers. If the company shall neglect
or omit, for two months after the notice aforesaid, to ap-
point appraisers on its part, then the two appraisers
appointed by the city council shall be authorized to make
the appraisal, and the decision of the appraisers in either

STEAM. 457

case shall be final. And if said company neglects or re-
fuses for the space of one month after an appraisal shall
have t^een made in pursuance of the provisions of this
section, and after the said city shall have notified said
company of its readiness to take said property at such
appraisal, to deliver all its aforesaid property to said city,
and to execute good and suflScient conveyances thereof,
then said city may take possession of said property and
hold the same as is hereinbefore provided, being respon-
sible to said company to pay the appraised value afore-
said ; and no sale of said property, at any time by said
company, in derogation of the rights of said city herein
specified, shall be valid, as against the right of the city
to take said property as aforesaid.

8. If the city of Portland shall not so pay for and take Franchises
the property of the company at the appraisal so made, continued,
then the franchise and privileges hereby granted to said ^^^'
company, shall be continued to it, and shall be held and
enjoyed by it exclusively, for a further term of twenty

years after the expiration of the ten years aforesaid, sub-
ject to the limitation prescribed in the seventh section of
this act.

9. If said company or any of its servants or officers
employed in effecting the objects of the company, shall
wilfully or negligently place or leave any obstruction in o^bSrucan^&
any of the streets of Portland, beyond what is actually streets,
necessary in constructing its works, laying down, taking i^^^-

up, and repairing its pipes and fixtures, or shall wilfully
or negligently omit to repair and put in proper condition
any street in which the earth or pavement may have been
removed by it, the company shall be subject to indict-
ment therefor, in the same manner that towns are subject
to indictment for bad roads, and shall be holden to pay
such fines as may be imposed therefor, which fine shall be
collected, applied and expended in the same manner as is
provided in case of the indictment aforesaid against
towns, or may be ordered to be paid into the treasury of
the city. If any person shall suffer injury in his person
or property, by reason of any such negligence, wilfulness
or omission, he shall be entitled to recover damages of

458

STEAM.

For injuring
property.
Ibid.

First meeting.

In control of
city.
Ibid.

When take
effect. &c.

the company therefor, by an action on the case in any
court of competent jurisdiction.

10. Nothing contained in this act shall be construed to
effect or diminish the liability of said corporation for any
injury to private property by depreciating the value there-
of or otherwise, but said corporation shall be liable there-
for, in an action on the case.

1 1 . The first meeting of said corporation may be called
by a notice signed by any three of the corporators, pub-
lished five days successively before the day fixed for such
meeting, in any newspaper published in Portland.

12. The mayor and aldermen for the time being shall
at all times have the power to regulate and control the
acts and doings of said corporation, which may in any
manner injuriously affect the health, property or safety of
the inhabitants of the city.

13. This act shall be taken and deemed to be a public
act, and shall be in force from and after its approval by
the governor.

14. Nothing in this act shall be construed to affect or
abridge the rights of any parties in said city now having
and exercising rights similar to any of those granted by it.^

1 For "Steam Engines," and " Steam Whistles," see Title •' Nuisances.'

streets.

Statutes.

1. Authority of city council over streets. Land damages.

Appeal.

2. How damages may be apportioned. Act of 1872.

3. Form of notice to lot owners. Act of 1872.

4. Owner aggrieved may have assessment made by committee

or jury. Act of 1877.

5. Proceeding, when no appeal, and assessment not paid.

6. Recovery of assessment by action.

7. Original location of streets to be ascertained by city engi-

neer. Persons may object.

8. Obstruction of streets on public occasions.

9. Portland Gas Company may lay pipes, &c. Liability for

damages.

10. Excavations near streets, how to be made; responsibili-

ties.

11. Damages occasioned by raising or lowering streets.

12. Sliding and coasting on streets.

13. Townways across or under railway, how built and main-

tained.

14. Towns may reinstate townways discontinued.

15. Highway may be constructed in Portland into tide waters.

16. Towns may raise money^ for bridges and ways as other

taxes.

17. Ways to be kept open and in repair.

18. Ways on lines between towns.

19. Ways on lines between towns, how divided and repaired.

20. Municipal officers to assign limits to surveyors.

21. Towns shall raise money for roads, &c.

22. Person injured by defect in highway may have action, &c.

23. Not exceeding $2,000.

24. Slippery sidewalk no defect.

25. Person knowing defect and not notifying.

26. Buildings and fences existing twenty years, true bounds,

&c.

27. Towns to maintain guide posts.

28. Municipal officers to erect guide posts.

29. Sidewalks, in relation to laying.

460 STREETS.

Ordinances.

1. Names of streets to be continued.

2. Committee on laying out new streets to be appointed.

3. Committee to lay out, &c., new streets. To estimate

damages. To repc»rt to city council.

4. Commissioner of streets to be elected. To be sworn.

Compensation. May be removed.

5. Duties of commissioner. Shall not change the grade of

streets, without, &c. To make contracts. To have
charge of teams, &c.

6. Powers of street commissioners given to commissioner of

streets. To pay damages sustained in consequence of
neglect of duty,

7. Commissioner shall be acquainted with lines, &c., of

streets. To remove obstructions. To perform duties
prescribed by mayor and aldermen or city council. To
make arrangements for supply of labor.

8. Commissioner shall discharge all bills once a month. To

render account to board of aldermen. To keep
account of receipts and expenditures. To present
annual account.

9. To cause stone monuments to be erected when, &c. To

be recorded.
10. Monuments not to be removed without, &c. Penalty.
Jl. Dangerous lots of laud to be fenced. Penalty. Street

commissioner shall cause lots to be fenced.

12. Streets not to be dug up, or gravel removed from, without

license, &c. Penalty.

13. Street broken up shall be repaired. Penalty.

14. No drain or aqueduct to be opened or repaired without

license. Penalty.

15. When license is granted to^ open a drain, &c., street to be

repaired to satisfaction of commissioner. One half of
street to be kept open. Railing to be kept up. To be
lighted. Penalty.

16. Notice to be given of intention to build. Portion of street

to be alloted. Portion allotted to be used for building
materials, &c. Rubbish, &c. , to be carried away. In
case of neglect, to be removed at expense of person.
To be lighted. Penalties.

17. Lumber, stones, and building materials not to be placed in

streets to remain over six hours. Penalty. May be
removed at expense of owner.

18. Proceedings when owners refuse to remove them. To be

sold at auction.

19. No person to blast rocks within fifty rods of street with-

out license. Penalty.

STREETS. 461

20. Persons not to play at bat and ball. Not to throw snow

balls. Penalties.

21. Not to shoot with bow and arrow. Penalty.

22. Not to fly kites. Not to coast on sleds or skate. Penalty.

23. Gaming tables or devices not to be exposed in streets. No

person to play at unlawful games in street.

24. No person to swim or bathe in exposed situations. Pen-

alty.

25. Manure not to be taken from streets without permission.

26. Streets shall not be obstructed by moving of buildings.

Building obstructing streets to be removed at expense
of owner.

27. Penalties.

28. No goods or merchandise to be placed so as to project

into street. Penalty.

29. Awnings may be placed. Proviso. Regulations.

30. Signs, &c., not to project into street. Penalty.

31. Making noises in the streets forbidden.

32. Grinding cutlery, &c., in the streets, forbidden, unless

license.

33. Porticoes, porches, &c. , not to project into street. Penalty.

34. Cellar doors, &c. Not to remain open, unless lighted.

Light to be kept at entrance. Penalties.

35. Entrance and steps to be secured with railings or chains.

Light to be placed. Penalties.

36. Apertures and coal holes not to be made without license.

Penalty. Not to be left open. Penalty.

37. Gratings in sidewalks not to extend more than eighteen

inches. Penalties.

38. Mayor and aldermen may authorize the construction of

coal holes, and gratings. Not to extend more than
three feet.

39. Horses shall not be driven in streets at a faster rate than

six miles an hour. Penalty.

40. Horses, cattle and swine, not to run at large. Penalty.

41. Horses or animals not to be frightened. Penalty.

42. Speed of trains in Commercial street regulated.

43. Bells of locomotives to be rung.

44. Brakemen to be attached to brakes.

45. Penalties.

46. Articles to be unloaded on southeast side of railroad track.

Not to obstruct streets leading to, or passage ways.
Proviso.

47. Engines, &c., not to obstruct streets or passage ways.

48. Side tracks, or turn-outs not to be laid without permit of

mayor. Street commissioner to superintend the same.

462 STREETS.

49. Vessels or boats not to be made fast to sea-wall or coping:

stones; not to lay so as jib-boom, &c., may project.
Articles not be shipped or landed over coping stones.

50. Penalties.

51. Width of sidewalk regulated. Sidewalk may be accepted

after put in repair.

52. City to maintain sidewalks relinquished. Proviso.

53. Bricks and sand to be furnished to lay sidewalks. To be

laid under direction of street commissioner.

54. When city council require sidewalks to be paved.
65. City assume one-half the expense.

56. Names of streets to be recorded. Sidewnlk and descrip-

tions to be entered.

57. Alteration in sidewalks. Post and trees not to be set with-

out consent, &c.

58. Carriages, hand-carts, &c., not to go on sidewalks.

Horses or animals not to stand upon.

59. Wood not to be sawed or split upon.

60. Persons not to stand in a group upon side or cross walks

so as to obstruct, &c. Penalty. To move on. Penalty.

61. Goods not to be placed upon foot or sidewalk, to obstruct,

&c. Penalty, Penalty for suffering to remain after
notice. Proviso.

62. Snow to be removed from foot way or sidewalk. Penalty.

63. To apply to snow falling from buildings.

64. Ice to be removed from sidewalks, or to be covered with

sand, &;c. Penalty.

65. Ice thrown into streets to be placed evenly, and to be

broken into small pieces.

66. Word streets to include alleys, lanes, &c., unless, &c.

67. Provisions of preceding sections not to limit rights and

duties of commissioner of streets.

68. Streets may be made on Back cove flats.

69. Amendment of first section of ordinance on buildings.

70. Encroachments on streets.

71. No new grades fixed or old ones changed, except by vote

of city council. Of petitions for grades. Notice.

72. Committee to submit plans and estimates for paving.

73. Numbering streets.

74. Number for every lot.

75. Plan.

76. Street monuments.

77. Streets must be kept cjear of obstructions by pei*son occu-

pying.

78. Opening streets where gas or water pipes are laid.

79. Excavations near streets.

80. Further duties of Street Commissioner.

81. To protect public grounds.

STREETS. 463

82. Street lamps, penalty for lighting or extinguishing.

83. Lamp posts, located and existing.

84. Lamp posts how to be located.

85. Lamp posts how taken to be established.

86. Lamp posts. Becord.

REGULATIOXS RESPECTING GAS PIPES IN STREETS.

1. Company to give notice to the commissioner of streets of

commencement of work. Of completion. Street com-
missioner to examine the same.

2. Streets not to be dug up, &c., without consent of mayor

and aldermen. Penalties. Streets not to be dug up,
&c., before pipes are ready to be laid down.

3. Liability of company for damages.

4. Trenches made, fenced and lighted.

5. Work to be done with convenient despatch. Streets to

be repaired. Materials, rubbish, &c., to be removed.
Company to repair streets to satisfaction of commis-
sioner. In case of refusal, to be repaired at expense of
company.

6. Restrictions respecting pipes laid in contact vrith drains

or sewers. Course of drains, &c., may be changed.

Statutes.

1 . The city council shall have exclusive authority^ to Authority of
lay out, widen or otherwise alter, or discontinue any and ^^^ council

over Btxccts*

all streets or public ways in the city of Portland, without
petition therefor, and as far as extreme low water mark ; city charter,
and to estimate all damage sustained by the owners of i^es, § 9.
land taken for that purpose ; but all locations below high
water mark shall be subject to the provisions of the laws
relating to the commissioners of Portland harbor. A
joint standing committee of the two boards shall be
appointed, whose duty it shall be to lay out, alter, widen
or discontinue any street or way in said cit^, first giving

1 By this section the city council liave all the powers to locate and alter
treets which by general law is conferred upon the inhabitants and selectmen
of towns. The location of a street is not an act of appropriation of money
and it is not necessary to be approved by mayor. Committee on laying out
streets have certain powers of city council.. Preble v. Portland, 45 Maine,
241 ; .Jones v. Portland, 57 Maine, 42. As to general powers of city council
In laying out a new street, under similar statutes in Mass., see Brimmer v.
Boston, 102 Mass., 19; Harrington v. Harrington, 1 Met., 404; Common-
wealth V. B. & L. R., 12 Cush., 254; Westport v. Bristol, 9 Allen, 203; John-
son v. Wyraan, 9 Gray, 186.

464 STREETS.

notice of the time and place of their proceedings to all
parties interested, by an advertisement in two daily
papers printed in Portland, for one week at least
previous to the time appointed. The committee shall
first hear all parties interested, and then determine and
adjudge whether the public convenience requires such
street or way to be laid out, altered or discontinued ; and
shall make a written return of their proceedings, signed
by a majority of them, containing the bounds and des-
criptions of the street or way, if laid out or altered, and
the names of the owners of the land taken, when known,
and the damages allowed therefor ; the return shall be
filed in the city clerk's office at least seven days previous
to its acceptance b}^ the city council. The street or way
shall not be altered or established until the report is
accepted by the city council, and the report shall not be
altered or amended before its acceptance. A street or

way shall not be discontinued by the city council, except-
Land damages. . ^ , ^ «..-..« r^.

But see new i^^g upon the report of said committee. ^ The committee

provisions of shall estimate and report the damages sustained by the
5 and 6. ' ' ' <^wners of the lands adjoining that portion of the street
or way which is so discontinued ; their report shall be
filed with the city clerk seven days at least before its
acceptance. Any person aggrieved by the decision or
judgment of the city council in establishing, altering, or
discontinuing streets, may, so far as relates to damages,
appeal therefrom to the next court having jurisdiction
thereof, in the county of Cumberland, which court shall
determine the same by a committee or reference under a
rule of court, if the parties agree, or by a verdict of its
jury, and shall render judgment and issue execution
for the damages recovered, with costs to the party pre-
vailing in the appeal.^ Such appeal shall be made to the
term of the supreme judicial court, which shall first be
holden in the county of Cumberland, more than thirty
days from and after the day the street is finally estab-
lished, altered or discontinued, excluding the day of

2 See R. S., 1871, c. 18, § 1, contained in § 8, post.

3 See R. S., 1871, c. 18, § 9.

STREETS. 465

commencement of the session of said court. The appel- Appeal,
lants shall serve written notice of such appeal upon the
mayor or city clerk, fourteen days at least before the
session of the court, and shall at the first term file a com-
plaint setting forth substantially the facts of the case.
On the trial, exceptions may be taken to the rulings of
the court, as in other cases. Co-tenants who are appel-
lants shall join in their appeal or shall not recover their
costs. If a street or way is discontinued before the
damages are paid or recovered for the land taken, the
land owner shall not be entitled to recover such damages
but the committee in their report discontinuing the same,
shall estimate and include all the damages sustained by
the laud owner, including those caused by the original
location of the streets ; and in such cases, if an appeal
has been regularly taken, the appellant shall recover his
costs. The city shall not be compelled to construct or
open any street or way thus hereafter established, until
in the opinion of the city council the public good requires
it to be done ; nor shall the city interfere with the posses-
sion of the land so taken by removing therefrom materials
or otherwise, until they decide to open and construct said
street. The city council may regulate the height and
width of sidewalks in any public square, places, streets,
lanes or alleys in said city ; and may authorize posts and
trees to be placed along the edge of side walks. Nor
shall the city be answerable for damages occasioned by
telegraph poles and wires erected in its streets.

2. Whenever the city council of any in this State shall How damages
lay out any new street or public way, or widen or other- joying om
wise alter or discontinue any street or way in such city, or widening
and shall estimate and decide that any person or persons ^ppo^n^d^
or corporations have or will sustain any damage^ thereby. Act 1872, c. 26.

* The damages awarded are sucii damages as arise from a proper construc-
tion of the way, Jackson v. Portland, 63 Maine, 55. Such damages must be
assessed as a whole. Ford v. Co. Commissioners, 64 Maine, 408; Mussey v.
Gaboon, 34 Maine, 64 ; Hicks v. Ward, 69 Maine, 436. For discussion of whole
subject see Dillon on Mun. Corporations, § 483, et seq. The appropriation of
land to public use is one of the highest acts of sovereign power and should
be accomplished only by clear, explicit language. Glover v. Boston, 14
Gray, 282. See also cases cited in § 1, supra.

466 STREETS.

and the amount thereof to each in the manner that now is
or may be provided by law, it shall be lawful for said city
council to apportion the damages so estimated and allowed,
or such part thereof as to them may seem just, upon the
lots or parcels of land adjacent to and bounded on such
street or way, and not those lots for which damages are
allowed, in such proportions as in their opinion such lots
or parcels of land are benefitted or made more valuable
by such laying out or widening or otherwise altering or
discontinuing of such street or way ; provided, however,
that the whole assessment so made shall not exceed the
damages so allowed. And that before such assessment,
shall be made, notice shall be given to all persons inter-
ested to appear before said citj^ council, at a time and
place specified, if they shall see cause, to be heard upon
the subject-matter, which notice shall be published in some
newspaper in said city at least one week before said time
of hearing.

3. After said assessment shall be made upon such lots
or parcels, and the amount fixed upon each, the sam.e
shall be recorded by the city clerk, and notice shall be
lots assessed, given within thirty days after the assessment to each
Ibid. owner and proprietor of said lots and parcels, by deliv-

ering to each of such owners resident in said city a certi-
fied copy of such recorded assessment, or by leaving
such copy at his last and usual place of abode, and by
publishing the same three weeks successively in some
newspaper published in said city, the first publication to
be within said thirty days, and said city clerk within
said thirty days shall deposit m the post ofiice of said
city, postage paid, a certified copy of such assessment
directed to each of such owners or proprietors residing
out of said city, whose place of residence may be known
to said clerk, and the certificate of said clerk duly made
shall be deemed and taken to be suflScient evidence of
these facts, and the registry of deeds for each county in
the State, as the case may be, shall be the evidence of
title in allowing or assessing damages and improvements
under this act, so far as notice is concerned.

Form of notice
to owners of

STREETS. 467

4. Any owner or proprietor, as aforesaid aggrieved by owner

reason of the sum so assessed upon his lot or parcel of aggrieved

. . -. . may have the

land, may, at any time withm six months after such as- assessment

sessnient, have the same assessed by a committee or jury,^ made by a
as now provided by law for the estimate of damages for ^^^
land taken for laying out, altering, widening ordiscontin- 1877,0.172.
uing any new street or public way in either of said cities ;
and if, upon appeal, such owner or proprietor shall fail to
be assessed a smaller sum than that assessed by the city
council, then said city shall recover costs after appeal,
which shall be added to and become part of said assess-
ment ; otherwise, the appellant shall recover costs after
said appeal, and the clerk of the courts for the county as
the case may be, within thirty days after final judgment,
in case of appeal, certify such judgment to the clerk of
said city, as the case may be. .

5. In case the sums so assessed by said city council upon Proceedings
such lots or parcels of land shall not be paid to the city n<fa^^arand
treasurer within six months after such assessments, and the assess-
no appeal is claimed, the mayor of 'said city, under the mentis not
order of the city council, may issue his warrant directed j^.^

to the city treasurer of said city, reciting substantially the 1872, c. 26.
proceedings had, and direct said treasurer to sell all such
lots, the assessment upon which has not been paid as
aforesaid, at public auction to the highest bidder, or so
much of each of such lot or parcel as may be necessary
to pay said assessment and all intervening charges and
costs, first giving public notice of the time and place of
sale by posting notices thereof in two public places in said
city, and publishing the same three weeks successively
before said sale, in some newspaper published in said city.
And it shall be the duty of said treasurer to obey said
warrant, and to execute and deliver to the purchaser of
said lot or parcel, or any part thereof, a deed of the same
which shall convey a good and valid title of the same to
the purchaser ; and the owner or proprietor aforesaid may
redeem the same at any time within two years after such
sale, by paying or tendering to the purchaser, or deposit-

» Goodwin V. Merrill, 48 Maine, 282; Gay v. Gardiner, 5i Maine, 477; Wil-
liams V. Richmond, 59 Maine, 517; Dillon on Mun. Corp's, supra.

468

SCHOOLS.

Recovery of
assessment by-
action.

Original loca-
tion of streets
to be ascer-
tained by city
engineer, how
often.

City charter,
§21.

Persons may
object.

Obstruction of
streets on
public occa-
sions.

Ibid. § 22.

ing with the city treasurer, of said city the amount paid
by such purchaser, with interest at the rate of twelve per
cent, per annum ; and a lien shall *be created and in force
and exist upon each of said lots and parcels for the pay-
ment of said assessments, and all costs and charges after
said assessment is made, and until the same is paid.

6. In all cases after said assessment is due and paya-
ble, said city treasurer for said city nlay recover the same,
and all charges and costs, of the owner or proprieto^^', in
an action of assumpsit for money due and owing said city
in addition to the mode pointed out in the foregoing pro-
visions of this act for collecting said assessment.

7. The original location of all streets and ways in said
city shall, once in ten years, or oftener, be ascertained by
the city engineer, under the direction of the city council,
as accurately as practicable — the location of different
streets being ascertained .by him from time to time, when
expedient. He shall make a written report of his doings
to the committee on new streets, which shall give twenty
days notice, by advertisement in two or more' public pa-
pers in the city, of the time and place at which it will act
upon said report. Any person may appear and object to
the report.; and after a full hearing of all parties interested,
the committee may accept, alter or amend the report as
it shall think right, and shall report their proceedings to
the city council, who shall thereupon determine the lines
of such streets and ways in said city, according to the
original location thereof, and shall order the same to be
designated anew by fixed and permanent boundaries, as,
and for, the original boundaries ; and a record of the
location thereof to be made upon the city records ; and a
copy of the last record of such proceedings respecting
any street, with evidence of the location of the boundaries
therein designated, shall in all judicial proceedings, be
prima facie evidence of the place of the original location
of said street.

8. The mayor and aldermen of said city may on pub-
lic occasions, by their order, forbid the passing, tempor-
arily, of horses, carriages or other vehicles, over or
through such streets or ways in said city, as they may

STREETS. 469

deem expedieut. Nothing in any city charter, or in Powers of

acts additional thereto, shall be so construed as to countj- com-
missioners to
deprive county commissioners of the power to lay out, include cities.

alter or discontinue county roads, within the limits of R. s., is7i,

such cities. c.i8,§i.

9. The Portland Gas^ Company are authorized to lay Portland Gas
down, in and through the streets of the city, and to take ^°- authorized

\ , . „ , . ^ ^ to lav down

up, replace, and repair all such pipes and fixtures as may pipes, &c., in
be necessary for the objects of their incorporation, first streets.
haying obtained the consent of the^ city council therefor, ^^^ ^^^' ^- ^^'
and under such restrictions and regulations as said city
council may see fit to prescribe. And any obstruction
in any street of the city, or taking up or displacement
of any portion of any street, without such consent of
the city council or contrary to the restrictions or regu-
lations that may be prescribed as aforesaid, shall be
considered a nuisance. And said company shall be lia-
ble to indictment therefor, and to all the provisions of
law applicable thereto.

10. Persons desii-ous of making an excavation near a Excavations

DGtir streets

streets or public way, may make written application to how to be '
the municipal officers setting forth its nature and extent, made. Re-
and requestinoj their direction thereon ; and they shall ^^^"^^

■* R S IS^ p 1^

in writing direct whether it may or not be made, and if §79'
permitted, the manner of making it ; and when so made,
no liabilit}" is incurred thereby. If not so made, the per-
son making it is liable to pay to the town, in an action
on the case, all damages occasioned by the repair of the
way, or paid to persons injured by defects therein, caused
by such excavation.

11. When a way or street is raised or lowered by a Damages oc-

, , , , . , ^ ^ , . . - casioned by

suiyeyor or person duly authorized, to the injury of an raiding or
owner^ of laud adjoining, he may within a year apply in streeS"^
writing to the municipal oflScers and they shall view such —how deter-
way or street, and assess the damaares, if any, occasioned ™

^11^1 -It,.,. 1 R.S..c.l871,18.

thereby, to be paid by the town ; and any person ag- § 53.

« See title, " Gas," § 3.

^ The "owner" at time of Injury. Sargent v. Machlas, 65 Maine, 591 ;
Hovey v. Mayo, 43 Maine, 322. See also Smith v. Alexandria, 33 Grattan,
reported in Al. Law Jour., vol. 23, p. 437, and cases cited.

470

STREETS.

Amended by
Act 1874, chap.
246.

Sliding and
coasting on
public streets
regulated.

Act 1872, c. 42.

Town ways
across or
under railway,
how built and
maintained.

Act 1878, c. 43.

When not at
grade expense
adjusted by
railroad com-
missioners.

Ibid.

Ways already
laid out.

grieved by said assessment of damages, on petition to the
county commissioners, may have them assessed by a
committee or jury in the manner provided respecting
highways.

12.Tiie muicipal offix^ers may designate and describe
any public streets, roads, or side walks in their respective
towns, on which it shall be unlawful for any person to
slide with a sled^ or other vehicle, under a penalty not
exceeding five dollars and the forfeiture of the sled or
other vehicle so used, to be recovered on complaint to the
use of the town where the offense is committed. When
any streets, roads, or sidewalks have been designated
and described as provided above, the municipal officers
shall cause the same to be recorded in the records of the
town, and their action shall be valid and in force until
modified or annulled by like authority, and it shall be the
duty of police officers and constables to enforce the pro-
visions of this act, and make complaint of all violations
thereof.

13. Townways and highways may be laid out across,
over or under any railroad track, in the manner provided
by law for laying out such ways ; and when such waj^
crosses such track at grade, the expense of building and
maintaining so much of such way as is within the limits
of such railroad, shall be borne by the railroad company
whose track is so crossed ; and when such way is laid out
under or over such track, and not at grade the expense of
buildinoj and maintaining so much thereof as is within the
limits of such railroad, shall be borne by such railroad
company, or by the city or town in which such way is
located, or be apportioned between such railroad com-
pany and such city or town, as may be determined by the
railroad commissioners, upon petition, and after notice
and hearing of the parties. Either party aggrieved by
their decision thereon may appeal therefrom to the
supreme judicial court, at any time after such decision

« A boy coasting upon a sled is not a defect or want of repair in the high-
way for which a city is liable to a person struck by the moving sled. Pierce
V. New Bedford, 129 Mass., 534, and cases cited Shepherd v. Chelsea, 4 Allen,
113; Barber v. Roxbury, 11 Allen, 318; Hutchinson v. Concord, 41 Vt. 271.

STREETS. 471

has been made, in writing, and before the next term of
said court within and for the county in whicl;i such way is
located, at which term such appeal may be entered and
prosecuted by the party appealing. If the party appeal-
ing fails to appear at that term to prosecute the appeal,
the decision of the railroad commissioners shall be final
and conclusive. If the appeal is then entered, not after-
wards, the court may appoint a committee of three disin-
terested persons, not residents of the county in which
such way is located, who shall be sworn, and if one of
them dies, refuses to act, or becomes interested, the court
may appoint another in his place ; and they shall give
such notice as the court has ordered, view the way in
question, hear the parties, and make their report at that
or the next term of the court after their appointment,
whether the decision of the railroad commissioners should
be in whole or in part affirmed or reversed, which being
accepted, and judgment thereon entered, shall be final
and conclusive in the case. Costs may be taxed and
allowed to either pai-ty, at the discretion of the court. In
case of such ways already so laid out, over or under any
railroad track, and not at grade, the expense of building
and maintaining so much of such way as is within the
limits of such railroad, shall be borne as provided above,
the question to be determined upon application of any
railroad company whose track is so crossed, made within
sixty days after notice, in writing, hereafter served on
such railroad company by the municipal officers of any
city or town in which such way is located, requesting
such railroad company to build and maintain so much of
such way as is within the limits of their road. All pro-
visions of any act incgnsistent with this act are hereby
repealed.

14. When a town has duly accepted a town way, and Town may re-
said town way is subsequently discontinued by the county ^l disco^.
commissioners on appeal, before such road shall have tinued.
been opened for travel, such town may at its annual Act i878, c 4i.

472 STREETS.

meeting, holden wi-tliin three years thereafter, by a
majority of Ihe voters present and voting, reinstate
and lay out such town way, under an article in the
warrant for such meeting, for such purpose. And the
damages shall be assessed, and the owners of the land
over which said way passes notified thereof by the muni-
cipal officers, within thirty days after said meeting ; and
any person so damaged, dissatisfied with the amount of
damages allowed, may petition the county commissioner
within fifteen days after said notice, for an increase of
damages, and such action shall be had thereon as isnow
provided in case of town ways laid out on petition, but
nothing in this act shall affect any proceedings or rights now
pending. A town way so re-established and laid out shall
not be discontinued for five years thereafter.
Public high- 15. That the county commissioners of the county of

way may be Cumberland, on petition of one hundred or more citzens

constructed in ^ . , , , tit - i • i i

Portland into ^^ ^^^^ couuty, be and hereby are authorized and empow-

tide-waters. ered to locate a public highway in the city of Portland,

Ferrywayand extending into tide waters of sufficient depth, with a

ntmg. good substantial ferry- way^ and landing therein, suitable

1873, c. 375. ^^V the passage and accommodation of teams and foot

passengers, with right to take private property therefor,

in like manner and effect as in locating other highways in

said county. Said highway and landing shall be governed

and controlled by said city of Portland, and so much of

said higl\way and landing as is not required for said ferry

purposes may be used or leased by said city for any other

purpose.

Towns may 16. Towus may raise moncy for the repair^^ of bridges

assess money ^iid ways, and direct the same to be assessed and col-

andwa/s^as lected as other town taxes, to be expended for the pur-

RS^i8n?c!'i8 P^^® ^^ *^^ selectmen or by road commissioners, as the

§ 55- town directs.

Ways to be 17^ Highways, town ways and streets, legally estab-

kept open and tit, ' & j

in repair. lished, are to be opened and kept in repair so that they

R. S., 1871, c.
18, § 40.

8 See title, " Ferries ;" 8U2)ra.

10 As to meaning of word "repair,*' Todd v. Rowley, 8 Allen, 51.

STKEETS. . 473

are safe^^ and convenient for travelers^ 2 ^jth horses, teams
and carriages. In default tliereof, those liable may be
indicted, convicted, and a reasonable fine imposed there-
for.

18. When a way is established on a line between waysonUne
towns, their municipal officers shall divide it crosswise, ^t^een

' • * ^ ^ . towns.

and assign to each town its proportion thereof by metes j^. ^ . ^^
and bounds, which, within one year thereafter being ac-
cepted by each town at a legal meeting, shall render each
town liable in the same manner, as if the way were wholly
within the town ; when a division of it is not so made, the
selectmen of either town may petition the county commis-
sioners, who are to give notice by causing a copy of such
application with their order thereon, appointing a time
and place of hearing to be served upon the clerk of each
town for thirty days, or by causing it to be published in
some newspaper printed in the county for three weeks
previous to the time appointed ; and after hearing the
parties they may make such division.

19. A hisjhway may be laid out on the line between

^. /.-..,, . . 1 -. ., • How divided,

towns, part of its width being m each, and the commis- and repaired.

sioners may then make such division of it and enter the ibid. § 42.
same of record, and each town shall be liable in all re-
spects, as if the way assigned to it were wholly in the
town.

20. When the municipal officers are appointed survey-
ors of highways by a town, they may in wiiting delegate Municipal offi^
their power or part of it to others. They shall annually, umits to sur-
before the tenth day of May, make a written assignment veyors.

of his division and limits to each surveyor of highways, to ^^^* § ^'
be observed by him.

" " Safe and convenient." These words mean reasonably so. Ibid. This
point fully discussed in the following cases: Church v. Cherryfleld, 33
Maine, 460; Rogers v. Newport, 62 Maine, 101 ; Perkins v. Fayette, 68 Maine,
152; Farrell v. Oldtown, 69 Maine, 72. For further cases as to what consti-
tutes a defect, see cases under § 22, of this chapter.

" It is only those who are using way as " travellers" that can recover for
injuries caused by defects. Those using a street for horse racing or for a
play ground, or for any purpose except as a thoroughfare for travel cannot
clahn rights as travellers. McCarthy v. Portland, 67 Maine, 167; Leslie v.
Lewiston, 62 Maine, 468; Stinson v. Gardiner, 42 Maine, 248; Philbrick v.
Pittston, 63 Maine, 477.

474

STKEETS.

Towns raise
money.
Lists, &c.
Ibid. § 44.

Person injured
by defect in
highway may
recover dam-
ages.

Act 1877, C.52O6,
amending R.
S. 1871, c. 18,

21. Each town shall annually raise money to be ex-
pended on the town and highways, to be assessed as
other town charges. The assessors shall deliver to each
surveyor, on or before the tenth day of May, a list of the
persons and of the assessments on them to be expended
within his limits. Two-thirds thereof are to be so ex-
pended before the first day of the next July.

22. If any person^^ receives any bodily injury, or suf-
fers any damage in his property, through any defect or
want of repair or suflScient railing, in any highway, town-
way, causeway or bridge, he may recover for the same,
in a special action on the case, to be commenced within
one year from the date of receiving such injury, or suffer-
ing damage, of the county or town obliged by law to re-
pair the same, if the commissioners of such county, or the

18 Some leading decisions on this statute are collected and grouped as fol
lows : What constitutes a defect? This question is one of fact, for the" jury
to decide under all the circumstances. Tbe following cases show diflferent
conditions of way which have been passed upon by courts and juries.
Weeks v. Parsonsfleld, 65 Maine, 285 ; Church v. Cherryfield, 33 Maine, 4G0 ;
Bartlett v. Kittery, 68 Maine, 358; Butler v. Bangor, 67 Maine, 385; Ray-
mond V. Lowell, 6 Cush., 534. Towns are not always compelled to keep
their ways free from obsti^ctions from one boundary to the other. This
depends upon the nature and amount of travel. Dickey v. Maine Tel. Co., 46
Maine, 483 ; Whitney v. Cumberland, 64 Maine, 541 ; Howard v. North Bridg-
water, 16 Pick., 189; Dillon on Mun. Corp., § 787 and notes. WHiere there
is no dispute about the facts the question of defect is a question of Imo.
Witham v. Portland, 72 Maine, — ; King v. Thompson, 87 Penn., 369; Cush-
ing V. Boston, 124 Mass., 437.

Want of railings or barriers. If railings are necessary for security of
travellei's tov^^s must furnish same. Rowell v. Lowell, 7 Gray, 100; Blais-
dell V. Portland, 39 Maine, 113; Stinson v. Gardiner, supra; Burnham v.
Boston, 10 Allen, 290. •

Defects in Bridges.— Gregory v. Adams, 14 Gray, 242; Heland v. Lowell,
3 Allen, 407; Hai-riman v. Boston, 114 Mass., 241; Crosby v. Boston, 118
Mass., 71 ; Nebraska City v. tlambell, 2 Black, 590.

Defects in Sidewalks.— Bacon v. Boston, 3 Cush., 174; Witham v. Portland,
supra; RajTuond v. Lowell, sujira; Loan v. Boston, 106 Mass., 450. As to
liability for awnings and falling substances, see various and somewhat di-
verse decisions in Dillon on Mun. Coi'p'^, § 789, note.

As to present law with regard to notice to city, the statute is explicit;
actual notice on the part of an oilicer means actual knowledge.

Direct and proximate cause,— due care. — In order to recover of the city
the person must show that he was in exercise of ordinary care at time of
accident, and that the defect was the direct and proximate cause. Gleason
V.Bremen, 50 Maine, 222; Baker v. Portland, 58 Maine, 199; Garmon v.
Bangor, 38 Maine, 443; Witham v. Portland, supra; 4 Cush., 247; 5 Mass.,
294; 106 Mass., 278; 107 Mass., 347; 117 Mass., 204.

The injuiy must be the result of the defect alone.— Moultou v. Sanford, 51
Maine, 127; Perkins v. Fayette, 68 Maine, 152; Card v. Ellsworth, 65 Maine,
54"; 114 Mass., 507; 13 Met., 297; 107 Mass., 347; 115 Mass., 571.

STEEETS. 475

municipal officers, highway surveyors, or road commis-
sioDcrs of such town had twenty-four hours' actual notice
of the defect or want of repair ; and any person who sus-
tains any injury or damage, as aforesaid, shall notify the
county commissioners of such county, the municipal of-
ficers, or some one of them, of such town, within fourteen
days thereafter, by letter or otherwise, in writing, setting
forth his claim for damages and specifying the nature of his
injuries and the nature and location of the defect which
caused such injury. If the life of any person is lost
through any such deficiency, his executors or administra-
tors may recover of such county or town liable to keep
the same in repair, in an action on the case, brought for
the benefit of the estate of the deceased, such sum as the
jury may deem reasonable as damages, if the parties liable
had said notice of the deficiency which caused the loss of
life ; at the trial of any such action the court may, on
motion of either party, order a view of the premises
where the defect or want of repair is alleged to have ex-
isted, when it would materially aid in a clear understand-
ing of the case.

23. No person shall recover more than two thousand ^^feVct^ln^^^
dollars damages against any town or city, in any action reco\S-^d™m^
on account of injury to his person and property, by reason ^1^^ nog

of any defect or want of repair or sufficient railing, in any f'2ooo.
highway, town way, causeway or bridge. "^^' ^^^' ^' ^^'

24. No town or city shall be liable to an^action for sjippery side-
the recovery of damages to any person on foot, on ac- walk no cause
count of snow or ice, on any sidewalk or cross-walk, nor ®^^<^ti<^°'

on account of any slippery conditiop of any sidewalk or
cross-walk.

25. No person shall recover damages of any town or person know-
city, in any case, on account of injury to his person and ^^s the defect
property, by reason of such defect or want of repair, who no^recover
has notice of the condition of such way previous to the imiess he has
time of the injury, unless he has previously notified the ^^^^^^^ '^^^■

municipal officers of such town or city, or some one of

. "^ Repeal of

them, of the defective condition of such way. All acts inconsistent

and parts of acts inconsistent with this act are hereby re- ^*^'^-

pealed. ^^^-

476

STREETS.

Buildings and
fences exist-
ing twenty
years on a
street or way
deemed true
bounds.

R. S., 1871, c. 18,
§76.

See alsoR. S.,
1871, c. 17, § 10.

Towns must
maintain
guide posts at
crossings of
ways.

R. S., 1871,c. 18,
.§77.

Penalty.

Municipal
officers to
erect guide
posts.

Ibid. § 78.

Penalty.

In relation to
laying side-
walks.

Private laws,
1871, c. 647.

26. When buildings or fences have existed more than
twenty years fronting upon any way, street, lane or land
appropriated to public use, the bounds of which cannot
be made certain by records or monuments, such buildings
or fences shall be deemed to be the true bounds thereof.
When the bounds can be so made certain, no time less
than forty years will justify their continuance thereon,
and on indictment and conviction they may be removed.

27. Towns shall erect and maintain at all crossings of
highways, and where one public highway enters another,
substantial guide posts not less than eight feet high, and
have fastened to the upper end of each a board, on which
shall be plainly printed in black letters on white ground,
the name of the next town on the route, and of such
other place as the municipal officers direct, with the
number of miles thereto, and the figure of a hand with
the forefinger pointing thereto; and for any neglect
herein, towns shall be subject to indi'ctment, and fine not
exceeding fifty dollars.

28. If the municipal officers of any town unreasonably
neglect to cause a guide post to be erected in their town
as provided by law, they shall forfeit and pay five dollars
for each month's neglect, to be recovered in an action of
the case by and to the use of any person suing therefor.
Plantations assessed in state or county taxes, and their
officers, are under the same obligations and subject to the
same pennies in these respects as towns.

29. The city of Portland may at their option without
notice, and under such regulations or orders as they may
have established or passed, or may hereafter establish or
pass, construct sidewalks or footways, laid with brick,
flat stones, concrete, or other materials, with suitable,
curbs, on any street or portion thereof, and direct one-
half the cost thereof to be assessed on adjacent lots, and
for that purpose may direct the curb to be set at any time
previous to the construction of the walk, and cause the
cost of the curb and the cost of the paving of the walk to
be assessed separately, as each is or may be done ; pro-
vided that no owner or proprietor shall be assessed for
more than two hundred feet in length of sidewalk or foot-

STREETS. 477

way, on any one street in front of any unimproved lots
or parcels of land. The expense of said walks^^ complete,
or of said curbs, or of said paving, shall be estimated and
assessed within one year, by the mayor and aldermen of
said city, on the several lots chargeable therewith, and by
them certified to the city treasurer, in the manner and with
all rights to the parties interested, as provided in section
twenty-four of the act to which this is additional, and be
enforced as therein provided, but said assessment shall
at any time be corrected on due notice, and certified anew
by the mayor and aldermen aforesaid, and no assessment
shall be void by reason of error in the name of the owner
or occupant of the lot assessd, provided the lot assessed
is so described that the same may be distinctly known.

Ordinances.

1. The several streets of the city shall continue to

be called and known by the names given to them Streets to be
respectively by the selectmen of the town of Portland, continued.

, T Til , . . ^^v- <^^-' 1868.

the mayor and aldermen of the city, or the city
council, until the same shall be altered by the city
council.

2. There shall be appointed, annually, by the city^^

council, a joint committee to be called the committee laying out new
on layinor out new streets, to consist of three members ^^^** *^ ^

x« 1 1 1 /» appointed.

ot the board of mayor and aldermen, and three ibid.
members of the common council.

3. Said committee, when thereto directed by vote committee to
of the city council, shall lay out, widen or otherwise layout, &c.
alter any street or public way, and estimate the ^ ^ ^
damages any individual may sustain thereby ; and '^^^^g^
they shall report to the city council, the laying out or ^^^ ^^^^^
alteration of such street or way, with the boundaries city coimciL
and admeasurements thereof, together with names of i^^ci.

" See full law of 1870, c. 348, contained in §§ 27, et seq. of " Charter," supra

" This committee for this purpose represents the city council. Notices to
appear before it are regarded ae notices to appear before the city council.
It is not necessary that parties have notices to appear before the city coun-
ciL Preble v. Portland, 45 Maine, 24L

478 STREETS.

the parties to whom damages have been assessed
therefor.

4. There shall annually be elected by the city

Commissioner council in convention, an able and discreet person, to

ei^ected!*^^ ^ be styled the commissioner of streets, vrho shall

Ibid, continue in office until removed, or until a successor

To be sworn, be appointed, and he shall be sworn to the faithful

Compensation, performance of his duty. He shall receive such

May be re- compensation for his services as the city council shall

establish, and shall be removable at their pleasure ;

and in case said office shall become vacant by death,

resignation, or otherwise, a successor shall be foith-

with elected in the manner prescribed.

Duties of com- 5. It shall be the duty of the commissioner of

missioner. streets to keep all streets within the city safe and

convenient for travelers, to superintend the general

state of the streets, sidewalks, lanes, alleys, public

siiaii not walks and squares of the city, to attend to the widen-

giade of ing, alteration and repairs of the same ; but he shall

streets, with- 3 ^^^ ^q authorized to chano^e the g^rade of any street,

out, &c. . .

or make any permanent repairs thereon , without hav-
To make con- i^& ^^^^ obtained therefor the sanction in writing of
tracts. the committee on highways, sidewalks, and bridges.

He shall make all contracts fotr the supply of labor
To have charge and materials for the same, take general care of the
of teams, &c. Qg^y.^^ ^ud tcams owncd by the city, and make all nec-
essary arrangements for cleaning the streets, disposing
of manure, and removing house dirt.
Powers of 6. All the powcrs given to, and all the duties

nii^I'^lr™ required from the street commissioners of the town
given to com- of Portland, as defined and declared by an act of the
streeTs"^^ ^ legislature, passed on the nineteenth day of February,
Ibid. in the year eighteen hundred and thirty-one, are in

^a^gessuttSned ^^^^ manner given to and required from the comniis-
inconse- sioucr of strccts, and any damages or expenses which
neglect of ^hc city may legally sustain in consequence of any
duty. neglect of duty on his part shall be paid by him.

STREETS. 479

7. The commissioner of streets shall make himself commissioner
acquainted with the lines and bounds of streets, and ^^^^^^^®

^ ^ ' acquainted

remove any fences or other obstructions in the lanes, witii lines, &c.
alleys and squares, and he shall perform generally ^^^'^^®^^-
such duties relative to the same, as the mayor and
aldermen or city council may require. He shall make '^^ remove ob-

1 -11 ni.i structions.

such arrangements with the overseers of the almshouse t^ perform du-
for the purpose of procuring labor and materials, as ties prescribed
the interests of the city seem to require, and may aidei-men or
have the teams owned by the city, kept at the city ^^^ council,
farm, under such regulations as may be agreed upon arrangements
by him and the overseers of the poor, or whoever fo^* supply of

•^ *■ labor.

may have charge of the farm.

8. The commissioner of streets shall as often as commissioner
once in every month, discharge all bills by him con- charge aii
tracted as commissioner, by funds to be supplied to ^^"^ ^°^® *

- . _ month,

him from the money received and appropriated for ibid.
that purpose, and also render to the board of aldermen '^countto board
a regular and complete account of the expenditures o^ aldermen,
by him incurred, which account shall be audited count of re-
monthly by said board, and he shall also keep an ^^^g^^^^g
accurate account of all his receipts and expenditures, to present an-
and present the same to the committee of accounts ^^^^ account.
for their examination and approbation, annually, that
the same may be laid before the city council.

9. It shall be the duty of the commissioner of

'^ To cause stone

streets to cause stone monuments to be erected at monuments to
suitable places in any street, alley, square, or public ^^herTc^'
place, when thereto directed by the committee on ibid.
laying out streets, or the city engineer ; and all mon-
uments so erected shall be recorded in the street To be recorded,
books.

10. No person shall remove, or cause to be

-, i 1 T , .T /» Monuments not

removed, any monument placed at the comer of any to be removed
street, or on the line of any street, to mark the width ^"^^^t' *c.
or course of such street, without the peimission, in ^''^'

. /

480 STREETS.

Penalty. Writing, of the mayor and aldermen first obtained,

under a penalty of twenty-five dollars for each offence.
Dangerous lots 11. Owners and lessees of any lot of land abutting
fn^'f *° ^® on any street, lane, or private way in this city, which
Ibid. for want of a fence or rail shall be dangerous, shall

place, or caused to be placed in front of said lot,
upon or near the line of said street, lane, or private
way, a fence, rail, or guard, which in the opinion of
the street commissioner shall be a sufficient guard or
protection to the public from danger, by reason of
the situation of such lot. And if any owner or lessee
of such lot shall refuse or neglect compliance with
Penalty ^^® requirements of this section, he shall on convic-

tion pay a penalty of not less than one dollar nor
more than five dollars for every day during which
such lot shall remain unfenced ; and if the owners or
lessees aforesaid shall neglect or refuse for two days
after notice in the premises, from the city marshal or
^^ ^ , any police officer, to build or cause to be built such

street commis- , ^

sioner shall fcucc or guard, the street commissioner shall forth-
be^enced. ^ ^^^^ cause a proper fence or rail to be constructed in

front of such lot, at the cost of the owners or lessees

thereof.

12. No person or persons shall break or dig: up, or

streets not to • . • i i . •,. . «

be dug up, or assist lu breaking or digging up, any part ot any
gravel re- street, or rcmove any travel or other similar thing:

moved from, . .

without therefrom, without having first obtained the license

ujid^^ ' ^ ^^ *^® mayor and aldermen in writing, or of some
person by them authorized for that purpose, under a
penalty of not less than five nor more than twenty
dollars ; and a like sum for ev^ery day that he shall
Penalty. neglect or refuse to repair the same, to the satisfac-

tion of the mayor and aldermen,
streets broken ^^' Whosoever shall, by virtue of such license,
up shall be break or dig up, or cause to be duo: or broken up,

repaired. /. ^ '

any part of any street, shall, within such time as the
mayor and aldermen, or some person by them author-

STREETS. 481

ized, may order, cause the same to be repaired and
amended, to the satisfaction of the mayor and alder-
men, under a penalty of not less than five nor more Penalty.
than twenty dollars for each and every day that he or
they shall neglect or refuse so to do after such order.

14. No person shall open or make any drain or
aqueduct, or repair the same, by digging up the ^^q^^^j;^^'*^^^,^
ground in any street, court, alley, or other public opened or re-
place in the city, without first obtaining a license outuirsf'
therefor from the mayor and aldermen, or from some ibid.
person by them authorized, in writing, specifying in Penalty,
what street, court, alley, or public place the drain or
aqueduct is to be made or repaired. And the person

who shall dig, make or repair, or cause to be dug,
made or repaired, any drain or aqueduct than as above
stated, shall for each offense forfeit and pay a sum not
less than five nor more than twenty dollars, and a like
penalty for every day that the same shall continue
open.

15. When any person^^ has obtained a license to when ucense
open or make or repair a drain or aqueduct, he shall opST drain,
complete and finish the same with all possible dis- &c., streets to
patch, and shall in filling and covering up the same, satiTfactii^n of
do it to the satisfaction of the commissioner of streets ; commissioner.

Ujid.

and in case of neglect so to do, the said commissioner ButseeOrd of
shall cause the same to be done in suitable manner, at Sept. u, i869.
the expense of the person to or for whom said license
was ofranted, and one-half of the street shall be kept one half of

^ ^ -to be

constantly open for the passing of teams or carriages, teptopen.
and the person who shall dig, make or repair any ^ on\ t
drain or aqueduct, shall keep a good and sufficient Juiy u, i869,
fence or railing around the same during the whole* *^^ " ^''*'"
time of making or repairing thereof, except when the up.
laborers are actually at work ; and a lighted lantern To be lighted.

" This section is amended by §§ 77 and 18 post of this chapter, ortlinances
of July and September, 1869.

482

STREETS.

Penalty.

Notice to be
given of inten-
tion to build.

Portion of
street to be
allotted.

Portion allot-
ted to be used
for building
materials, &c.

Rubbish, &c.,
to be carried
away.

In case of neg-
lect, to be re-
moved at ex-
pense of per-
son.

To be lighted.
Penalties.

Ibid, as amend-
ed by city
charter, § 10.

or some other proper and sufficient light, shall be
fixed into some part of such fence, or in some other
proper manner, over or near such open drain or
aqueduct, from twilight in the evening until daylight
in the morning, during all the time such drain or
aqueduct shall be open, or in a state of repair ; and
whosoever shall be guilty of a breach of any part of
this section shall be liable to a penalty for each offence
of not less than ten nor more than fifty dollars.

16. Every personi''' intending to erect or repair any
building upon land abutting on any of the streets,
shall make the same known to the mayor, who shall
have power and authority to allot such portion of the
street, thereto adjoining, as he shall deem expedient
and necessary, on which to deposit materials for the
work provided, that not more than one-half of the
width of the street shall be so occupied. And the
part or portion so allotted, and no other part of said
street shall be used for laying the materials for any
such building or repairing, and for receiving the
rubbish arising therefrom. And all the rubbish aris-
ing therefrom or thereby shall be carried away by the
person or persons so building or repairing, at- such
convenient time as the mayor, as aforesaid, may direct,
and in case of neglect or refusal so to do, it shall be
removed by the commissioner of streets, or other
person authorized as aforesaid, at the expense of such
person or persons. And in all cases the portion so
allotted shall be enclosed and lighted as prescribed in
the preceding section. Every person ofiending against
any of the provisions of this section shall be liable
^o a penalty for each offence of not less than five nor
more than twenty dollars, and a like sum for every
day such offence shall be continued or repeated.

" This section is amended by ordinance July 19, 1869, § 77, post.

STREETS. 483

17. No person shall place or cause to be placed in Lumber, stones
any of the streets, alleys, squares, or other public Materials n?t
places of the city, any lumber, stone, or building to be placed m

streets to re-

materials of any kind, and suffer the same to remain mam over sLx
over six hours, without the permission of the mayor ^''"''^•
and aldermen, or of some person by them authorized, penalty.
and every person offending against either of the ibid.
provisions of this section shall be liable to a penalty
of not less than five nor more than twenty dollars ^^^ ^^ ^■

•^ moved at ex-

for each offence, and the city marshal may remove any penseof own-
such lumber or other materials at the expense of the ®^'
owner or owners thereof.

18. When the owner or owners of any such articles Proceedings
mentioned in the preceding section, shall be unkno^^Ti, ^f^^se^tTre-^
or beinor known, after notice by the city marshal, move them.

. . Ibid.

shall neglect or refuse to remove the same within the
space of twenty-four hours, unless the mayor and
aldermen or some person by them authorized shall
give permit that the same may longer remain, it shall '
be the duty of the city marshal, or deputy marshals,
to cause the same to be advertised, and unless such
articles or things shall be duly removed, within forty-
eight hours after the same shall be so advertised, and
the cost thereof paid, he shall cause the same to be
sold at public auction, and after deducting the reason- To be sold at

auction.

able expenses and charges of such sale, he shall pay
the balance into the city treasury.

19. No person shall blast any rock or other sub-
stance with orunpowder at any place within fifty rods ^'o person to

blast rocks

of any street or public place in the city, without mthinfiftj-
license of the mayor and aldermen, in writing, ^^^0""^/*^^*'
specifying the te1:'ms and conditions on which said license,
license is granted, under a penalty of not less than i^^<i-
twenty dollars for each offense ; provided, however, penalty,
that the remedy of any person injured by the blasting
of rocks shall not be affected by this section.

484

STREETS.

Persons not to
play bat and
ball.

Not to throw
snow balls.

Ibid.

Penalties.

Not to shoot
with bow and
arrow.

Penalty.

Ibid.

Not to fly kites.

Ibid.

Not to coast on
sleds or skate.

Penalty.

Gaming tables
and devices
not to be
exposed in

Ibid.

No person to
play at unlaw-
ful games in
street.

No person to
swim or bathe
in exposed
situations.

Ibid.

Penalty.

Manure not to
be taken from
streets with-
out permis-
sion.

Ibid.

20. No person shall play at bat and ball, or foot
ball, or throw stones, brick bats, clubs, or snow balls
within any of the streets, alleys, squares, or other
public places of the city, under a penalty of not less
than one nor more than twenty dollars for each oifence.

21. No person shall shoot with or use a bow or
arrow, in any street, alley, or square within the city,
under a penalty of not less than one nor more than
twenty dollars for each offence.

22. If any person shall in any street, alley, or
public place set or fly a kite, or shall course or coast
upon a sled^^ or skate on any side walk in the city,
such person shall forfeit and pay for each offence a
sum not less than one nor more than ten dollars.

23. No person shall expose in any street, alley,
square, or other public place, any table or device of
any kind whatsoever, upon or by which, any game of
hazard or chance can be played, and no person shall
play at any such table or device, or at any unlawful
game in any street, alley, square or other public place, or
on any of the wharves, under a penalty of not less
than five nor more than twenty dollars for either of
said offences.

24. No person shall swim or bathe in the waters
surroundipg the city, which are adjacent to any of the
wharves, bridges, avenues, or railroads leading into
the same, so as to be exposed to view of spectators,
under a penalty of not less than five nor more than
twenty dollars for each offence.

25. No person shall take or carry away any street
dirt or manure, collected from any street or public
place in the city, without permission of the commis-
sioner of streets first obtained, under a penalty for
every offence of not less than three nor more than
ten dollars.

" See § 12 and note, supra.

STREETS. 485

26. No person shall obstruct any street, or any part streets shau
thereof, by placing therein any house, barn, stable, g^uctedby
shop, or other buildinof, and no person shall remove moving of

. ^' ^' ^ buildings.

or draw through or upon any street, any house, barn,
stable, shop, or other building, without first obtaining
permission of the mayor and aldermen, and filing a
bond with sufficient sureties, approved by the mayor, nji^.
with the treasurer of the city, conditioned to indem- Building ob-
nify the city for all damages sustained by drawing or gj^^g^^^^^ ^
moving such building; and if any building shall removed at
remain in any street or place, beyond the time allowed o^ers! ^
by such permit, it shall be the duty of the city
marshal, when directed by the mayor and aldermen,
to cause such building to be taken down or removed
out of the street at the expense of the oTsiier thereof.

27. Any person ofiending against either of the Penalties,
pro^asions of the preceding section shall forfeit and ^^*^"
pay for each ofience a penalty of not less than fifty
dollars, and shall further be liable to indemnify the

city for all damages to which it may be subjected in
consequence of such violation.

28. No person shall place, or cause to be placed, or

shall suspend or cause to be suspended fi-om any house. No goods or
shop, store, lot, or place, over any street, any goods, ^^^e place?
wares or merchandise whatsoever, or any other thing, fo astopro-
so that the same shall extend or project from the wall street.
or front of said house, store, shop, lot, or place, iwd.
more than one foot towards or into the street, under Penalty.
a penalty of not less than three nor more than twenty
dollars for each offence.

29. It shall be lawful to place, or continue to main- Awnings may
tain awnings and shades before any house, shop or Replaced,
store, in any street, upon the terms and under the
regulations mentioned in this section, and not other- Regulations,
wise ; provided that the mayor and aldermen, as to ^^^^'
particular buildings or streets, may order that no
awnings or shades shall be erected. Such awnings

486 STREETS.

or shades shall be safely fixed and supported, in such
manner as not to interfere with passengers, and so
that the lowest part thereof shall never be less than
eiofht feet in heiofht, above the sidewalk or street, and
in no case to extend beyond the line of the sidewalk ;
and the person so placing or continuing to maintain
the same, shall in all respects conform to any direc-
tions in relation to the materials, the construction and
maintenance thereof, wjiich shall be given by the
mayor and aldermen. Any person violating any of
the provisions of this section, or such directions of
the mayor and aldermen shall.be liable to a penalty
of not less than three nor more than twenty dollars,
and to a like penalty for every day that such awning
or shade shall be continued in violation of such pro-
vision or direction.
Signs, &c., not 30. No pcrsou shall hang, erect or fasten any sign,
toproject into gj^Q^y.^jiH, lantern, or show-board of any description
Ibid. whatever, which shall project into any street more

Penalties. than One foot, under a penalty of not less than five
nor more than twenty dollars for each ofience, and a
like penalty for every day such sign, show-bill, lan-
tern, or other board shall be continued after an order
to remove the same, given by the mayor and alder-
men, or any person authorized by them.
Making noises 31. No pcrsou shall in any street or other public
bidden^*^*^^ place make any loud and unusual noises, by shouting,
Ibid. sounding horns, drums, or any instrument or thing,

nor sing, nor utter any obscene and indecent songs or
words, nor shall in any other unruly or boisterous
manner disturb the peace, quiet and good order of
the city, under a penalty of not less than five nor
more than twenty dollars for each oflence.
tiery, &c.,in 32. No person shall stand in any street or on any
streets forbid- sidewalk for the purpose of ^rrindino^ cutlery, or for the

den, unless .

licensed. Sale of any article, or for the exercise of any other
i^id- business or calling, unless duly licensed by the mayor

STREETS. 487

and aldermen, under a penalty of not than three nor
more than twenty dollars for each offence.

33. No person shall constructor place, or cause to Porticoes,

*■ '■^ porches, Ac,

be constructed or placed, any portico, porch, door, not to project
window, or step which shall project into any street, pen^itT^^*
under a penalty of not less than twenty dollars for n>id.
each offence, and a like penalty for each day that the
said portico, porch, door, window, or step, shall be
continued as aforesaid after notice to remove the
same from the mayor and aldermen, or some person
by them authorized.

34. It shall not be lawful to construct or to con-

Cellar doors,

tmue to mamtam any cellar door or cellar door-way, &c.
in any sidewalk, or projecting into any street, for the ibw.
purpose of being kept open as a common entrance,
except as herein provided. No occupant or other per-
son having the care of any building, shall suffer any
cellar door, or cellar doorway, connected with such
building, projects into any street to remain open, or
the platform thereof to be removed more than fifteen ^^ ^ ^

*■ Not to remain

minutes during any part of the night time, or for more open unless
than two hours in the whole during the day time,
unless duly licensed so to do by the mayor and
aldermen, and in all cases whenever any such cellar
door or door- way shall be open in the night time as
aforesaid, a good and sufficient light shall be kept at
the entrance of such door or dooi'way. Every per-
son offending against any of the provisions of this ^^fentranc?
section shall forfeit and pay a penalty of not less than

/? 1 1 n "i 1 «. Penalties.

nve nor more than twenty dollars for each offence*

35. Every entrance or flight of steps descending
immediately from any street, into any cellar or base-
ment story of any building, where such entrance or steps to be se-
flight of steps shall not be safely and securely covered, ^^^^ ^'^^^
shall be enclosed with a railing on each side, penna- chains.

Ibid.

Light to be
placed.

Penalties.

4gg STREETS.

nentlyput up, at least three feet high from the top of
the sidewalk or pavement, together with either a gate to
open inwardly, or two iron chains across the front of
the entrance way, one near the top and the other
half way to the top of the railing ; and such gate or
chains shall, unless there be a light over the steps to
prevent accidents, be closed during the night. And
any person who shall be guilty of a violation of any
of the provisions of this section, shall he liable to a
penalty of not less than five, nor more than twenty
dollars, and a like penalty for each and every day
during which such violation continues, which penalty
may be recovered of the owner, occupant or other
person having charge of such building.
Apertures and 36. Xo persou shall make, or cause to be made,
rbe^made"^' any aperture in or under any street or sidewalk, for
without the purpose of constructing coal-holes, or receptacles

for any other article, or for light or air, or for an
entrance or for any other purpose, extending more
than eighteen inches into the street, without the
license of the mayor and aldermen, under a penalty
Penait}-. of uot Icss than two nor more than twenty dollars for

each ofiense, and a like penalty for every day the
same shall remain after notice to securely fill up and
close the same, given by the mayor, or city mar-
shal, or deputy mashal ; and no person shall leave

PiOt to DC 16xt

open. such coal holc or other aperture open or unfastened

after sunset, nor in the day time unless w^hile actually
in use, with a person or persons by the same, under
a penalty of not less than two nor more than ten dol-
lars for each offence.

Gratings in 37. No persou shall affix or place, or cause to be

sidewalks not /c j i i ... ; ,

to extend atlixea or placed, or contmue m any street or side-
more than walk, any grating, extendino^ more than eio-hteen

eighteen in- . i . ,

ches. mches mto the street, without the license of the

Penalties. mayor and aldermen, under a penalty of not less than
^^^^- two nor more than twenty dollars for each offense,

Penalty,

STREETS. 489

and a like penalty for every week the same shall
remain after notice to remove the same given by the
mayor, city marshal, or deputy marshal.

38. The mayor find aldermen, upon application Mayor ami
therefor, may authorize the construction of coal-holes auth^ze ^e^
or apertures for the purposes herein before mentioned, construction

, . 1 /. 1 1 .1 of coal holes

and gratmgs therefor, to extend more than eighteen and giatings.
inches into the street, in such manner as they deem i'^^'^-
suitable, and under the direction of the commissioner
of streets, or some person by him authorized, at the
expense of the applicant ; and they may also author-
ize the continuance of any arratino^ already constructed,

•^ *= * / Not to extend

provided that in no case shall any grating be author- more than
ized to extend more than three feet into the street. ^^^^' *®®*'

39. No person having for the time being the care Horses shaii

n 1 J.1 1 J. !• 1 1 • not be driven

or use ot any horse or other beast oi burden, carriage in street at a
or draught, shall ride or drive or cause the same to ^^^'^^ ^'^^e

. than six miles

be driven through any part or the city at a taster rate an hour.
than six miles an hour, under a penalty of not less n>id-
than five dollars nor more than twenty dollars for Penalty.
each offence.

40. No owner or person having the charge of any Horses, cattle
horse, kine, swine, sheep, goat, or other grazing animal, ^^^^ swine not
shall turn into nor permit the same to go at large in lar^

any street, or public place, under a penalty of not ujid.
less than five dollars nor more than twenty dollars for Penalty,
each offence.

41. No person shall, within any of the streets, Horses or ani-

^ I *' ^ ' malsnottobe

alleys, squares, or public places of the city, by means frightened.
of any words, noises, gestures, or any other act, ™^^-
wantonly frighten or drive any horse, or other animal ^®°^^^'
under a penalty of not less than five dollars nor more
than twenty dollars for each offence.

490 STREETS.

COMMERCIAL STREET. 19

42. No railroad engine, car or cars, whether sepa-
rately, or in connection with any train, shall be allowed

'^mcomLmS ^^ P'"^^^ ^^ ^^ ^^^^ ^^y P^^* ^^ Commercial street, in

street reguiat- this city, at a speed exceeding the rate of six miles

Ibid P®^ hour. And all railroad corporations are hereby

restricted and prohibited from passing on or over said

street, with any locomotive engine, or car, or cars,

as aforesaid, at a speed exceeding the rate aforesaid.

Bells of loco- 43. Every railroad corporation shall cause the bell

mo n^es o e ^^ ^^^^ locomotivc engine to be rung, and kept ring-

ibid. ing, during the w^hole time of its passing on or over

said street except when, to prevent accident, it may

be necessary to break up or stop, in Avhich case notice

thereof shall be given by the steam whistle.

19 Fpr laying out of Commercial Street, see city records, book 7, page 210.
The important contract of the city with the Atlantic and St. Lawrence Rail-
road Company, dated April 1, 1850, is recorded city recoi'ds, book 7, page 245
et seq. The following is the order of city council, Nov. 7, 1850, laying out
twenty-six feet on water side of center of said street for the benefit of the
Railroad.

In Board of Mayor and Aldennen. i
Nov. 7, 1850. \

Whereas, by a contract entered into between the city of Portland and the
Atlantic and St. Lawrence Railroad Company, on the first day of April, 1850,
for the consti-uction of Commercial street and for other purposes, it is pro-
vided that said Railroad Company shall have the right to use and improve
the space of twenty-six feet in width of the whole length of said Comniercial
street, and of any street now established or that may hereafter be established
in connection therewith for the purpose of laying down and using a double
railroad track and running trains thereon from the depot of said railroad
company on India street to the depot of the Portland, Saco and Poits-
mouth Railroad Company on Canal street, and for other purposes, and fur-
ther that said tAventy-six feet shall be located in the center of said sti-eet,
or on the water side thei'eof as said city may direct, except where it may
become necessary to make curves for the purpose of reaching or improving
any depots now made or that hereafter be made at the termini aforesaid, or
on the line of said street.

Therefore ordered :— That said twenty-six feet be located on the water
side of the center of said sti'eet except where it may become necessaiy to
make curves for the purpose of reaching depots now made or to be made ;
and at those points to be so located as shall best accommodate said Railroad
Company and as said company may detenuine.

Read and passed, and sent dovra for concurrence.

Read and passed in concurrence.

Attest: Wm. Boyd, Clerk.

A true copy. City records, vol. 7, page 244.

STREETS. 491

44. Every railroad corporation shall cause a suita- Brakemento
ble number of brakemen to be attached to the brakes ^rakes?^^^ *^
of the several cars, and shall cause all such brakemen iwci.

to attend to, and promptly perform their appropriate
duties, at their respective brakes, and to continue at
said brakes while passing in said street.

45. If any railroad corporation, or their agents or
servants, shall neglect or refuse to comply with any
or either of the provisions contained in the three

^ ^ Penalties.

preceding sections, such corporation shall forfeit for
every such neglect or refusal the sum of fifty dollars
to the use of the city.

46. All articles brouo^ht by railroad to be landed in Articles to be

/-I • 1 n 1 111 1 unloaded on

Commercial street shall be landed on the south side southeast side
of the railroad track, and any article landed in the of railroad
street, either from or for the purpose of being loaded
upon the cars, shall be so placed as not to obstruct Not to obstruct

. . . ^ . 1 , streets leading

any street crossing on Commercial street or connect- to, or passage

ing with it, and so as to leave a clear space not less ^^^®-

than fourteen feet in length, from the coping stone,

and shall not be allowed to remain in the street over

six working hours after they are landed. Provided, Proviso.

however, that cars may be unloaded in stores, and ibia. as amend-

1 -I 1 J? ed by Ord.

loaded from stores, on the northwesterly side of said Aug.27, i869.
railroad track, after four o'clock in the evening.

47. Xo railroad engine, tender, or car, whether
separately or in a train, shall be allowed to stop on .

, . ^ Engines, &c..

Commercial street, in such a manner as to obstruct any not toobstx-uct

, , • /^ • 1 . , streets or pas-

street or passage way crossing Commercial street, or gage ways,
connected with it, nor to remain standing on any part Rev. Ord. ises.
of the street any longer time than is actually neces-
sary for unloading or taking in the freight of such car
or train.

48. No side track or turn-out shall be laid in Com- ^tuJn^u'tsnot
mercial street, except by permission from the mayor witifoutper-
in writing, and under such restrictions in regard to ^l^^^ °'^^°''

492

STREETS.

Street commis-
sioner to su-
perintend the
same.

Vessels or
boats not to
be made fast
to sea wall or
coping stones.

Ibid.

Not to lay so as
jib-boom, &c.
may project.

Articles not to
be shipped or
landed over
coping stones.

its construction as he may prescribe ; and whenever
such permission is granted, it shall be the duty of the
street commissioner to superintend the work, and he
shall be authorized and required immediately to
remove any side-track or turn-out laid or maintained
in violation of this section.

49. No vessel or boat of any description shall be
allowed to be made fast to the sea-wall or coping-
stone, or any other part of Commercial street, nor
lay at the head of any dock along said street, so that
the jib-boom or bow-sprit, or any other fixture of
the vessel or boat shall project over the line of the
the street, so as to obstruct the passage way, nor
shall any article be landed from, or be shipped on
board any vessel or boat, on or over the coping-stone
of said street.

50. Any person, or corporation, master, or owner
of any vessel or boat, violating any of the provisions
of the four precedmg sections, shall incur a penalty
to the use of the city, of not less than five nor more
than twenty dollars, according to the nature and
degree of the offence.

SIDE WALKS. 20

51. The joint standing committee on highways,
sidewalks and bridges, are hereby empowered so to
regulate the width and height of the sidewalks of any
of the streets, as shall, in their judgment, be most
conducive to the convenience and interest of the city,
and the city council may accept such sidewalks, after

Sidewalks may ^^q game shall be put in o^ood and perfect repair by

be accepted jr & f i j

after put in the abutters on such streets, and after the same shall
be relinquished in writing to the said city, by sucn
abutters.

52. After such relinquishment and acceptance, such
sidewalks shall be maintained at the expense of the

Penalties.
Ibid,

Width of side
walks regu-
lated.

Ibid.

repair.

See § 29 of statutes, this title, supra.

STREETS. 493

city, provided that when any sidewalk shall require citytomain-

/. -\ 1} 1. • i.^ n 1 tain sidewalks

repair, m consequence of any detect m the cellar door, relinquished.
curb, step or steps, cellar window, coal-hole, cellar Proviso.
wall, or from any other cause, within the control of ^^^'^*
the owner or occupant of the estate to which such
sidewalks adjoin, then and in that case such repairs
shall be made at the expense of the owner or
occupant.

53. The commissioner of streets is authorized, Bricks and
whenever approved of by the committee on highways, furnished to
&c. to furnish at the expense of the city, good bricks ^^^ s^^®-
and sand at the rate of five and one-half bricks for ^^^^^ ^nd
everv superficial square foot of sidewalk, to any owner amendment
or occupant of any estate, adjommg which a side-
walk is necessary ; and in cases where bricks are thus '^^ r thrdirec^
furnished, the sidewalk shall be laid down under the tion of street
direction of the commissioner of streets, and in all co^^^sioner.
cases the person to whom the bricks are thus fur-
nished, shall pay the expense of setting the curb stone,

and for laying the bricks, and shall furnish such curb
stone as shall be approved by the commissioner of
streets, subject in all cases to the following specifica-
tions :

Each and every stone to be of first rate quality of specifications,
granite, and to be at least six inches wide on top, not
less than six feet long, and of uniform depth, not
less than eighteen inches, and to be straight lined,
without wind, and free from bunches or depressions ;
to be peen-hammered on top, and three inches down
on the back ; the front to be pointed down not less
than twelve inches, and the ends squared and jointed
the whole depth of the stone.

54. Whenever the city council may require the when city
sidewalk or foot way in front of any lot of ground, council re-
fronting on any street or way, in the city of Portland, walks to be
to be paved, it shall be the duty of the commissioner p*^^^

494

STREETS.

Ord. June 2,
1863.

City assume
one-half the
expense.

Ibid.

Names of
streets to be
recorded.

Rev. Ord. 1865.

Sidewalks and
description to
be entered.

Alteration In
sidewalks.

Ibid.

Post and trees
not to be set
without con-
sent, &c.

Carriages.hand
carts, &c. not
to go on side-
walks.
Ibid.

Horses or ani-
mals not to
stand upon.

of streets to notify the owner or tenant of such lot,
in writing, of such requirement. And if the owner
of such lot shall refuse, or neglect to pave the same
as aforesaid, to the satisfaction and approval of the
committee on streets, for the space of twenty days
after notice as aforesaid, it shall be the duty of said
commissioner to pave such sidewalk or footway in
such manner as said committee may direct.

55. The city council shall assume one-half part of
the cost or expense of paving the sidewalks or foot-
ways of the streets of said city, as provided for in
the preceding section, said cost or expense to be esti-
mated and determined by the committee on streets ;
and the city will cause said proportion of the cost or
expense of said sidewalk or footway to be paid in
money or materials, as the committee on streets shall
determine and elect. I

56 The city clerk shall keep a book in which the
names of the streets shall be alphabetically arranged,
and in which all the sidewalks which now are, or may
hereafter be accepted as aforesaid, shall be entered
with the date of such acceptance, the length and
width of each sidewalk, and the names of the owner
or, owners of the adjoining estates.

57. No person shall make any alteration in any
sidewalk, or set any posts or trees on any of the side-
walks or in any part of the street, without the consent
of the mayor and aldermen, or some person by them
authorized under a penalty of not less than five nor
more than twenty dollars for each ofience.

58. No person shall drive, wheel or draw, any
coach, caii:, hand-cart, hand-barrow, or other car-
riage of burthen or pleasure, except children's hand
carriages, and drawn by hand ; or drive or permit any
horse or other animal under his care to go or stand
upon any foot-path or sidewalk in the city, under a

STREETS. . 495

penalty of not less than five nor more than twenty
dollars.

59. Xo person shall saw or split any firewood upon

any footwalk or sidewalk of any street, nor place the ^^ ssivrea or
same thereon, and no person shall stand on any such sput upon,
foot or sidewalk, with a woodsaw or horse, so as to
obstruct a free passage for foot passengers, under a
penalty of not less than one nor more than twenty
dollars.

60. Three or more persons shall not stand in a Persons not to

stand in a

gi'oup, or near to each other, on any sidewalk or group upon
crosswalk or in any street or public way in such a ^^^^f^^^ ^^o^^-

•^ L J walks, so as

manner as to obstruct a free passage thereon or there- to obstruct.
in, after a request from any person to make way,
imder a penalty of not less than two nor more than Penalty,
ten dollars. And if three or more persons, standing
in a gi-oup or near to each other, on any sidewalk or
crosswalk, or in any street or public way in this city,
so as to obstruct the walk, street, or way in any man-
ner, shall refuse or neglect to pass on immediately, ^^™°^®°°-
on being directed so to do by the mayor, any alder-
man, city marshal or deputy, or any policeman, con-
stable, or watchman, they shall each and severally be
liable to a fine of not less than five nor more than ^®°*^*y'
^fty dollars. And if any persons shall be found ord. May i8,
standino^ in orroups of three or more persons, on any i^^'

...?., \ .. Kev. Ord. 1868.

Sidewalk or crosswalk, or on any street or public way
in this city, after having been once directed to pass
on by the mayor, any alderman, city marshal or
deputy, or any policeman, constable or watchman,
he shall be liable to a fine of not less than ^ve nor
more than twenty dollars for each offence.

61. Xo person shall place or cause to be placed

upon any foot path or sidewalk in the city, any ^""pfa^dup-
lumber, iron, coal, trunk, bale, box, crate, cask, on foot or
package, or ai-ticle or thing whatsoever, so as to obstruct. &c.

496

STREETS^

Penalty.

Penalty for
suflfering to
remain after
notice.

Ibid.

Proviso.

Snow to be re-
moved from
footway or
sidewalk.

Penalty.
Ibid.
And Ord.
Jan. 22, 1857.

obstruct a free passage for foot passengers, for more
than ten minutes, under a penalty of not less than
three nor more than twenty dollars ; and if such
person shall suffer such obstruction to foot passengers
to remain more than one hour after it is first placed
there, or more than ten minutes after notice to remove
the same, given by the city marshal, deputy marshal
or any police oflScer, the person or persons so offend-
ing shall be liable to a penalty of not less than five
nor more than ten dollars for every such offence ; and
for each and every hour thereafter, that the same shall
be suffered to remain, the person or persons so offend-
ing shall be liable to a penalty of not less than five
nor more than ten dollars. Provided, that nothing
contained in this section shall be deemed to extend to
such goods, wares or merchandise as shall in con-
formity with such rules, regulations and orders, as
shall be made by the mayor and aldermen upon the
subject, be placed in any street, alley, square, or
place, for the purpose of being sold at public auction.
62. The^i tenant or occupant, and in case there
should be no tenant, the owner, or any person having
the care of any building or lot of land bordering not
more than one hundred and fifty feet on any street,
lane, court, square, or public place within the city,
where there is any foot way or sidewalk, shall, after
the ceasing to fall of any snow, if in the day time
within three hours, and if in the night time, before
ten o'clock of the forenoon succeedins:, cause such
snow to be removed from such foot way or sidewalk,
and, in default thereof, shall forfeit and pay a sum
not less than two dollars, nor more than ten dollars ;
and for each and every hour thereafter that the same

21 The owner of a building is liable for injuries resulting from obstructions
caused by himself in the adjoining sidewalk, but not for iujuries from de-
fects in the sidewalk. Kirby v. Boylston, Market Asso'. 14 Gray, 249. Simi-
lar ordinance pronounced constitutional and construed; Goddard, petitioner ,
16 Pick. 504; 97 Mass. 562; 101 Mass. 251.

STREETS. 497

shall remain on such footway or sidewalk, such tenant,
occupant, owner or other person, shall forfeit and pay
a sum not less than one dollar, nor more than ten
dollars. And if such building or lot should extend
more than one hundred and fifty feet, on any street
or land, it shall be the duty of such tenant or occu-
pant, owner or other person, to remove such snow
from the footway or sidewalk for the space of one
hundred and fifty feet, according to the provisions
and subject to the penalties aforesaid.

63. The provisions of the preceding section shall l^ombSS^
also apply to the falling of snoAv from any building. J°^^'

64. Whenever the sidewalk, or any part thereof j^^ ^^ ^^ ^.^
adjoining any building or lot of land on any street, moved from

1111 1 I'l* -ini IT /• sidewalks, or

shall be encumbered with ice, it shall be the duty of to be covered
the occupant, and in case there is no occupant, the ^^*^ ^"^' *^'
owner, or any person having the care of such building
or lot, to cause such sidewalk to be made safe and
convenient, by removing the ice therefrom, or by
covering the same with sand or some other suitable
substance ; and in case such owner or occupant, or
other person, shall neglect so to do, for the space of
six hours during the day time, he shall forfeit and pay
not less than two nor more than five dollars, and a
like sum for every day that the same shall continue
so encumbered.

65. Every person who shall lay, thi-ow, or place, ice thrown mto
or cause to be laid, thrown or phiced, any ice or snow streets to be
into any street within the city, shall cause the same and to be

to be broken into small pieces, and spread evenlv on ^^okeninto

A ' 1 ./ small pieces.

the surface of such street, and in default thereof shall j^^^j
be liable to a penalty of not less than two dollars,
nor more than five dollars for every ofience.

Q(^. Whenever the word street or streets is men- word streets to
tioned in this or any other ordinance, it shall be lane^l^"^^''
understood as including alleys, lanes, courts, public unless, &c.
squares, and public places, and it shall also be ^d.

Penalty.

Ibid.

498 STREETS.

understood as including the sidewalks, unless the
contrary is expressed, or such construction would be
inconsistent with the manifest intent of the city
council.
Provisions of gy^ ^hc forc^oiu^ provisions shall not be taken or

preceding sec- , -,.... jii i«ij.

tions not to coustrucd as limitnig m any manner the legal rights
limit rigiits J duties of the commissioner of streets to make

and duties of

street com- any alterations and repairs in the streets, which he may
missioner. ^^^^ ^^^ Safety and convenience of the inhabitants
to require.

[See city charter, section 23.]

STREETS ON BACK COVE FLATS.

68. The city council upon the petition of the
proprietors of Back Cove flats, will accept and lay
flats. out any necessary and desirable streets of suitable

^'^Q^^'^'^ courses and widths in said Back Cove, from Tukey's
ord. 1868. bridge to Deering's bridge, and from the shore line to
the line of the harbor commissioners, over flats now
or hereafter filled up by said proprietors ; provided,
that said streets shall be filled to such a grade as may
be established from time to time by the city, and are
properly protected by solid filling or grebble walls ;
dindi provided, that in all such cases the city shall not
be called upon to pay a compensation exceeding four
cents per superficial foot of the filling of said streets,
which is to be accepted by said proprietors for cost of
filling and for damages ; and also provided, that the
committee on laying out and widening streets shall
decide that the interests and convenience of the city
require such streets to be so accepted and laid out.

Of streets on
Back Cove

LINES AND GRADES OF STREETS.

Amendment of

first section of ^^* The first scctiou of the Ordinance ou buildings
Ord. on build- is SO amended, that the notice therein provided, shall
Ord.^March 24, ^^ given to the city engineer instead of the mayor
1862. and aldermen ; and the same is further amended, so

1868. that, on request, the city engineer shall give the party

STREETS. 499

SO notifying, the line and grade of the street, without
fee.

70. It shall be the duty of the city marshal, street

1 ., . , . i.* X xi. Encroach-

commissioner and city engineer, to give notice to the ^^^^^^3 ^^
mayor, of all encroachments made or threatened, streets.
upon the streets and other public places in the city, ^^^^'
or upon the property of the city, forthwith upon
obtaining information thereof, and the mayor shall
cause the provisions of this ordinance to be enforced
against all persons violating the same.

71. Hereafter, no new grade shall be fixed for any no new grades
street, and no old ffrade shall be chano^ed, except by fi^edoroid

° o ' JT ^ ones changed,

vote of the city council. All petitions, orders, and except by vote
other propositions for new grades, or changes of ^^^^^'^ ^**^°'
grades, shall be referred to some committee, who shall ibid.
investigate the case, hear all parties interested, first of petitions for
giving all said parties notice of said hearing by adver- grades.
tising in one of the newspapers of this city, and shall ^^^^'
report thereon to the city council. Said report shall
in all cases be accompanied by the written opinion of
the city engineer on the proposed action, and shall be
subject to such action as to the city council seems
proper.

72. In all cases, before paving streets or portions committee to
thereof not paved, the committee on highways, side- submit plana
walks and bridges shall submit their plans and forplviTg/*
estimates for such proposed paving to the city council njid.

for approval. This ordinance does not apply to the
paving of gutters and side drains.

73. The building and lots on all streets, that may

be hereafter laid out, those already laid out but not street! ^^
numbered, and any street already laid out, two-thirds ord.Dec.n,

1868

of the legal voters occupants of the same petitioning
therefor, shall be numbered in the following manner :
On the streets that run lengthwise of the city
territory, beginning at the north easterly termination,
with numbers one and two, and progressing south

500

STREETS.

Number for
every lot.

Ibid.

Plan.
Ibid.

Street monu-
ments.
Ord. June 21,

westerly, with the odd numbers on the north westerly
side of the street, and the even numbers- on the
opposite side ; and on the transverse streets beginning
with numbers one and two on the south westerly or
harbor side, with the odd numbers on the north east-
erly side of the street, and the even numbers on the
opposite side.

74. There shall- be a number for every lot not
exceeding twenty-five feet of land fronting on a street,
and a number for every additional twenty feet or
fraction thereof, excepting that on those streets that
are compactly built up, a number shall be assigned
for each and every door, and to adjoining vacant lots
proportionally ; and corner lots shall be numbered on
both streets.

75. The board of mayor and aldermen may require
the city civil engineer, or they may employ some
competent person to make a plain skeleton plan of
each street, designating the numbers and dimensions
of all the lots, with the names of the owners thereon,
on a scale of not less than one inch for every fifty
feet, which plan shall be kept- in the office of the civil
engineer for reference.

76. The city engineer when required, shall take the
angles contained between different street lines, and
make a record of the same, as the true lines of the
streets, and these angles shall all have reference to a
given base line. He shall cause monuments Avhich
shall not be less than five feet in length, in the centre
of the top of which shall be a copper bolt, one-half
an inch in diameter, and four inches deep ; the centre
of the bolt shall be placed at the intersection of lines
parallel to, and three feet distant from the lines of the
street, at the angle as well as at the point of inter-
section. The tops of the monuments when practicable,
shall be set to the o^rade of the sidewalk.

STREETS. 501

It shall be the duty of the commissioners of streets
to put down such monuments when required to do so
by the, said engineer.

All ordinances and parts of ordinances inconsistent
with this ordinance are hereby repealed ; provided
that all monuments so erected shall be duly recorded,
and no person shall remove or cause to be removed,
any such monuments, without the consent in writing
of the mayor and aldermen first obtained, under a
penalty of twenty-five dollars for each offence.

77. Whenever any permit is granted to occupy ^^^ ^
any portion of any street, it shall be the duty of the kept clear of
holder of the permit t6 keep the oTitter clear of ob- ^ structions

*^ . ' ^y persons

structions, unless for sufficient cause the mayor or who have
street commissioner shall allow him to enclose it, ^^^^^^

' occupy.

giving him therefor a written permit, in which case Ord.juiyw,
he shall build and maintain a temporary plank walk, ^^'
not less than three feet in width, around the portion
of the street occupied, the same to be to the satisfac-
tion of the street commissioner, and not to extend
outside of the portion of the street allotted in his
permit. Any person violating the provisions of this
ordinance shall suffer the penalties prescribed in sec-
tion sixteen (16) of the "ordinance on streets," and
his permit shall be void.

78. That hereafter in all cases where any private

person or persons are about to open any portion of opening streets
any street where the water pipes of the Portland ^^ere water

or gas pipes

Water Company are laid, when such opening shall are laid,
intersect, lay open, or in any manner interfere w^th ^,^q^^^'*^*'
the water pipes of the Portland Water Company,
such person or persons, before proceeding to make
such opening, shall give reasonable notice of the time
and place of such opening to be made to the Portland
Water Company, or its secretary, by leaving the same
at the office of said company. That hereafter when

502 STREETS.

any private person or persons are about to open any
portion of any street where the mains of the Portland
Gas Light Company are laid, when such opening shall
intersect, lay open, or in any manner interfere with
the mains of the Portland Gas Light Company, such
person or persons, before proceeding to make such
opening, shall give reasonable notice of the time and
place of such opening to be made to the Portland Gas
Light Company, or its treasurer, by leaving the same
at the office of said company. Any person violating
this ordinance shall be subject to a fine not exceeding
twenty-five dollars.

79. Any person who shall make any excavation, or
Excavations hereafter increase any excavation near any street or

near streets. , ,. • j^i • -j^ j i

Sept. 14,1869. pubhc way in this city, so as to endanger any portion
thereof, without first making written application to
the mayor and aldermen, setting forth its nature and
extent, and obtaining their consent, and requesting
and obeying their instructions in the premises, shall
be subject to a penalty not less than twenty nor exceed-
ing one hundred dollars.

80. It shall be the duty of the commissioner of
Furth d f streets before purchasing new property of m\y kind

of street com- for the city, or before procuring any repair or changes
o™d^ aiTrch 10, <^osting more than twenty -five dollars on property be-

1877. longing to the city, to first obtain the approval in

writing of the joint standing committee on streets,
sidewalks and bridges ; and all such purchases or
repairs exceeding the sum of three hundred dollars
shall first be authorized by vote of the city council,
and any expenditure upon any street at any one time
exceeding the cost of one hundred dollars in labor or
materials shall first be authorized by said committee,
and any such expenditure which will exceed the cost
of three hundred dollars shall first be authorized by
vote of the city council, and it shall be the duty of
the commissioner of streets, when thereto requested,

STREETS. 503

to report to the said committee the number of men
employed by him, the nature of each man's employ-
ment, and the amount of his wages ; and the said
committee is authorized to require the discharge fi*om
service of any individuals employed by the commis-
sioner of streets, or reduce the rate of wages, if in
the opinion of said committee the good of the city
demands such discharge or reduction in pay.

81. Xo person shall remove any «:ravel soil or

'■ . . -^ ® ' To protect the

material from any portion of the western promenade, public
'the cemeteries, or any other public grounds within ^g"^^^**^
the city, without the consent of the mayor expressly Ord. Aug. so,
given therefor. Any person violating this ordinance,
shall be subject to a penalty of fifty dollars.

82. Xo person, without authority of the municipal Lighting or ex-
officers, or from the Gas Light Company, shall light g^gt jamps.
or extinguish any street lamp, under a penalty not Penalty.
less than five dollars, nor more than ten dollars for 30.'

each offence.

83. All trees, lamp-posts, posts and hydrants, now Lampposts,
placed and being within the limits of the streets of g^/^ng^'"'^
the city, are hereby declared to be and shall be taken 0rd.Mayi,i87i
to be legally established and located.

84. Lamp-posts, and posts for protecting them, Lampposts,
may be located within the limits of any street of the lo^clted.
city, by the joint committee of the city council on ^^^^•
lamps and lamp-posts under existing ordinances, or

by direction of the city council.

85. Any tree, lamp-post, post or hydrants, or any L^mppost^
post for the protection of the same, shall be taken to how taken to
be legally established within the limits of any street ^,1^.^

of the city, when it has been located therein by order
or with approval of the mayor, or joint standing com-
mittee on streets, sidewalks, and bridges, or street
commissioner.

504

STREETS.

Lampposts SQ. "^Yhen an order is given, under the p^'ovisions

ibut'^'^^'^' of *^bis ordinance, it shall be recorded by the city

clerk in a book provided for that purpose and kept

in his office.

Company to
give notice to
the commis-
sioner of
streets of com-
mencement of
work.

Of completion.
Street com-
missioner to
examine

Ibid.

Ord. July 11,
1876.

Streets not to
be dug up,
Ac. without
consent of
mayor and al-
dermen.

Penalties.

REGULATIONS RESPECTIXG THE LAYING OF GAS PIPES
IN STREETS.

Kegulations and restrictions in relation to the laying
down and taking up of pipes and fixtures in and
through the streets of the city by the Portland Gas
Light Company, prescribed and established pursuant' ^
to the provisions of section third of the charter of
said company, January 25, 1855.

1. Said company before digging up the ground in
any street, for the purpose of laying down, taking up,
or repairing any gas pipes or fixtures, shall give notice
in writing to the commissioner of streets of said city,
of their intention so to do, specifying the street or
streets, and the points of commencement and termi-
nation of their proposed works ; and when said work
is completed they shall give notice thereof in writing
to said commissioner, who shall proceed immediately
to examine into the manner said work has been done,
and if the same has been done to his satisfaction, he
shall certify the same to said company. But in
searching for leaks or obstructions, or in repairing
pipes that are leaking or in removing obstructions,
the company is required to give the last named
notice only.

2. No street or sideu^alk, or any part thereof, shall
be dug up or broken into, for the purpose of laying
service pipe, or setting lamp posts, between the first
day of Decem])er and the fifteenth day of April of
each year, without the permission of the mayor and
aldermen, in writing, under a penalty of twenty dol-
lars and a further penalty of tAventy dollars for each

STREETS. 505.

and every clay or paii; of a day, that the work is in streets not to
progress. Nor shall the streets, nor any part thereof, &c., before
be dusr up or broken into for the layinoj of main pipes, p^p®,^ ^^'^,

» ^ .7 & I 1 » ready to be

between the tirst day of November and the first day laid down-
of ]May in each year, under a penalty of twenty dollars ^^'' ^^^^' ^^
for each offence, and a further penalty of twenty dol-
lars for every day or part of a day that the work shall be
in progress, or the street remain broken as aforesaid.
Nor shall any street or any part thereof be dug up or
broken into before the gas pipes are prepared and
placed in the vicinity ready to be laid down.

3. Said company shall be liable for all damages
occasioned by the diijofino: up and openino: any street, Liability of

./ oo o I ^ f G J •> company for

or obstructions therein by said company, as follows, damages.
viz : For all or any such works, done before the first ^^^^'
day of November, they shall be liable for all damages
occasioned thereby, for the space of sixty days from
and after the approval certified as aforesaid by said
commissioner, and for all or any such works done ^

after said first day of November, they shall be so
liable until the fifteenth day of June next following,
of each year.

4. All trenches left open after dark, shall, by said Trenches made

^ » ' J to be fenced

company, be safely railed or fenced in, and be sufli- and lighted.
ciently lighted to protect the public from damage or ^^^*»
accident therefrom.

5. Whenever any street, or any part thereof, is

Work to be

taken up for the purposes aforesaid, said company done with con
shall perform the work proposed to be done with all lenient dis-

. ,. , , , . , patch.

convenient dispatch, and as soon as the same is done n>id.

they shall repair such street and put the same in as

good condition as it was in before such taking up, and

shall cause all surplus earth, stones,, materials, and repaired.

rubbish to be immediately removed from the street ;

and whenever such street, or any part thereof, or any ^^2"^^^^^' J^^"

pavement thereon, shall thereafter and within the be removed.

time specified in section two, settle or become out of

506 STKEETS.

Company to re- repair by reason of the works aforesaid, the said
pair streets to company shall thoroughly and completely repair the

s3,tlsi&ction Ox

commissioner, samc, to the Satisfaction of said commissioner of
In case of re- streets. In case Said company refuse or neglect to
repaired at repair the same, after one day's notice therefor by
expense of g^j^ commissioner, he shall proceed to repair the

company. "^ ^ *■

same at the expense of said company.

6. Whenever any of said pipes, in lavino^ them

Restrictions re- '^ l r 7 ^ n

specting pipes down, shall comc in contact or interfere with any drain

wito drltafor ^^ scwcr. Said pipes shall be laid under or over such

sewers. drain or sewer, unless in the opinion of the committee

on drains and sewers, it shall be necessary to change

Course of ^^® direction of such drain or sewer, in which case

drain,&c. may the Same shall be done by said company under the

^ ' direction and to the satisfaction of said committee.

Superintendent of Burials,

[See chapters on CexMeteries and Health.]

Surveyor ' of Stone.

Ordinance.

1. One or more surveyors of stone to be appointed. To be

sworn.

2. Duties.

3. Fees.

1. There shall annually be elected by the city one or more
council, one or more suitable persons as surveyors of surveyors of

*■ '' stone to be

granite, marble and free stone, who shall be sworn to appointed. .
the faithful performance of the duties of said office, ^obeswom.
and who shall continue in office, until removed or 1859, §i,and
until a successor is elected and qualified. ^^- ordises

2. It shall be the duty of said surveyors to meas- ^^^^^^
ure and inspect all granite, marble, free stone and
other stone, for building or any other purposes, which
they shall be requested to measure or inspect.

3. Said surveyors shall be entitled to demand and
receive in full for their sei-v ices the following rates, ^®^^'
viz : Ten cents for each ton of marble, granite Or ^^^^' ^ ^'
free stone, thus measured or inspected by them.

Taxes.

Statutes.

1. Poll tax, on whom assessed.

2. Real and personal property taxable.

3. Real estate, what is included.

4. Real estate of railroads.

5. Personal property taxable described.

6. Polls and estates not taxed.

7. Mines exempted.

8. Aqueducts, pipes, &c., exempted.

9. Poll tax where assessed.

10. Real estate, where taxed.

11. Standing wood and timber, to whom assessed.

12. Landlord and tenant to pay equally.

13. Personal estate taxable where owner resides.
14c. Exceptions.

15. Betterments on exempted lands.

16. Toll bridges, stock, where taxed.

17. Stock of gas or water companies.

18. Duties of assessors, &c., in this behalf.

19. Clerks failing to make returns.

20. Blood animals, how taxed.

21. Personal property of non residents.

22. Lien in favor cff person paying the tax.

23. Remedy for person paying more than his proportion of

tax.

24. Stock of companies invested, how taxed.

25. Mortgaged personal property, how taxed.

26. Real estate of one deceased, how taxed.

27. Partners' personal property.

28. Land may be assessed to owners or tenants.

29. Assessments to be continued on same person till notice

given.

30. Property of certain manufacturing and mining corpora-

tions, where taxed.

31. Real estate of banks, and stock, where taxed.

32. Bank stock out of State.

33. Cashiers required to exhibit books.

34. Shares where residence of owner is unknown.

35. Collector to give notice.

TAXES. ^ 509

36. Actions maintained by treasurer.

37. Supplementary assessments.

38. Treasurer of State to issue warrants for state tax. •

39. What treasurer's warrant sliall require.

40. Assessors to be governed by rules established.

41. Assessors responsible for faithfulness.

42. Collectors how chosen.

43. Collector's fees and travel.
44:. Collector to receive a warrant.

45. Collector to give approved bond.

46. Collector or constable to give receipts on demand.

47. Collector to distrain if tax not paid, and to restore ovet-

plus.

48. Collector may imprison after twelve days notice.

49. x\jid before if about to abscond.

50. Where payable in instalments when whole may be de-

manded.

51. Former collector to complete collections.

52. Collector may distrain shares in a corporation.
63. Duty of officers of the corporation.

54. Collectors may collect in any part of State.

55. -Collectors in some cases may sue for taxes.

56. Assessments not void if they include sums for an illegal

object.

57. Collections how made of non residents of improved lands.

58. Taxes on chattels of non residents.

59. Collector may demand aid.

60. Collector to exhibit account of collections once in two

months.
€1. Collector removing may be required to give up tax bills.

62. Collector refusing, penalty.

63. Collector, provision when he dies.

64. Sums overpaid to be restored.

65. State treasurer may issue warrant against delinquent

treasurer.

66. Towns to pay when its collector fails to pay.

67. Assessors in such case to make new assessment.

68. Taxes may be collected by action of debt.

69. Additional way to collect state tax.

70. Time fixed for paying tax. Interest.

71. Election of assessors. Their duties. Interest on unpaid

taxes.

72. Treasurer shall be collector of taxes.

Ordinances.

1. Advertisement of sale of real estate.

2. Treasurer to publish list of unpaid taxes over $20 yearly

3. Assessors to deliver to treasurer tax bills.

510

TAXES.

Poll tax, on
whom
assessed.

R. S., 1871, c.
6, §1.

Real estate and
personal tax-
able.

Ibid. § 2.

Real estate
what is in-
cluded.

Ibid. § 3.

Real estate of
railroad cor-
porations as
non-resident
land.

Track exemp-
ted.

Ibid. § 4.

See 1881, c. 91.

4. Duty of treasurer and collector.

5. Interest on unpaid taxes.

6. Discount on taxes.

7. Repeal of inconsistent ordinances.

1 . A poll taxi shall be assessed upon every male inhab-
itant of this state above the age of twenty-one years,
whether a citizen of the United States, or an alien, in the
manner provided by law, unless he is exempted therefrom
by the provisions of chapter six of the Revised Statutes.

2. All real property^ within this state, all personal
property of the inhabitants of this state, and all personal
property hereinafter specified of persons not inhabitants
of this state, shall be subject to taxation as hereinafter
provided.

3. Real estate, ^ for the purposes of taxation, excepting,
as provided in section six shall include all lands in this
state and all buildings and other things erected on or
affixed to the same, and all townships and tracts of land,-
the fee of which has passed from the state since the year
one thousand eight hundred and fifty, and all interest in
timber upon any of the public lands derived by permits
granted by the state of Massachusetts, interest and
improvements in land, the fee of which is in the state ;
and interest by contract or otherwise in land exempted
from taxation.

4. The real estate of railroad corporations'* shall be
taxable in the towns where it is, and be regarded as non-
resident land ; but the track of the road and the land on
which it is constructed, shall not for this purpose, be
deemed real estate.

iPoll tax; Littlefleld v. Brooks/ 50 Maine, 475; Hartland v. Church, 47
Maine, 169 ; Porterfleld v. Augusta, 67 Maine, 556.

2 U. S. statute 1864, c. 106, § 41, makes unlawful a tax on shares of a national
bank located in another state. Abbott v. Bangor, 54 Maine, 540; Flint v.
Aldermen of Boston, 99 Mass., 141; Packard v. Lewiston, 55 Maine, 456;
Opinion of Justices, 53 Maine, 594.

3 Real estate, see § 14, part second; B. &. P. R. R, Co. v. Harris, 21 Maine^
533; Cum. Marine R. v. Portland, 87 Maine, 444. Boom taxable as real estate
Hall V. Benton, 69 Maine, 346.

* P. S. & P. R. R. Co. V. Saca, 60 Maine, 196.

TAXES. 511

0. Personal estate^ for the purposes of taxation, shall Personal estate
include all goods, chattels, moneys, and effects, whereso- ^^bed ^
ever they are ; all ships and vessels at home or abroad ; ibid. § 5.
all obligations for money or other property, money at inter-
est, and debts due the persons to be taxed more than
they are owing ; all public stocks and securities ; all
shares in moneyed, railroad and other corporations
within or without the state ; all annuities payable to the
person to be taxed, when the capital of such annuity is
not taxed in this State ; and all other property, included
in the last preceding state valuation for the purposes of ^^ous^
taxation ; All the property of any religious society in this societies.
State, both real and personal, except its meeting-house 1877, c. 217.
and vestry and the furniture therein, and all parsonages
not exceeding six thousand dollars in value and from
which no rent is received.^

6. The following property and polls shall be exempted not taxed,
from taxation : ibid. § e:

First. The property of the United States and of this
State.

Second. All property which by the articles of separa-
tion is exempted from taxation, the real and personal
property of all literary institutions, and the real and per-
sonal property of all benevolent, ~ charitable and scientific
institutions incorporated by this state.

Third. The household furniture of each person not
exceeding two hundred dollars to any one family, his
wearing apparel, farming utensils, mechanics' tools nec-
essary for carrying on his business, and musical instru-
ments not exceeding in value fifteen dollars to any one

family. Houses of

Fourth. All houses of religious worship and the pews ^^}^^l^^
and furniture within the same, except for parochial pur- exempt,
poses ; and all tombs and rights of burial, and property i^id- § 6.
held by a religious society as a parsonage. i^Vc' srf^"

6 stetson V. Bangor, 56 Maine, 274; Abbott v. Bangor, supra; 105 Mass.,
519; J06 Mass. .540, 5S; 118 Mass., 169.

« For tax on savings banks see act 1875, c. 47, and .Jones v. Savings Bank,
66 Maine, 242. For tax on dogs see title " Dogs," § 5. For tax on railroads
see title " Railroads," and act 1881, c. 90. For State tax on express com-
panies, see 1880, c. 244.

1 Maine Bap. Convention v. Portland, 65 Mdlne, 92.

512

TAXES.

1874, c. 178.

Manufacturing
establish-
ments.

Ibid. § 6.

Mines exempt.
1878, c. 29. ■

Fifth. All mules, horses, neat cattle, swine and sheep,
less than six months old, and all hay, grain and potatoes,
orchard products, and wool owned by and in possession
of producer.

Sixth. The polls and estates of all Indians ; and the
polls of persons under guardianship.

Seventh. The polls and estates of all persons who, by
reason of age, infirmity, and poverty, are, in the judg-
ment of the assessors, unable to contribute toward the
public charges.

Eighth. The polls and estates of inhabitants of islands,
on which there are no highways, may be exempted from
the highway tax at the discretion of the town to which
they belong.

Ni)ith. All manufacturing^ establishments, and all
establishments for refining, purifying or in any way
enhancing the value of any article or articles already
manufactured, hereafter erected by individuals, or by in-
corporated companies, and all the machinery and capital
used for operating the same, together with all such ma-
chinery hereafter put into buildings already erected, when
the amount of capital invested exceeds the sum of two
thousand dollars, are exempted from taxation for a term
not exceeding ten years from the time the city or town in
which such manufacturing establishments or refineries
may be located, shall in a legal manner assent to such
exemption which assent shall have the force of a contract
and be binding for the time specified ; but all property so
exempted shall be entered from year to year upon
the assessment books and returned with the valuation
of the several towns and cities when required by the
State for the purposes of making the State valuation.

7. All mines of gold, silver, or of the baser metals,
which are now or may be opened and in process of devel-
opement, shall be exempt from taxation for a term of ten
years from the time of such opening. This act shall not
affect the taxation of the lands or the surface improve-

8 It is for Legislature to determine what is exempted from taxation,
Brewer Brick Co. v. Brewer, 62 Maine, 62; Farnsworth v. Lisbon, 62 Maine.
451; Portland v. Water Co., 67 Maine, 135. As to rule where part of prop-
erty is exempt and part, taxable, see Cambridge v. County Commissioners,
114 Mass., 337.

TAXES. 513

ments of the same, at the same rate of valuation as
similar lands and buildings in the vicinity.

8. The aqueducts, pipes and conduits of any corpora-
tion, engaged in supplying any city or town with water. Aqueducts,
shall be exempt from taxation, when any city or town, p^p^^ *c.
shall take from the aqueducts, pipes or conduits of such i878, c.33.
corporation, water for the extinguishment of fires, with- *
out charge being made for the same. Nothing in this act

shall be so construed as to include in this exemption the
capital stock of such corporation, any reservoir or grounds
occupied for the same, or any property, real or personal,
owned by such company or corporation, other than as
enumerated above.

9. The poll tax^ shall be assessed on each taxable per-

Poll fjiTc wliGrp

son in the place where he is an inhabitant on the first day assessed.
of April in each year. No person shall be considered an R. s.,i87i,c.6,
inhabitant of a place on account of residing there as a ^^'
student in a literary seminary.

10. All taxes^o on real estate shall be assessed in the Real estate,
town where the estate lies, to the person who is the where taxed.
oyt'ner or in possession thereof on the first day of April

in each year. In cases oi mortgaged real estate, the
mortgager, for the purposes of taxation, shall be deemed
the owner, until the mortgagee takes possession, after
which the mortgagee shaft be deemed the owner.

11. Whenever the owner of real estate notifies the g^andinff wood
assessors that any part of the wood, bark and timber and timber, to
standing thereon has been sold by contract, in writing, ^^^^™

^ J ' &' assessed.

and exhibits to them proper evidence thereof, they shall j^ijj § jq.
assess such wood, bark and timber to the purchaser issi, c. 45.
thereof. A lien is created on such wood and timber, for ^^^^ created
the payment of such taxes ; and may be enforced by the thereon,
collector by a sale thereof when cut, as provided in section ^'^'' ^^'^' ^' ^'
one hundred and four.

12. When a tenant paying rent for real estate is taxed
therefor, he may retain out of his rent half of the taxes Landlord and
paid by him ; and when a landlord is assessed for such *®"^"* ^ P^y

^ '' equally.

real estate, he may recover half of the taxes paid by him j^j^^ g ^g.

oHartland v. Church, supra; Parsons v. Bangor, 61 Maine, 457; 9 Gray
357.

lOHobbs V. Clements, 32 Maine, 67; Orland v. Ellsworth, 5G Maine, 47;
Cum. M. Railway v. Portland, 37 Maine, 444.

514 TAXES.

and his rent iu the same action against the tenant, unless
there is an agreement to the contrary.

13. All personal property within or without this State,
Personal estate except in the cases enumerated in the following section,
owne^^reTictes! ^^^^^ ^^ assessed to the owner in the town where he is an
Ibid § 13. inhabitant on the first day of April in each year.

* 14. The exempted cases referred to in the preceding

Exceptions. section are the following :

First. All goods, wares and merchandise, alU^ logs,

merchaliciire timber, boards and other lumber, and all stock in trade,

andiumber. including stock employed in the business of any of the

Ibid, and 1881, mechanic arts, in au}^ town within this State, other than

c '^8

For other pro- where the owners reside, shall be taxed in such town if the
vision about owuers, their tenants, or any person contracting under
property by ^^^^ for the building of any house, shop, store or vessel
persons out of for sucli purposes, occupy any store, shop, mill, wharf,
iSf'/So laiiding or ship-yard therein, for the purposes of such
1872, c. 23, tenancy or contract.

1876, c. 126. Second. All machineryi^ employed in any branch of

Machineiy and manufacture, and all goods manufactured or unmanufac-

cof orltion^s* tured, and all real estate belonging to any corporation,

R. s., 1871, c. 6, shall be assessed to such corporation in the town or other

§ ^*- place where they are situated or employed ; and in

assessing the stockholders for their shares in any such

corporation, their proportional part of the value of such

machinery, goods and real estate shall be deducted from

the value of such shares.

Third. All mules, i^ horses, neat cattle, sheep, and
swine shall be taxed in the town where they are kept on
Horses, cattle, the first day of April, in each year, to the owner or
Ibid. person, who has them in possession at that time, all such

animals, which are in any other town, than that in which
the owner or possessor resides, for the purpose of past-
uring or any other temporary purpose on said first day of

"Ellswortli V. Brown, 53 Maine 519; Waite v. Princetown, 66 Maine 225;
Desmond v. Macliiasport, 48 Maine, 478; 101 Mass. 329; 103, Mass. 278; 104,
Mass. 586; Cliarlestown v. Co. Commr's, 109 Mass. 270.

12 Cum. M. R. V. Portland, suj)ra. As to Aqueduct Co. v. White Prince-
town, 100 Mass. 183. As to Gas Co. pipes see 12 Allen, 75; 60 Maine, 199.

13 Hemming\vay v. Machias, 33 Maine 445. As to street railway horsesand
other property, see 8 Allen, 330.

TAXES. 515

April, shall be taxed to such owner or possessor in the
town where he resides, and all such animals, which are
out of the State, or in any unincorporated place in the
State on said first day of April, for any purpose, and
being owned by, or in charge and possession of any
person residing in any town in this State, shall be taxed
to such owner or possessor in the town where he resides.
If a town line so divides a farm that the dwelling house
thereon is in one town, and the barn or out-buildings or
any part of them is in another, such animals kept for the
use of said farm, shall be taxed in the town where the
house is.

FouHli. All personal property^"* belonging to minors pej.gouai
under guardianship shall be assessed to the guardian in property of
the place where he is an inhabitant. The personal M»»norsand

wards.

property of all other persons, under guardianship, shall
be assessed to the guardian in the town where the ward is
an inhabitant.

Fifth. All personal property!^ held in trust by an pej^g^jj^i
executor, administrator, or trustee, the income of which property of
is to be paid to any married woman or other person, ™«"ied

i-iiT_ 1.^111 T^ 1 • t women, held

snail be assessed to the husband of such married woman, intrust.
or to such other person, in the place of which he is an
inhabitant. But if such married woman, husband or
other person resides out of the State, it shall be assessed
to such executor, administrator, or trustee, in the place
where he resides.

Sixth. Personal property placed in the hands of any
corporation as an accumulating fund for the future benefit Funds in trust
of heirs or other persons, shall be assessed to the person ^^^ \iQiTi, &c.
for whose benefit it is accumulating, if ^ithin the State,
otherwise to the person so placing it, or his executors, or
administrators until a trustee is appointed to take charge
of it or its income, and then to such trustee.

Seventh. The personal property of deceased persons^^ Personal
in the hands of their executors or administrators not property of
distributed, shall be assessed to the executors or admin- goS^^ ^^

» 4 Allen, 402.

" 6 AUen, 277 ; 13 Allen, 267.

" »7 Mass. 321; 102 Mass. 348.

516

TAXES.

Property held
by religious
societies.

See § 6, item
4th.

Personal
property in
another state
or country,

1877, c. 182.

Betterments on
exempted
lands.

R. S., c. 6, § 15.

Toll bridges.
Ibid. § 16.
1880, § 233.

Stock of cor-
poration sup-
plying gas or
water.

R. S., 1871,c.6,
§17.

Duties of
assessors, &c.
Ibid. § 18.

istrators in the town where the deceased last dwelt, until
the}^ give notice to the assessors, that said propert}^ has
been distributed and paid over to the persons entitled to
receive it. If the deceased at the time of his death did
not reside in the State, such property shall be assessed
in the town, in which such executors or administrators
live.

Eighth. Personal property held by religious societies
shall be assessed to the treasurer thereof in the town
where such societies usually hold their meetings.

Ninth. Personal property in another state or country
on the first day of April and legally taxed there.

15. Betterments and improvements made upon such
lands of literary institutions as are exempted from taxa-
tion, not including sites and buildings occupied by such
institutions and their officers, shall be deemed personal
property, and taxed to the tenant as owner thereof in the
town where they are.

16. The stock of all toll bridges shall be taxed as per-
sonal property, to the owners thereof, in the towns where
they reside, except stock owned by persons residing out
of the State, which shall be taxed in the town or towns
where the bridge is located, and where such bridge is lo-
cated iu two towns one-half of such stock so owned by
persons residing out of the State shall be assessed and
taxed in each town.

17. The stock in any local corporation, chartered for
the purpose of supplying cities or towns with water or
gas, held by any person out of the State or unknown
shall be subject to taxation, in the city or town where
such corporation is located or transacts its ordinary
business, as provided for the taxation of bank stock, in
section thirty -two of chapter six Revised Statutes.

18. The powers of assessors, collectors and treasurers,
and the liens on the stocks, shall be the same as provided
in sections thirty-two, thirty-three, thirty-five and thirty-
six of chapter six of Revised Statutes, and the duties
therein imposed on cashiers, shall be performed by the
treasurers of such corporations.

TAXES. 517

19. AVheu a clerk of a corporation holding property Clerks failing
liable to be taxed, fails to comply with the requirements J^™s^^^^"
of the twenty-first section of the forty-sixth chapter of i^^^ g jg
Revised Statutes, whether the corporation was chartered

before or since the separation of Maine from Massachu-
setts, such property for the purposes of taxation, shall be
deemed corporate property, liable to be taxed to the how taxable,
corporation, although its stock has been divided into
shares and distributed among any number of stockholders.
Such property, both real and personal, is made taxable
for state, county, city, town, school district, and paroch-
ial taxes, to be assessed and collected in the same manner
and with the same effect as upon similar unexempted
property owned by individuals. If the corporation is one
which has the right to receive tolls, such right or franchise Franchise may
may be taken and sold on warrant of distress for pay- be sold in cer.
meut of such taxes, the sanae as such property is taken t^"^<^^»-
and sold on execution.

20. Blood animals, brought into the State and kept for Blood animals,
the purpose of improvement of the breed, shall not be ibid- §20.
taxed at a higher rate than stock of the same quality and

kind bred in the State.

21. All goods, wares, merchandise, or other personal
property, which, on the first day of April in each year. Personal prop-
are within this State for the purpose of sale, and owned ^Sdente!''"
by persons residing out of the State, shall be taxed to the p^id. § 21.
person or persons having them in possession for the pur-
pose of sale.

22. Such person shall have a lien thereon, which he

may enforce for the repayment of all sums by him law- Lien in favor
fully paid in discharge of the tax. A lien is also created ^^ person pay-

" ingtax.

upon the property for the payment of the tax which may i^id. § 22.
be enforced l^y the constable or collector to whom the tax
is committed, by a sale of the property, as provided in
R. S., 1871, chapter six, sections one hundred and six,
one hundred and eleven and one hundred and twelve.

23. If any person under the provisions of the foregoing Remedy for
section pays more than his proportionate part of the tax, v^y^rig more
or if his own goods or property are applied to the pay- tiJl°o7ter
ment and discharge of the whole tax, he shall be entitled ibid. §23.

518 TAXES.

to recover of the owner of the goods, wares, or merchan-
dise, such portion of the whole tax, as would be such
owner's proper share.

24. When an insurance or other incorporated company
panics invest- is required by law to invest its capital stock or any part
ed how taxed, thereof in the stock of a bank or banks, or other corpor-

ibid, 24. ation in this State, for the security of the public, such

investments shall not be liable to taxation except to the
stockholders of the company so investing as making a
part of the value of their shares in the capital stock of
said company ; and when the capital stock of any insur-
ance company incorporated in this State, is taxed at its
full value, the securities and pledges held by said com-
pany to the amount of said stock, shall be exempt from
taxation ; but if the pledge or security consists of real
estate in a town other than that where the stockholders
reside, it shall be taxed where it lies, and the stock shall
be exempt to the amount for which it is assessed.

25. When personal property^"^ is mortgaged or pledged,
Mortgaged per- [^ shall, for the purposes of taxation, be deemed the

sonal proper- , , . . . i

ty how taxed, property of the party who has it m possession and may

ihid. §25. be distrained for the tax thereon. Money or personal

1878, c. 77. property, loaned or passed into the hands or possession

of another by any person residing in this State, secured

by an absolute deed of real estate, shall be taxed to the

grantee, the same as in case of a mortgage, although the

land is taxed to the grantor or other person in possession.

26. The undivided real estate of any deceased person
Real estate of jjj^y be assessed to his heirs or devisees without designa-

one deceftsed

how taxed. ^^^^ ^^ ^^J ^^ them by name until they give notice to the

R. s. 1871, c. 6, assessors of the division of the estate, and the names of

the several heirs or devisees ; and until such notice is

given, each heir or devisee shall be liable for the whole of

such tax, and have a right to recover of the other heirs or

devisees their portions thereof when paid by him, and in

an action of that purport the undivided shares of such

heirs or devisees in the estate, upon which such tax has

been paid, may be attached on mesne process, or taken

on execution issued on judgment recovered in an action

" 10 Allen, 100; 2 Elliott v. Spiuney, 69 Maine, 31.

TAXES. 519

therefor. Or such real estate may be assessed to the
executor or administrator of the deceased, and such
assessment shall be collected of them the same as taxes
assessed against them in their private capacity, and shall
be a charge against the estate and allowed by the judge
of probate ; but when such executor or administrator no-
tifies the assessors that he has no funds of the estate to
pay such taxes, and gives them the names of the heirs
and the proportions of their interest in the estate to the
best of his knowledge, the estate shall no longer be
assessed to him.

27. Partners^^ in mercantile and otlier business, whether partners' per-
residing in the same or different towns, may be jointly sonai proper-
taxed, under their partnership name, in the town where ^'

their business is carried on, for all the personal property 1379 c."m
enumerated in the first paragraph of section fourteen,
employed in such business ; and if they have places of
business in two or more towns, they shall be taxed in
each town for the portion of property employed therein ;
excepting if any portion of such property is placed,
deposited or situated in a town other than where their
place of business is, under the circumstances specified in
the first paragraph of section fourteen, they shall be
taxed therefor in such other town ; and in these cases
they shall be jointly and severally liable for such tax.

28. All real estate, '^ and such as is usually called real, Lands mav be
but is made personal by statute, may be taxed to the assesserrto
tenant in possession, or to the owner, whether living in ^^!*^^
the State or not, in the town where it is; and when a r. s. c.6. §28.
state, county or town tax is assessed on lands owned or Part owner
claimed to be owned in common or in severalty, any per- ™*y^^^^^^*
son may furnish the collector, or treasurer, to whom the arateiy.
tax is to be paid, an accurate description of his part of

the land, in severalty, or his interest, in common, and
pay his proportion of such tax and thereupon his land or
his interest shall be free of all lien created by such tax.

" Stockwell V. Brewer, 59 Maine, 286; 7 Gray, 128; ia5 Mass. 519.

" Herriman v. Stowers 4.3 Maine, 497; Hartland v. Church, 47 Maine, 169;
Winslow V. Morrill, 47 Maine, 411.

520

TAXES.

Assessments
may continue
to be made on
same person
till notice
given.

Ibid. 29.

Property of
certain cor-
porations for
manufactur-
ing, &c. where
taxed.

Ibid. §30.
1878. c. 47.

Real estate of
banks where
taxed.

R. S. 1871. c. 6.
§31.

Stock of banks
where taxed.
Ibid.

Bank Stock out
of State.
Ibid. § 32.

29. When assessors continue to assess real estate to
the person to whom it was last assessed, such assessment
shall be valid, though the ownership or occupancy has
changed, unless previous notice is given of such change,
and of the name of the person to whom it has been trans-
ferred or surrendered ; and a tenant in common, or joint
tenant, may be considered sole owner for the purpose
of taxation, unless he notifies the assessors what his
interest is.

30. The buildings, lands, and other property of manu-
facturing, mining and smelting corporations, made per-
sonal property by their charters, and not exempt from
taxation, and all stock used in factories, shall be taxed
to the corporations, or to the persons having possession
of their property or stock, in the town or place where the
corporations are established,* or the stock is manufactured ;
and there shall be a lien for one year on such property
and stock for the payment of such tax, and it may be
sold for the payment thereof as in other cases ; and the
shares of the capital stock of such corporations shall not
be taxed to their owners.

31. All real property^^ in this State, owned by any
banks incorporated by the laws of this State, or by any
national banks or banking associations, shall be taxed in
the place where the property is situated, to said bank or
banking association, for state, county and municipal
taxes, according to its value, as other real estate is taxed ;
but the stock of such banks shall be taxed to the owners
thereof where they reside, if known to be residents of
this State ; but the taxation of shares m such banks -shall
not be at a greater rate than is assessed upon other
moneyed capital in the hands of individual citizens of
the State.

32. The stock^i of any bank held by persons out of the
State or unknown, and that has not been certified accord-
ing to the provisions of chapter forty-six, section
twenty-one, of the Revised Statutes, in any city, or town

20 Stetson V. Bangor, supra, and (iases cited.

21 Shares in National Banks are taxable at their market value without de-
duction on account of investments of the Bank in U. S. securities ; 3 Wal-
ace, 573; 23 WaUace, 480; see 14 Allen, 359; 99 Mass. 141.

TAXES. 521

in this State, and is not there assessed ; and the stock of
any bank appearing by the books thereof to be held by
persons residing out of the State, or whose residence is
unknown to the assessors, shall be assessed in the town
where such bank is located, or transacts its ordinary
business ; and such city or town shall have a lien from
and after the date of such assessment on such stock and
all dividends thereon, until such tax and any cost or
expenses arising in the collection thereof are paid. No
assignment, sale, transfer or attachment shall pass any
property in such stock unless the vendee first pays such
tax and costs ; and the cashiers of banks are required to
return to the assessors of the town where such bank is
located or transacts its business, all the stock in such
bank not returned to the assessors or other towns, accord-
ing to the provisions of said section twenty-one, chapter
forty-six ; and such returns shall be made at the time and
in the manner prescribed in said section, and shall be
made the basis of taxation of such property.

33. The cashier or other officer of each bank, is hereby Cashiers re-
required to exhibit on demand, to the assessors of any ^^t ^^^'
town all the books of such bank that contain any record ibid. § 33.

of the stock of such bank or any dividend declared or

paid thereon, and if requested, shall deliver to them a

true and certified copy, of so much of said record as they Deliver certi-

may require. Should any cashier neglect or refuse to dipidend.^

perfoi-m the duties required by this and the preceding

section, the assessors may doom such bank in such sum

as they deem reasonable, and the assessment shall bind

the bank, and the tax thereon shall not be abated, and

such cashier shall be liable for such neglect or refusal,

to the penalty prescribed in section twenty-three, chapter

forty-six, of the Revised Statutes.

34. When returns of stock in the banks and national shares to be-
banking associations are made according to the provisions ^^^^ ^" ^^®
of section twenty -one of chapter forty-six, or the preced- i,ank is loca-
ing section, if it be found by the assessors of any town ted when resi-
receiving such returns that the holders of such stock do er^runk^owli
not reside in such town, they shall within fifteen days or out of the
return the names of such stockholders, with the amount ^^^^'

522

TAXES.

Ibid. § 34. of stock held by them, to the assessors of the town where

1879. c. 139. such stockholders reside, if their residence is known, and
within the State ; and if not, such return shall be made
to the assessors of the town where the bank is located,
and shall be subject to the provisions of section thirty-
two.

35. The collector of any town to whom has been com-

CoUectorof , , « i i i n -ai.'

taxees to give mitted a tax upon the stock of any banks, shall, withm
notice. thirty days after the bills of assessment are delivered to

^35.^^^ ^ ^ ^i^' cause a notice in writing to be delivered to the cash-
No dividend ier or president of such bank, stating the description of
paid till tax is gtock taxed, to whom assessed, if stated in the bills, and
^'^"" the tax thereon. No dividend shall be paid on such

Tax charged in

offset. stock after such notice until the tax and any cost thereon

are paid. The cashier may pay such tax, and payment
shall constitute a lawful charge in offset againt any divi-
dend thereon. Should such tax remain unpaid ninety
days after such notice, the collector may sell such stock
Powers of col- in the manner specified in sections one hundred and ten,

tended ^^ ^^^ ^^^^ hundred and eleven of chapter six of the Revised
Statutes. For the purpose of collecting taxes on bank
stock, collectors may act in any city, town or plantation
in this State.

36. The treasurer of any town, and anj^ successor in

Actions main- . . . ,

tained by omce, may maintain an action on the case against any
treasurers of bank, and recovcr therein the tax assessed if .unpaid, and
- cities. ^^^ lawful charges upon any share thereof, if there has

Ibid. § 36. been paid after such tax was assessed any dividend there-

on ; but judgment shall not be rendered in such action
for a larger sum in damages than the dividend thus paid,
and all such taxes and charges may be recovered in one
suit, if said treasurer so elects.

37. When any assessors, after completing the assess-
ment of a tax, discover that they have by mistake

Supplement- Omitted any polls or estate liable to be assessed, they
ments may be "^^^^ during their term of office, by a supplement to the
made to cor- invoice and valuation, and the list of assessments, assess
rect mistakes. ^^^^^ p^^j^g ^^^ estates their proportion of such tax accord-
ibid. §37. jjjg ^Q ^jjg principles on which the assessment was made,
certifying that they were omitted by mistake. Such sup-
plemental assessments shall be committed to the collector

TAXES. 523

with a certificate under the hands of the assessors, stating
that they were omitted by mistake, and that the powers
in their previous warrant, naming the date of it, are
extended thereto ; and the collector shall have the same
power, and be under the same obligations to collect them,
as if they had been contained «in the original list ; and all
assessments shall be valid, notwithstanding that by such
supplement the whole amount exceeds the sum to be
assessed by more than five per cent., or alters the propor-
tion of tax allowecl by law to be assessed on the polls.

38. When a state tax is ordered by the legislature, the Treasurer of
the Treasurer of State shall forthwith send his warrants state to issue
directed to municipal oflScers of each town or other place gj^^^ ^^^

in this State, requiring them to assess upon the polls and n^id. § 38.
estates of each, its proportion of such state tax for the

1880. c. 239.

current year ; and shall in like manner send like warrants
for the state tax for the succeeding year, forthwith upon
the expiration of one year from the time such tax is so
ordered. The tax for each year shall be separately
ordered and apportioned ; and the amount of such pro-
portion shall be stated in the warrants.

39. The treasurer, in his warrant, shall require said whattreasur-
oflScers to make a fair list of their assessments, setting ®^'^ warrant

J, . requires.

forth m distinct columns against each person's name, how r. s. c. 6, § 39.
much he is assessed for polls, how much for real estate,
and how much for personal estate, distinguishing any
sum assessed to such person as guardian, or for any
estate in his possession as executor, administrator, or
tnistee ; to insert in such list the number of acres of land
assessed to each non-resident proprietor, and the value at
which they have estimated them ; to commit such list,
when completed and signed by a majority of them, to the
collector or collectors, constable or constables of such
town or other place, with their warrant or warrants in
due form of law, requiring them to collect and pay the
same to the treasurer of state, at such times as the legis-
lature within the act authorizing such tax, directed them to
be paid ; and to return a certificate of the names of such
officers, and the amount so committed to each, one month
at least before the time at which they are required to pay
in such tax.

524

TAXES.

Assessors to be
governed by
the rules es-
tablished.

Ibid. § 40.

1876. c. 91.

Poll tax how
assessed, &c.

Assessors re-
sponsible for
personal
faithfulness
only.

K. S. 1871. c. 6,
§41.

Collectors how
chosen.
Ibid. § 97.
1874, c. 223.

Fees and trav-
el of collect-
ors.

R. S. 1871. c. 6,
§98.

40. In the assessment of all state, county, town,
plantation, parish or society taxes, the assessors thereof
shall govern themselves by the rules contained in this
chapter, until otherwise provided by the* legislature,
except in parishes and societies where different provision
for assessing their taxes is^ade ; and shall assess on the
taxable polls therein such part of the whole sum to be
raised as they rrfay deem expedient ; but the whole poll
tax assessed in one year upon an individual for town,
county and state purposes, except highway taxes sepa-
rately assessed, shall not exceed three dollars. The same
rule shall be observed in the assessment of highway
taxes ; and the residue of such taxes shall be assessed on
the estates according to their value.

41. The assessors of towns, plantations, school dis-
tricts, parishes and religious societies, shall not b^ re-
sponsible for the assessment of any tax which they are by
law required to assess ; but the liability shall rest solely
with the corporations for whdse benefit the tax was
assessed, and the assessors shall be responsible only for
their own personal faithfulness and integrity.

42. When towns^^ choose collectors, they may agree
what sum shall be allowed for the performance of their
duties ; but if none are chosen, or if those chosen refuse
to serve or give the requisite bonds, the assessors may
appoint a suitable person to act as constable and collector
for the collection of taxes, and in case the person so
appointed refuses to serve or give the requisite bond,
then they may appoint one of their board to act as con-
stable and collector for the collection of taxes.

43. In case of distress or commitment for the non-pay-
ment of taxes, the officer shall have the same fees which
sheriffs have for levying executions, saving that the
travel, in case of distress, shall be computed only
from the dwelling house of the officer to the place where
it is made.

22 Payson v. Hall, 30 Maine, 319; Smith v. Titcomb, &c. 31 Maine, 272 ; Crow-
ell V. Whittier, 39 Maine, 530.

TAXES. 525

44. Every collector or constable, required to collect Collector to
taxes, shall receive a warrant from the selectmen or ^^^^^^^^^^^
assessors of the kind hereinbefore mentioned, and shall ibid. § 99.
faithfully obey its directions.

45. The assessors shall require such constable or col- To give ap-
lector to give bonds for the faithful discharge of his duty, j^J'^Jg ^oq^'''^-
to the inhabitants of the town, in such sum, and with

such sureties as the municipal officers approve, and bonds
of collectors of plantations shall be given to the inhabi-
tants thereof, approved by the assessors, with like con-
ditions.

46. AYhen tax is paid to a collector or constable, he Constables or

collectors to

shall give a receipt therefor on demand and if he neglects give receipt

on demand.

or refuses so to do, he shall forfeit five dollars to the ibid. § 101.
aggrieved party, to be recovered in an action of debt. A sue in his own
collector or his administrator may sue in his own name. isso. c.'206.

47. If any person^^ refuses to pay the whole or any part 71.

of the tax assessed against him in accordance with the coUectors to
provisions of this chapter, the constable, collector, or other distrain if ta?^
person whose duty it is to collect the same, may distrain ,?°c^^^«^' .
him by any of his goods and chattels, not by the law
exempt, for the whole or any part of his tax, and keep
such distress for the space of four days at the expanse
of his owner, and if he does not pay his tax within that
time the distress shall be openly sold at vendue by the
officer for its payment. Notice of such sale shall be
posted up in some public place in the town, at least forty-
eight hours before the expiration of said four days. The
officer, after deducting the tax and expense of sale, shall

restore the balance to the former owner, with a written ^ , * v,

' Overplus to be

account of the sale and charges. ^^ restored.

48. If a person so assessed, for the space of twelve ^^id. §105.

days after demand, refuses or neglects to pay his tax and ,^

^ '■ -^ After twelve

to show the constable or collector sufficient goods and days notice

chattels to pay it, he may arrest and commit him to iail, collector may

^•11 1 •^•-.•111, imprison.

till he pays it, or is discharged by law. ibid. § loe.

22 Scarborough v. Parker, o3 Maine, 252; Bethel v. Mason, 55 Maine, 501.

23 Seekins v. Goodale, 61 Me. 400; Brackett v. Vining,49Me. 356; Blanch-
ard V. Dow, 32 Me. 557.

526

TAXES.

And before if
about to ab-
scond.

Ibid. § 107.

When payable
in install-
ments, whiole
may be de-
manded of one
about to re-
move.

Ibid. § 108.

Former col-
lector to com-
plete collec-
tions.

Ibid. § 109.

May distrain
shares in a
corporation.

Ibid. § 110.

Duties of
ofllcers of the
corporation.

Ibid. § 111.

Collector may
collect in any
part of state.

Ibid. § 112.

49. If the assessors think there are just grounds to
fear that any person so assessed may abscond before the
end of said twelve days, the constable or collector may
demand immediate payment, and on refusal, he may com-
mit him as aforesaid.

50. When ta:^ is made payable by installments and any
person, who was an inhabitant of the town at the time of
making such ta:^ and assessed therein, is about to remove
therefrom before the time fixed for any payment the col-
lector or constable may demand and levy the whole tax,
though the time for collecting any installment has not
arrived ; and in default of payment he may distrain for
it, or take the course provided in section one hundred
and six.

51.. When new constables or collectors are chosen and
sworn before the former officers have perfected their col-
lections, the latter shall complete all .their collections as
if others had not been chosen and sworn.

52. For non-pay ment^"* of taxes, the collector or con-
stable may distrain tlie shares owned by the delinquent in
the stock of any corporation ; and the same proceedings
shall be had as when like property is seized and sold on
exefjution.

53. The proper officers of such corporation, on request
of such constable or collector, shall give him- a certificate
of the shares or interest owned by the delinquent therein,
and issue to the purchaser certificates of such shares
according to the by-laws of the corporation.

54. When a person taxed in a town, in which he was
living at the time of assessment, removes therefrom before
paying his tax such constable or collector may demand it
of him in any part of the State, and if he refuses to pay
it he may distrain him by his goods, and for want thereof
may commit him to the jail of the county where he is found,
to remain until his tax is paid. And he shall have the same
power to distrain property and arrest the body in any part
of the state, as in the place where the tax is assessed.

2* Famsworth Co. v. Rand, 65 Maine, 19; Caldwell v. Hawkins, 40 Maine

TAXES. 527

55. When a person duly taxed in any town or parish, in what case

dies before its payment, or removes therefrom to any collector may
' -' *' sue for taxes.

other town or place in the State ; and when an unmarried j^^^j ^ ^^^

woman duly taxed as aforesaid, intermarries before the see ^os, post,

payment thereof, the constable or collector may sue for provi.iing for
.*..,. T ■ ... 2.' c action of debt.

the tax in his own name, and recover it m an action or

debt ; but shall recover no costs, unless he demanded it

before bringing the action.

56. If any money not raised for a leojal object, is assessed ^

''J o J 7 Assessments

with other moneys legally raised, the assessment shall not not void if
be void nor shall any error, mistake, or omission by the I'^ciudes sums

' . . , , ' for an illegal

assessors, collector, or treasurer, render it void ; but any object,
person paying said such tax, may bring his action against ibid. § lu.
the town in the Supreme Judicial Court for the same county,
and shall recover the sum not raised for a legal object,
with twenty-five per cent, interest and costs, and any
damages he has sustained by reason of the mistakes,
errors or omissions of such officers. ^^

57. When the owner of improved lands living in this

state, but not in the town where the estate lies, is taxed, CoUeetions
and neglects for six months after the lists of assessment non^res^idents
are committed to an officer for collection, to pay his tax, of improved,
such officer may distrain him by his goods and chatfels, ^*°^'
and for want thereof, commit him to jail in the county
where he is found or after two months written notice, he
may sue him for such tax in his own name in an action of
debt.26

58. When the owner or possessor of goods, wares, Taxes on chat-
merchandise, horses, mules, neat cattle, sheep or swine, teisof non-
resides in. any other town than the one in which such per- ^^^'^^°^-
sonal property is kept and taxed, the constable or collector

having a tax on such animals for collection may demand
it of such owner or possessor in any part of the State, and
on his refusal to pay it may distrain him by his goods,
and for want, thereof, may commit him to jail in the

« Hathaway v. Addison, 48 Maine, 440; Look v. Industry, 51 Maine, 375.

«« For law with regard to collection of taxes on real estate of resident
owners, see R. S. 1871, c. 6, § 167, et ^eq. and act 1881, c. 1 ; and with regard
to assessment of taxes in incorporated places see R. S. 1871, c. 6. § 60, etseq.
and acts 1880, c. 2.39, 1881, c. 71; and 61 Maine, 552; 57 Maine, 277; 53 Maine,
505; 63 Maine, 311 : 112 Mass. 218; 6 Pick. 98.

528

TAXES.

Collector may
demand aid.

R. S. 1871, c. 6,
§117.

Collectors to
exhibit ac-
count of col-
lections once
in two months.

Ibid. § 118.

Collectors re-
moved, or
about to re-
move may be
required to
give up tax
bills.

Ibid. § 119.

Penalty for
refusing to
deliver tax
bills.

Ibid. § 120.

county where he is found till he pays it or is discharged

by law.

59. Any collector impeded in collecting taxes, in the

executions of his office, may require proper persons to
assist him in any town where it is necessary, and -any
person refusing when so required, shall, on complaint,
pay not exceeding six dollars at discretion of the justice
before* whom the conviction is had, if it appears that such
aid was necessary ; and in default of payment, the justice
may commit him to jail for forty-eight hours.

60. Every collector of taxes shall once in two months
at least exhibit to the municipal officers, and where there
are none, to^ the assessors of his town, a just and true
account of all moneys received on the taxes committed to
him, and produce the treasurer's receipts for money by
him paid ; and if he neglects to do so, he shall forfeit to
the town two and a half per cent, on the sums committed
to him to collect.

61. When a collector having taxes committed to him to
collect, has removed ; or in the judgment of the munici-
pal officers^ assessors or treasurer of a town or com-
mittee or treasurer of a parish, is about to remove
out of the state before the time set in his warrants
to make payment to such treasurers ; or when the time
has elapsed, and the treasurer has issued the warrant of
distress, in either case, said officers or committee of the
parish, may call a meeting of such town or parish,
to appoint a committee to settle with him for the
money he has received on his tax bills, demand and
receive of him such bills and discharge him therefrom,
and said meeting may elect another constable or col-
lector ; and the assessors shall make out a new warrant
and deliver it to him with said bills, to collect the sums
due thereon, and he shall have the same power in their
collection as the original collector.

62. If such collector or constable refuses to deliver the
bills of assessment, and pay all moneys in his hands, col-
lected by him, when duly demanded of him, he shall pay
two hundred dollars to the use of the town or parish as the
case may be, and be liable to pay what remains due on
said bills of assessment.

TAXES. 529

63. When a constable or collector of taxes dies, becomes When collector
insane, has a guardian, or by bodily infirmities, is incapa- ^^\ ^21

ble of doing the duties of his office before completing the
collection, the assessors may appoint some suitable person
a collector to perfect such collection, and grant him a
warrant for the purpose ; and he shall have the same
power as the disqualified collector or constable ; but no
person shall be so appointed without his consent ; and in
these cases, the assessors may demand and receive the
tax bills of any person in possession of them, and deliver
them to the new collector.

64. When it appears that such insane or disqualified g^^^ overpaid
constable or collector had paid to the treasurer a larger sum to be restored.
than he had collected from the persons in his list, the ^^^' ^ ^^'
assessors in their warrant to such new constable or collec-
tor, shall direct him to pay such sum to the guardian of

such insane, or to such disqualified constable or collector.

65. The state treasurer shall issue a warrant of distress,

signed by him, against any constable or collector, to urermayis-
whom a tax has been committed for collection, who is sue warrant
negligent in paying into the public treasury the money quelTt^treas!"
required within the time limited by law ; and direct itHo urer.
the sheriff of the county in which such negligent officer lives ^^^-5 ^^•
or to his deputy, returnable in sixty days from its date,
to cause the sum due to be levied, with interest thereon
from the day fixed for the payment, and fifty cents for
the warrant, by distress and sale of such deficient officer's
real or personal estate, returning any overplus there is,
and for want thereof, to commit him to jail till he pays
it; and the sheriff is bound to obey such warrant; war-
rants not satisfied may be renewed for the amount unpaid
to be of like validity, and executed in like manner.

66. If a deficient constable or collector has no estate

which can be distrained, and his person cannot be found ^henits cof-
within three months after a warrant of distress issues lector fails to
from the state treasurer ; or if being committed to jail, jJJlf'iige
he does not within three months satisfy it, his town shall,
within three months after said three months, pay to the
state treasury, the sums due from him.

67. The assessors having written notice from such
treasurer of the failure of their constable or collector,

530

TAXES.

Assessors in
such case to
make new
assessment.

Ibid. § 127.

Taxes may be
collected by
action of
debt by town.

1874, c. 232.

Additional
way to collect
state tax on
any corpora-
tion.

1876, c. 115.

Time fixed for
payinj? tax ;
interest.

Act 1876, c. 92.

shall forthwith, witliout any further warrant, assess the
sum so due upon the inhabitants of their town as the sum
so committed was assessed, and commit it to another
constable or collector for collection ; and if they neglect
so to do, the treasurer of the State shall issue his warrant
against them for the whole sum due from such constable
or collector, which shall be executed by the sheriff or his
deputy, as other warrants issued by such treasurer. If
after such second assessment the tax is not paid to the
treasurer within three months from the date of the com-
mitment, the treasurer may issue his warrant to the
sheriff of the county requiring him to levy it on real and
personal property of any inhabitants of the town, as here-
inbefore provided.

68. In addition^''' to the methods now provided by law
for the collection of taxes legally assessed in towns
against the inhabitants thereof, or parties liable to taxa-
tion therein, an action of debt may be commenced and
maintained in the name of the inhabitants of an}^ town to
which a tax is due and unpaid, against the party liable
for such tax ; provided, however, that no defendant in
any such action shall be liable for costs of suit, or any
part thereof, unless it shall appear by the declaration in
the writ and proof, that payment of said tax had been
duly demanded prior to the commencement of such suit.

69. In addition to any remedies now provided by law
for the collection of state taxes upon any corporation,
such taxes may be recovered by an action of debt, or an
action on the case in the name of the State, which action
may be brought in any county where such corporation has
its place of business, or where the action is against a rail-
road corporation in any county, where such railroad cor-
poration owns or operates any railroad line or track. The
remedies provided by this act may be used for the collection
of any such tax heretofore assessed.

70. Whenever a city or town has fixed a time within
which taxes assessed therein shall be paid, such city, by
its city council, and such town, at the meeting when

27 This statute of 1871, c. 232 construed. Bulfinch v. Benner, 64 Maine,
404; York v. Goodwin, 67 Maine, 260; Vassalborough v. Smart, 70 Maine, 303.

TAXES. 531

money is appropriated or raised, may vote that on all
taxes remaining unpaid after a certain time, interest shall
be paid at a specified rate, not exceeding one per centum
per mouth ; and the interest accruing under such vote or
votes shall be added to, and be a part of such taxes.

71. The assessors shall continue to be elected on the

second Monday in March. At the first election thereof EiecUon of as-
under this act, three persons shall be elected assessors, sessors. Their
one of whom shall be elected for one year, one for two city charter
years, and one for three years ; and at each subsequent § 8.
election one assessor shall be elected for three years, each
of whom shall continue in oflSce until some other person
shall have been elected and qualified in his place. The
city council shall elect an assistant assessor in each ward,
whose duty it shall be to furnish the assessors with all the
necessary information relative to persons and property
taxable in his ward ; he shall be sworn or affirmed to the
faithful performance of his duty. All taxes shall be
assessed, apportioned and collected in the manner pre-
scribed by the laws of this State relative to town taxes,
e^ept as herein modified ; and the city council may estab-
lish further or additional provisions for the collection interest,
thereof and of interest thereon.

72. The treasurer of the city of Portland shall also be Treasurer
the collector for said city, with* all the powers of collector shau be coi-
of taxes under the laws of this State. All warrants Ss/*
directed to him by the assessors and municipal oflScers ibid. § 20.
shall run to him and his successors in offico^ and shall be

in the form prescribed by law, changing such parts only
as by this act are required to be changed. The method
of keeping, vouching and settling his accounts, shall be
subject to such rules and regulations as the city council
may establish. Said treasurer and collector shall collect
all such uncollected taxes and assessments in whatever
year assessed as may be collected during his term of
office ; and at the expiration of said term, his powers as
collector shall wholly cease ; all sales, distresses, and all
other acts and proceedings, lawfully commenced by him
as such treasurer and collector, may be as effectually con-
tinued and completed by his successor in office as though

532 TAXES.

done by himself ; and all tinreturned warrants, which
would otherwise be returnable to him, shall be returned
to his successor in office.

Ordinances.
1. All notices of advertisements of sales of real
estate for non-payment of taxes, by the treasurer and
Advertisement collector, or Ms dcDuties, in addition to the notices

of sale of real ^ . . ^

estate. now required by law, shall be published in one of

^1880, f 1.^* ^^' *^® daily papers of the city, three times successively,

previous to the day of sale.
Pubucation by 2. It shall be the duty of the city treasurer and

treasurer. collcctor, between the first and fifteenth day of March,

Ibid. § 2. . .

annually, to publish in one of the daily newspapers
in the city, a list of all the taxes assessed upon resi-
dents amounting to twenty dollars and upwards, then
remaining unpaid in the bills committed to him,
together with the names of the persons assessed
therefor.

3. It shall be the duty of the assessors to make
8or? ^ ^^^^^ ^^^ ^^^ deliver to the Treasurer and Collector at the
n)id. § 3. time of the commitment of the warrant for the collec-

tion of taxes in each year, tax bills for all taxes
assessed upon all resident persons and estates, with
the name and residence of the same marked thereon.
Duty of treas- ^' ^^^ Treasurer and Collector shall immediately
urer and col- issuc the tax bills, and if the same are not paid on or

lector.

Ibid. § 4. before the thirty-first day of December next succeed-

ing the date of the commitment of said bills to him,
he shall issue a summons to each delinquent person
assessed, and if such person shall not pay his taxes
within ten days after the receipt of such summons,
or after the service thereof in the usual form, the
said Treasurer and Collector shall issue his warrant
for the collection of said taxes according to law.

Interest. ^* ^^ ^^^ taxes assessed, interest shall be charged

at the rate of six per cent, per annum, commencing

TAXES. . 533

on the first day of November next succeeding the n>ia. § 5.
commitnient of said bills to the Treasurer and
Collector.

6. On all taxes paid on or before the thirty-first

. Discount.

day of October next succeeding the date of the com- ibid. § e.
mitment thereof, a discount of three per cent, on the
same will be allowed.

7. All ordinances and parts of ordinances incon-
sistent with this ordinance are hereby repealed. md. § 7.

Tramps,

Statutes.

1. Begging prohibited.

2. Tramp defined. Penalty.

3. Fees of officers, &c.

4. Tramps to be punished.

5. Tramp entering a building, &c. Penalty.

6. Tramp injuring a person. Penalty.

7. Evidence.

8. Who may arrest tramps.

9. Special constables.

10. Females and minors.

11. Advertisement.

12. Penalties.

1. No person not a resident of this state, shall travel
Begging pro- f^om town to town, or from place to place in any town,

hibited. ' ^ ^ ,

1878, c. 78. begging for food or shelter, nor shall such person sleep or
lodge in any barn or other building without the consent of
the owner thereof.

2. Any person violating the provisions of the foregoing
Tramp defined, section shall be deemed a tramp, and on complaint of any

resident of this State, made before any trial justice or
municipal or police court, may be arrested on a warrant is-
sued therefor, or maybe arrested by any constable or other
officer and detained not exceeding twenty^four hours until
such warrant can be obtained ; and upon trial and con-
viction, such justice or court may sentence him to pay a
ena ty. g^^ ^^ twenty dollars, and in default of payment, he shall

be sent by said justice or court to the nearest county jail
having a workshop attached, to be there confined at hard
labor not less than four months for the first offense, and
for any subsequent offense not less than six months.

3. The fees of officers and justices shall be the same

as for arrest and trial of common vagrants, except that
Fees of offi-
cers. the officer's fees for commitment shall be one dollar and

TRAMPS. 535

a half for each day necessarily employed and actual
expenses of transportation ; all costs to be paid by the
state, upon the order of the county commissioners, out
of the state pauper fund ; provided, the governor and
council shall be satisfied the person confined is a tramp,
having no pauper settlement in this State.

4. If any person goes about from place to place Tramps to be
begging and asking or subsisting upon charity, it shall be Punished,
evidence that he is a tramp, and shall, upon conviction,

be punished by imprisonment at hard labor in the state
prison not more than fifteen months.

5. Any tramp who shall enter any dwelling house, or rj^j.^^^^ ent^r-
kindle any fire in the highway or on the land of another ing a buiid-
without the consent of the owner or occupant thereof, or °^'
shall be found carrying any fire arm or other dangerous
weapon, or shall. threaten to do any injury to any person, or

to the real or personal estate of another, shall be pun-
ished by imprisonment at hard labor in the state prison
not more than two years.

6. Any tramp who shall wilfully and maliciously do

... 4. XI 1 1 Injuring, a

any mjury to any person, or to the real or personal es- person,
tate of another, shall be punished by imprisonment at
hard labor in the state prison not more than five years.

7. Any act of beggary or vagrancy by any person not

a resident of this State, shall be evidence that the person Evidence,
committing the same is a tramp, within the meaning of
this act.

8. Any person, upon view of any offence described in

this act, may apprehend the offender and take him before Apprehension

, . T . . . 1 -, . . 1 1. of offender.

a trial justice, or judge of any municipal or police court
having jurisdiction, for examination.

9. The mayor of every city and the selectmen of every

town, are hereby authorized to appoint special constables, special con-
whose duty it shall be to arrest and prosecute all tramps stables.
in their respective cities and towns.

10. This act shall not apply to any female or minor Females and
under the age of fourteen years, nor to any blind person, minors.

11. Upon the passage and approval of this act, the
secretary of stat^ shall cause printed copies of it to be sent ^<iv®^8«™®^*-

536 TRAMPS.

to the several city and town clerks, who shall cause the same
to be posted in at least six conspicuous places, three of
which shall be on the public highway.
Penalties. 12. All the provisions of this act for * penalties and

punishments by imprisonment in the state prison, shall be
construed to authorize the courts imposing the sentence,
to sentence tramps to the state prison for a shorter term
than one year, in their discretion.

Trees,

statutes.

1. Towns, cities and villages may make by-laws relating to

trees.

2. Trees may be planted in public places.

3. Injury to trees. Penalty.

Ordinances.

1. Ornamental trees in streets, &c., not to be moved, except,

&c. If horses, &c., mutilate or destroy, penalty.

2. Trees not to be injured, except by consent. Animals not

to be fastened to trees. Penalties.

3. Duty of city marshal to prosecute. Fines collected to

constitute a fund for replanting.

4. Trees, May 1, 1871, taken as legally established.

5. How legally located.

6. Records.

Statutes.

1. Towns, cities and village corporations may make Towns, cities, .
such by-laws and ordinances as they deem proper, re- and villages
specting the location and protection of trees, lamp posts, 5^*^g™e*iatin^
posts and hydrants, within the limits of their roads, ways to trees in
and streets ; and no trees, lamp posts,. posts or hydrants street.

,, , , , , „ , « , , , . Act 1871, c. 178..

which are now located or shall hereafter be located m r. s., i87i, c.3,.

accordance with the requirements of such by-laws and MJ.

ordinances, shall be deemed a defect in such road, way Trees not a

' ' "^ defect in the

or street. street.

2. A sum not exceeding five per cent, of the amount Trees about
committed to him, may be^expended by a surveyor, under Jurying lots.

IT . i«i ."i/Trt . !• R. S., 1871, c. 18,.

the direction of the municipal officers, in planting trees § 49.
about public burying grounds, squares, and ways within
his district, if the town by vote authorizes it.

3. Whoever wilfully and maliciously cuts down, ^°j^^*^ ^^'•
destroys, or otherwise injures any shrub or tree for r. s., i87i,
ornament or use, shall be punished by imprisonment g^'^^^^V t
less than one year, and by fine not exceeding one hun- tws section in^

•^ ' *' ^ reference to

dred dollars. fences, &c.

538

TREES.

Ornamental
trees on
streets, &c.,
not to be re-
moved, &c.,
without con-
sent of mayor
and aldennen.

Rev. Ord., 1868.

Penalty if
horses, &c.,
mutilate or
destroy.

Trees shall not
he injured
without con-
sent of mayor
and aldermen.

Ibid.

Horses and
animals shall
not be fast-

^ ened to.

Shall not in-
jure.

Penalties.

Duty of city
marshal to
prosecute.

Ibid.

Fines, Ac,
collected to
constitute
fund for re-
planting trees.

Trees &c.,
taken to be
legally estab-
lished.

Ord,. May 1,
1871.

Ordinances.

1. If any person shall remove, mutilate, or destroy
any ornamental tree planted, or that may hereafter
be planted, in any of the streets, alleys, squares, or
other public places within the limits of the city, with-
out a permit in writing from the mayor and aldermen,
he shall pay a penalty of not less than five nor more
than fifty dollars for each offence, according to the
degree and aggravation of the offence, and if any
owner or driver of any horse or other animal, shall
suffer them to mutilate or destroy any tree as afore-
said, such owner or driver shall pay a like penalty
for such offence.

2. No person, except by permission of the mayor
and aldermen, shall climb, break, peel, cut, deface,
either by posting bills of any description, or other-
wise, remove, injure or destroy any of the trees
growing, or which shall hereafter be planted, on the
walks or promenades, or in the streets or public
places of the city ; and no person shall in any way
fasten any horse or other animal to any of said trees,
or allow any animal owned by him or under his
control, to stand so near to the same that they may
be gnawed or otherwise injured by any horse or other
animal so fastened or permitted to stand. Any per-
son violating any of the provisions of this section,
shall be liable to a penalty of not less than five nor
more than fifty dollars for each offence.

3 . It shall be the duty of the city marshal to prose-
cute all violations of this ordinance, and the fines and
forfeitures thus collected, ^hall constitute a fund for
replanting of such trees as have been thus removed or
destroyed.

4. All trees, lamp-posts, posts and hydrants, now
placed and being within the limits of the streets
of the city, are hereby declared to be and shall be
taken to be legally established and located.

TREES. 539

5. Any tree, lamp-post, post or hydrants, or any see Lampposts.
post for the protection of the same, shall be taken to ^^d^^"""^ ^''"
be legally established within the limits of any street i^w.

of the city, when it has been located therein by order
or with approval of the mayor, or joint standing
committee on streets, sidewalks, and bridges, or
street commissioner.

6. When an order is given, under the provisions of ^^^^
this ordinance, it shall be recorded by the city clerk njid.
in a book provided for that purpose and kept in his
office. ^

Vinegar.

Adulteration-

of vinegar.

Act 1881, c. 6.

February 11,

1881.

Use of bad in-
gredients.

.Inspectors.

Statutes.

1. Vinegar, adulteration prohibited.

2. Vinegar, use of bad ingredients in.

3. Municipal oflacers to appoint inspectors.

1. Whoever manufactures for sale, or knowingly ofifers
or exposes for sale, or knowingly causes to be branded
or marked as cider vinegar, any vinegar not the legiti-
mate product of pure apple juice, known as apple cider,
and not made exclusively of said apple cider, but into
which any foreign substances, ingredients, drugs or acids
have been introduced, as shall appear by proper tests,
shall, for each such offence, be punished by a fine of not
less than fifty nor more than one hundred dollars.

2. Whoever manufactures for sale, or knowingly offers
or exposes for sale, any vinegar found, upon proper tests,
to contain any preparation of lead, copper, sulphuric
acid, or other ingredient injurious to health, shall, for
each such offence, be punished by a fine of not less than
one hundred dollars.

3. The mayor and aldermen of cities shall, and the
selectrhen of towns may, annually appoint one or more
persons to be inspectors of vinegar, for their respective
places, who shall, before entering upon their duties, be
sworn to the faithful discharge of the same.

Wards.'

Statutes.

1. City divided into seven wards.

2. Island ward.

3. Island ward made two wards as to election of certain

officers.

4. Change in wards, must be approved by the legal voters.

Order of City Council.

1. Ward one.
Ward two.
,Ward three.
Ward four.
Ward five.
Ward six.
Ward seven.

2. Not to take effect until ratified by legal voters.

Statutes.

1 . The city shall remain divided into seven wards ; and ^^^ cUvidecr

it shall be the duty of the city council, once in ten years into seven

or oftener, to revise, and if it be needful, to alter ^^^^l'

' ' ' city charter,

such wards, in such manner as to presei've, as nearly as § n.
may be, an equal number of voters in each. In each of
said wards, at the annual municipal election, there shall
be chosen by ballot, a warden and clerk, who shall hold
their offices for one year from the Monday following their
election, and until others shall have been chosen and
qualified in their places. Said warden and clerk shall be
sworn or affirmed to the faithful performance of their wardens and
respective duties by any justice of the peace of the city ;
and a certificate of such oaths or affirmations haying been
administered, shall be entered by the clerk on the records
of the wards. The warden shall preside at all ward meet-
ings with the powers of moderators of town meetings. If

* For provisions as to election of ward officers, and voting in wards, see
title "Elections," ante, and B. S. 1871, c. 4.

542

WAEDS.

"Ward meetings
how called.

Island ward.
Ibid. § 15.

See next
section,
making two
island wards
for certain
purposes.

at any meeting the warden shall not be present, or shall
refuse to preside, the clerk of such ward shall call the
meeting to order and preside until a warden ^>7'o tern.
shall be chosen. If both are absent, or shall refuse to
act, a warden and clerk pro tern, shall be chosen. The
clerk shall record all proceedings, and certify the votes
given, and deliver over to his successor in office all such
records and journals, together with all other documents
and papers held by him in said capacity. The voters of
each ward may choose two persons to assist the warden
in receiving, sorting and counting the votes. All regular
ward meetings shall be notified and called by warrant
from the mayor and aldermen, in the. manner prescribed
by the laws of this State for notifying and calling town
meetings by the selectmen of the several towns.

2. In addition to the seven wards, the several islands
within the city of Portland are so far constituted a sepa-
rate ward as to entitle the legal voters thereon to choose
a warden, ward clerk, and one constable, who shall be
residents on such islands. They shall hold their ward
meetings on any one of the islands which a majority of
the qualified voters residing on said islands may designate,
and may, on the days of election, vote at the place
designated for all officers named in the warrant calling
the meeting. The warden shall preside at all meetings,
receive the votes of all qualified electors present whose
names are borne on the lists ; shall sort, count and declare
the votes in open meeting and in the presence of the
clerk, who shall make a list of the persons voted for, with
the number of votes for each person, and a fair record
thereof, in presence of the warden and in open meeting,
and a copy of the list shall be attested by the warden and
clerk, sealed up in open meeting, and delivered to the
clerk of ward number one, within eighteen hours after
the close of the polls, to become a part of the record of
said ward ; and all votes thus thrown shall be deemed as
thrown in and belonging to ward number one. All meet-
ings of the voters of said island wai'd, for choice of
municipal oflScers, shall, after the business of the meeting
is transacted, stand adjourned for two days to determine

WARDS. 543

whether an election has been effected ; and adjournments
may be had, not exceeding two days at any one time, un-
til the election has been effected. If the warden or clerk of
said island ward shall be absent at any election, a warden
or clerk may be chosen pro teyapore. Or in case of a
failure or omission to elect a warden or clerk, said officers
may be chosen at any legal meeting duly called in said
ward.

3. The several islands^ within the city of Portland,

shall so far constitute two separate wards as to entitle the islands to be in

legal voters of each of said wards to choose a warden , *«« wards for

ward clerk and one constable, who shall be residents on certain offi-

said islands and of their respective wards. The first of cers.

said wards shall comprise Long Island, Crotch Island, §41 ^'amended*

Hope Island, Jewell's Island and Little Chebeague by Act 1879, c.

Island, or such parts of said islands as are within the ^^'

city of Portland, and the ward meetings of said first

ward shall be holden on Long Island. The second of

said wards shall comprise the remaining islands within the

city of Portland, and the ward meetings of said second

ward shall be holden on Peak's Island. The qualified

electors of each of said wards may meet as provided in

the thirty-ninth section of chapter four of Revised

Statutes, and also for the choice of city oflficers, at the

place designated, and may, on the day of election, vote

for all officers named in the warrant calling tfte meeting.

4. No change in the limits of any ward in any city by wards in cities,
the action of the city council, shall be valid unless it is change in tiie
approved by a majority of the legal votes cast at the to be made ^
election of city officers, held next after such action of the R.s. i87i, c. 3.
city council ; and the warrants for the ward meetings ^ ^'

shall contain an article for tliat purpose.

Order of City Council.

PASSED FEBRUARY 19, 1872.

1. Ordered^ That the present division of the
wards of the city, made March 10, A. D. 1862, be
changed, and that the following described lines be the
boundaries of the same : #

» See tiUe "Elections."

544 WARDS.

Ward i. Commencing at the harbor at a point
parallel with the line of the centre of Waterville
Street, thence on such line to the centre of Monument
Street, thence on such line to the centre of Mountford
Street, thence on such line across Congress Street to
the centre of Washington Street and Back Cove
Bridge to the channel of Back Cove, comprising all
the city territory north and east of this line.

Ward 2. Commencing at the harbor at a point
parallel with the line of the centre of India Street,
thence through the Centre of India Street to Congress
Street, thence through the centre of Congress Street
to Locust Street, thence through the centre of Locust
Street to Cumberland Street, thence through the
centre of Cumberland Street to Boyd Street, thence
through the centre of Boyd Street to the channel of
Back Cove, comprising all the territory between this
line and the before mentioned line of Ward One.

Ward 3. Commencing at the harbor at a point
parallel with the line of the centre of Market Street,
thence through the centre of Market Street to Con-
gress Street, thence through the centre of Congress
Street to a line parallel with the south west line of the
lot of land on which the city and county buildings
stand, thence on the southwest and northwest lines of
said lot to Myrtle Street, thence through the centre
of Myrtle Street to the channel of Back Cove, com-
. prising all the territory between this line and the
before mentioned line of Ward Two.

Ward 4. Commencing at the harbor at a point
parallel with the centre of Maple Street, thence
through the centre of Maple Street to Pleasant Street,
thence through the centre of Pleasant Street to Oak
Street, thence through the Centre of Oak Street to
Congress Street, thence through the centre of Con-
gress street to Casco Street, thence through the centre
of Casco Street to Cumberland Street, thence through

WARDS. 545

the centre of Cumberland Street to Hanover Street,
thence throuofh the centre of Hanover street to the
channel of Back Cove, comprising all the territory
between this line and the before mentioned line of
Ward Three.

Ward 5. Commencing at the harbor at a point
parallel with the line of the centre of Park Street,
thence through the centre of Park Street to Congress
Street, thence through the centre of Congress street
to State Street, thence through the centre of State
Street across Portland Street to the creek that divides
Portland and Deering, comprising all the territoiy
between this line and the before mentioned line of
Ward Four.

Ward 6. Commencing at the harbor, at a point
parallel with the line of the centre of Clark Street,
thence through the centre of Clark Street to Pine
Street, across Pine Street to West Street, through
the centre of West Street to Carle ton Street, thence
through the centre of Carleton Street to Confess
Street, thence through the centre of Congress Street
to Grove Street, thence through the centre of Grove
Street to the line dividing Portland from Deering,
comprising all the territory between this line and the
before mentioned line of AYard Five.

Ward 7. Comprising all the ten*itory southwest of
the before named line of Ward Six.

2. Ordered, That the foregoing division of the
city into seven Wards, shall be in force and take
effect from and after the time that it shall have been
approved by the legal voters of this city at Ward
meetings held for the election of city officers.

(The division as above wa^ approved by the lega
voters, March 4, 1872.)

Watch, and Ward.

[See revised Statutes, 1871, chapter 25.]

Water.

Property of.
Powers of.

Statutes.

1. Portland Water Company. Purpose of.

2. Portland Water Company.

3. Portland Water Company.

water.

4. Portland Water Company.

5. Portland Water Company.

6. Portland Water Company.

7. Portland Water Company.

8. Portland Water Company.

erty.

9. Portland Water Company.

10. Portland Water Company.

11. Portland Water Company.

12. Portland Water Company.

13. Portland Water Company.

14. Portland Water Company.

rupting water, &c.

15. Portland Water Company.

16. Portland Water Company.

men.

17. Portland Water Company.

18. Portland Water Company.

19. Portland Water Company.

How long.

20. Portland Water Company.

21. Portland Water Company.

22. Portland Water Company.

performance.

23. Portland Water Company.

24. Portland Water Company.

Where to take

Liability to damages.
Capital Stock.
Eights of city in.
Same subject.
Liability for injury to

prop-

Authority to lay pipes, &c.
Same subject.
Water supply to Portland.
Power of city in the company.
Penalty for obstructing streets.
Penalty to any person for cor-

Erecting dams, &c.

Power of mayor and alder-
First meeting.
May issue bonds.
City may exempt from taxes.

Contracts binding.

Same subject.

Court of Equity to compel

Board of commissioners.
Time for completing work.

WATER. 547

Ordinances.

1. Portland Water Company. Contract and consent of city

with.

2. Portland Water Company. Permits.

3. Portland Water Company. When streets shall be broken

into, &c.

4. Portland Water Company. Damages.

5. Portland Water Company. Control of street commis-

sioner.

6. Portland Water Company. When work to be done.

7. Portland Water Company. Obstructions deemed nuisances.

8. Portland Water Company, When pipes are to be relaid

at expense of company.

9. Portland Water Company. Penalty for injuring property

of the company.

Statutes.

1. John B. Brown, St. John Smith, Samuel E. Spring, Actof incor-
Rensselaer Cram, Rufus E. Wood, Jacob McLellan, and porationofthe

T-» • ^ir /-^i 1 • 1 1 • • T Portland

Dennis W. Llark, with their associates and successors, water Com-
are hereby made a corporation by the name of the Port- p^^J"-
land Water Company, for the purpose of conveying to Approved
the City of Portland, a supply of pure water for domestic Feb. 23,1866.
and municipal purposes, including the extinguishment of (^^oration
fires, the supply of shipping, and the use of manufactur- 1866, c. 159, § 1.
ing establishments.!

2. Said corporation may hold real and personal estate
necessary and convenient for the purpose aforesaid, not Property,
exceeding in amount one million dollars.

3. Said corporation is hereby authorized for the pur-
poses aforesaid, to take and hold so much of the waters Powers, where
of Lake Sebago as may be necessary for the adequate ib^(i*'§3^^^i^^^'
supply of water for the City of Portland, and may also amendment
take and hold, by purchase or otherwise, any land or real °^ 1867, c. 364,
estate necessary for erecting or maintaining d^ms and
reservoirs, and for laying and maintaining aqueducts for
conducting, discharging, distributing, and disposing of

water, and for forming reservoirs thereof.

4. Said corporation shall be liable to pay all damages

., . , „ 1 . . -. , . , . Liability to

that shall be sustained by any persons in their property damages.

by the taking of any land or mill privilege, or by flowage, ^^^ ^^ee, c. 159-

or excavating through any land for the purpose of laying

down pipes, building dams, or constructing reservoirs ;

1 This act by its terms took effect February 23, 1866.

548

WATER.

Capital stock.
Ibid. § 5.

Rigtits of city
of Portland.

Ibid. § 6, and
1867, c. 364,
§2.

Continued.
1866, c. 159.

Liability for
injury to pri-
vate property.

Ibid. § 8.

Authority to
lay pipes, &c.
Ibid. § 9.

and if any person sustaining damage, as aforesaid, and
said corporation shall not mutually agree upon the sum to
be paid therefor, such person may cause his damages to
be ascertained in the same manner and under the same
conditions, restrictions and limitations as are by law
prescribed in the case of damages by the laying out of
highways.

5. The capital stock of said company shall not exceed
one million dollars, and shall be divided into shares of
one hundred dollars each. Said capital stock shall be
applied exclusively to the supply and distribution of water
for the purposes set forth in this act.

6. At or after the expiration of six years from the date
of acceptance of this act by said corporation, the city of
Portland shall have the right to take, exercise and con-
trol all the property, rights, powers and privileges of said
corporation, on paying to said corporation such sums as
may be agreed upon by the city and said corporation ; or
in case they cannot agree upon the sum to be paid, such
sum shall be fixed upon by three commissioners, who shall
be appointed by the supreme court upon the application
of said city, and who shall fairly appraise the property
and rights of said company, and return their report
thereof to the supreme judicial court in the county of
Cumberland, which report, when accepted, shall be final
and conclusive upon the parties, and the said court
may make any orders or decrees, or issue any process,
necessary to carry the same into effect.

7. If said corporation shall not be organized and its
works put into actual operation within three years from
the approval of this act, the city of Portland shall suc-
ceed to ^11 the rights and privileges herein granted.

8. Nothing contained in this act shall be Construed to
affect or diminish the liability of said corporation for any
injury to private property by depreciating the value thereof
or otherwise, but said corporation shall be liable therefor
in an action on the case.

9. The said company are hereby authorized to lay
down, in and through the streets of said city, and to
take up, replace and repair, all such pipes, aqueducts,
and fixtures as may be necessary for the objects of their

WATER. 549

incorporation, first having obtained the consent of the
city council therefor, and under such restrictions and
regulations as said city council may see fit to prescribe ;
and any obstruction in any street of said city, or tak-
ing up, or displacement of any portion of any street
without such consent of the city council, or contrary to
the rules and regulations that may be prescribed as
aforesaid, shall be considered a nuisance, and said com-
pany shall be liable to indictment therefor and to
all the provisions of law applicable thereto; and said
company shall, in all cases, be liable to repay to said city
all sums of money that said city may be obliged to pay
on any judgment recovered against said city for damages
occasioned by any obstructions, or taking up, or dis-
placement of any street by said company whatever, with
or without the consent of the city council, together with
the counsel fees and other expenses incurred by said city
in defending any suit to recover damages as aforesaid,
with interest on the same to be recovered in an action for
money paid to the use of said company.

10. Whenever the company shall lay down any pipes
or aqueducts in any street, or make any alteration or
repairs upon their works in any street, they shall cause
the same to be done with as little obstruction to the pub-
lic travel as may be practicable, and shall at their own ^^^c^^J^^*
expense, without unnecessary delay, cause the earth and
pavement removed by them to be replaced in proper con-
dition. They shall not be allowed, in any case, to
obstruct or impair the use of any public or private drain,

or common sewer, or reservoir ; but said company shall
have the right to cross, or where necessary, to change the •
direction of any private drain in such a manner as not to
obstruct or impair the use thereof, being liable for any
injury occasioned by any such crossing or alteration, to
the owner thereof, or any other person, in an action upon
the case.

1 1 . Said corporation shall furnish at all times, to the city water to Port-
of Portland, without expense to the city, for use in the ibid. § ii.

550 WATER.

public buildiDgs, school houses of the city, and for the
extinguishment of fires, such amount of water as may be
needful therefor ; the necessary pipes and hydrants for
distribution thereof for the purposes named in this sec-
tion, being furnished, laid and connected with the pipes
of this company at the expense of the city.

12. At any time after the organization of the corpora-
Power of city .„_,-,,„ n ., . -, ^
in the com- tion the City of Portland shall be authorized, upon a vote

pany. of the city council to that effect, to take and hold in the

capital stock of the company an amount not exceeding
one-half thereof, upon paying to the company a like pro-
portional part of the cost up to such time of all their
buildings, works, dams, reservoirs, pipes and other prop-
erty, and ten per centum of such proportional part in
in addition thereto. The amount so received by the com-
pany for the proportional part so taken by the city, shall
be distributed and paid over to the other stockholders in
proportion to their several interests, and the par value of
the several shares held by them shall be reduced accord-
ingly. The company shall at the same time create and
issue to the city such a number of shares of the same par
value, together with a fractional share, if necessar}^, as
shall represent the whole amount paid by the city for
the proportional part of the capital stock sp taken ; at all
meetings of the stockholders of the company the shares
held by the city shall be represented by such agent as the
city council may, by vote from time to time, appoint, who
shall be entitled to cast one vote for every share held by
the city, and if said company shall neglect to comply
with the provisions of this section for the space of one
• month after an offer and request from the mayor to that
effect, all the rights and privileges of said company shall
wholly cease and be of no effect ; and in the event of a
disagreement between the said company and the city as
to the cost, up to the time of such offer, of the property
of said company as herein before set forth, then upon
application of said city the same shall be determined by
commissioners appointed in the same manner as is pro-
vided in the sixth section of this act, whose report when
accepted by the supreme judicial court shall be final and

WATER. 551

conclusive as to the amount of cost up to such time of
the property of said company.

13. If said company or any of their servants or officers
employed in effecting the objects of the company shall Penalty for ob
willfully or negligently place or leave any obstruction in g^^eC^c.
any of the streets of Portland, beyond what is actually

. iDia. § 13.

necessary in constractmg their works, laying down, tak-
ing up, and repairing their pipes and fixtures, or shall
wilfully or negligently omit to repair and put in proper
condition any street in which the earth or pavement may
have been removed by them, the company shall be sub-
ject to indictment therefor in the same manner that towns
are subject to indictment for bad roads, and shall be
holden to pay such fines as may be imposed therefor,
which fine shall be collected, applied and expended in the
same manner as is provided in case of the indictment
aforesaid against towns, or may be ordered to be paid
into the treasury of the city. If any person shall suffer
injury in his person or property by reason of any such
negligence, wilfulness or omission, he shall be entitled to
recover damages of the company therefor, by an action
on the case in any court of competent jurisdiction.

14. Any person who shall maliciously injure any of the penalty for m-
property of said company, or who shall corrupt the waters juring prop-
of said creek or any of its tributaries, or render them in l^^I^l ^^
any manner impure, or who shall throw the carcasses of waters,
dead animals or pther offensive matter or materials into ibid. §i4.
the waters of said creek or its tributaries, or leave the

same upon the same when frozen, or who shall in any
manner wilfully destroy or injure any dam, reservoir,
aqueduct, pipe, hydrant, or other property held, owned
or used by said corporation for the purposes of this act,
shall pay three times the amount of damages to said com-
pany, to be recovered in any proper action ; and every
such person, on conviction of either of said acts, shall
be punished by fine not exceeding five thousand dollars,
and by imprisonment not exceeding one year.

15. If in the erection and construction qf the works Erecting dams,
herein provided for, it shall become necessary to erect *^*

•' Ibid. § 15.

men.
Ibid. § 16.

552 WATER. ^

any dam or permanent works over tide waters, the said
company is hereby authorized to erect, construct and
maintain the same, first having the authority, in writing,
of the harbor commissioners of Portland harbor therefor,
and the approval of the city council of said city.
Power of May. l^- The mayor and aldermen, for the time being, shall
or and alder- at all times have the power to regulate, restrict and con-
trol the acts and doings of said corporation, which may in
any manner affect the health, safety or convenience of
the inhabitants of said city.

17. The first meeting of said corporation may be called
First meeting, by a notice signed by any two of the corporators, pub-
ibid. § 17. lished five days successively before the day fixed for such

meeting, in any newspaper published in Portland.
Corporation 1^* The said corporation may issue its bonds for the

may issue construction of its works, upon such rates and time as it
aTi^t c 364 ™^y deem expedient, not exceeding in all the sum of
§ 3. eight hundred thousand dollars, and secure the same by

a mortgage of the franchise and property of said com-
pany. ^
City may ex- 19. The citv couucil of the city of Portland, may, by

a«on foTsix^ ^^^^ exempt any property of said corporation not now in
years. existen(?e, from taxation for the term of six years.

Ibid. § 4. 20. Any contract or stipulations which may be made

An act addi- by the city council of Portland on behalf of said city, and
water Com- ^^^ Portland Water Company, as a condition of giving
pany ciiarter. the couseut of said city council, required in the ninth
Contracts bind- section of chapter one hundred and fifty-nine of the
1^8, c. 497. special laws of the year one thousand eight hundred and
sixty-six, entitled, "an act to supply the people of Port-
land with pure water," shall be binding on the parties
thereto.
Same subject. 21. The city couucil may embody such conditions and
Ibid. § 2. stipulations as may be agreed upon by said parties, and

may be deemed necessary to protect the interest of the
inhabitants of said city, in the ordinance by which the
consent required in said ninth section shall be given, and
such ordinance shall be binding on said water company.
But nothing in such ordinance contained shall relieve said

« Act of 1867, c. 364, took effect, by its terms, Feb. 26, 1867.

WATER. 553

company from any of the duties and liabilities imposed
by said act to which this act is additional.

22. In addition to all legal remedies which may at any court of equity
time exist, the supreme judicial court shall have juris- to compel per
diction in equity, to compel the performance of all such j^j^j g 3
conditions and stipulations, or of any contract or agree-
ments made by said city and said company by virtue of

such conditions and stipulations ; and for this purpose it
may grant injunctions and make decrees of specific per-
formance by said company of such conditions, stipulations
and contracts, upon a summary hearing, and from time
to time modify such injunctions and decrees as the case
may require, in accordance with the rules and practice in
equity proceedings in relation to injunctions.

23. After the city council of Portland shall have given

its consent for said company to lay their pipes in the Bo^rd of com-
streets as provided in section nine of the act aforesaid, missioners.
and shall have entered into a contract with the said com- ^^^^ § 4
pany as authorized to do by this act, the mayor and
aldennen of said city, at any time thereafter, may and
are hereby authorized and empowered to appoint a board
of commissioners, consisting of three citizens of Portland,
whose duty it shall be to see that the regulations made
by virtue of said act, and the terms and conditions agreed
upon between the city and said company are punctually
observed and performed. Such commissioners shall be
appointed by nomination by the mayor and confirmation
by the board of mayor and aldermen. One shall be ap-
pointed for one year, one for two years, and one for three
years, so that one shall go out of office annually at the
same time at which the term of office of mayor expires^
When the term of any commissioner expires, a new ap-
pointment shall be made in the same manner for the
term of three years. When a vacancy occurs in any
manner, an appointment shall be made for the balance of
the term.

24. The time allowed by law to said company for the ,j,^^^ ^^^. ^^^^
completion of its work is hereby extended two years from pietion of
the passage of this act. ST.^!^^'

^ ° Ibid. § 5.

554

WATER.

Ordinance,
March 3,

•sConh-act and
consent.

Ordinances.^

1. The Portland Water Company are authorized to
lay down in and through the streets of the city of
Portland, and to take up and repair all such pipes,
aqueducts, and fixtures as may be necessary for the
objects of their incorporation, subject to all the re-
quirements of their charter and the additional act
approved February 14, 1868, and to the conditions
of the following agreement, which is hereby incor-
porated into this ordinance as a part thereof, and as
a condition of the consent hereby given.

This memorandum of an agreement made and
entered into at Portland, this twenty-eighth day of
February, A. D. 1868, by and between the city of
Portland, of the first part, and the Portland Water
Company, a corporation established and organized
under the laws of the State of Maine, party of the
second part, witnesseth :

That in consideration that the city of Portland doth
hereby consent that the said Portland Water Company
may lay down its mains and pipes in the city of Port-
land, subject to all the conditions and limitations and
liabilities imposed in the charter of said company,
which are as follows, viz :

The said company are authorized to lay down in
and through the streets of said city and to take up
and repair all such pipes, aqueducts, and fixtures as
may be necessary for the' objects of their incorpora-
ation, the consent of the city council being given
thereto under the followino: restrictions and regula-
tions, and subject to the following agreements :

Said company shall be liable in all cases to repay
to the city all sums of money that said city may be
obliged to pay on any judgment recovered against
said city for damages occasioned by aiiy obstructions,
•or taking up or displacement of any street by said com-

8 See ordinance as to taking water from reservoirs. Ord. 1, title "Fire."

WATER. 555

pany, whatever, with or without the consent of the city
council, together with counsel fees and other expenses
incurred by said city in defending any suit to recover
damages as aforesaid, with the interest on the same,
to be recovered in an action for money paid to the use
of said company ; and whenever the company shall lay
down any pipes or aqueducts in any streets or make
any alteration or repair in their works in any street,
they shall cause the same to be done with as little
obstruction to the public travel as may be practica-
ble, and shall at their own expense, without unneces-
sary delay, cause the earth and pavement removed
by them to be replaced in proper condition ; they will
not in any case obstruct and impair the use of any
private or public drain, common sewer or reservoir
or gas i^ipe, but said company shall have the right to
cross, or when necessary, to change the direction of
any private drain in such manner as not to obstruct
or impair the use thereof; being liable for any injury
occasioned by any such crossing or alteration to the
owner thereof, or any other person injured, in an
on action the case.

The said company on its part, doth hereby cove-
nant and agree with said city as follows :

First, Said corporation shall furnish at all times to
the city of Portland, without charge to the city, for
use in public buildings and school houses of the city,
and for extinguishment of fires and other strictly
municipal purposes, such amount and volume of water
as may be needful therefor; the necessary service
pipes and hydrants for distribution thereof for the
purposes aforesaid being furnished, laid, and con-
nected with the pipes of this compan}^ at the expense
of the city, and will also supply, upon the same con-
ditions, free from charge to the city, the water for
three public fountains, the regulation of the supply
of water from the fountains to be under the joint

556 ■ WATER.

control of the water commissioners of the city, and
the president of the company.

Second. The water shall be introduced into the
city from Sebago Lake, by a twenty-inch hydraulic
main, so as to supply the hydrants, within two years
from January 1st, A. D. 1868.

Third. A reservoir or reservoirs shall be con-
structed on Bramhall's or Munjoy Hills, of the capacity
of 16,000,000 gallons, and the higher elevations on
Bramhall and Munjoy shall be supplied by a stand-
pipe or by gravitation directly from the mains, in a
manner satisfactory to engineer of the city. The
capacity of the reservoir shall be increased from time
to time when necessary to meet the requirements of
increased consumption.

Fourth. For city distribution, in addition to the
twenty-inch mains, there shall not less than 5,000
feet of sixteen-inch pipe, 5,000 feet of twelve-inch
pipe, 5,000 feet of ten-inch pipe, 10,000 feet of eight-
inch pipe, 40,000 feet of six-inch pipe, and 10,000
feet of four-inch pipe.

Fifth. In the event of reasonable ground of com-
plaint of want of supply to more sparsely populated
portions of the city the city council shall decide upon
the feasibility and necessity, and the company shall
lay its mains wherever the city council shall decide it
reasonable to require it under all the circumstances of
the case.

Sixth. The rate charged to the water takers shall
be reasonable as compared with the rates in other
cities, with due consideration to the cost and income
of the works ; and in case of excessive or exorbitant
rates, shall be liable to correction by the supreme
judicial couii;, under the equity powers conferred on
the court by the act of February 14, 1868, and for
manufactories and other similar large consumers the
maximum rates shall be fixed by the city and the

WATER. 557

company, and in case of their disagreement, by the
three commissioners appointed by the supreme judi-
cial court.

The works shall be constructed under the super-
vision of an engineer appointed by the city, who
shall confer with the engineer of the company as the
work progresses, and in case of disagreement a third
engineer shall be selected, whose decision shall be
final.

In witness whereof, the said Portland Water Com-
pany hath hereto, by its president, thereto duly
authorized, affixed the name and seal of said company,
the assent of said city being given in the ordinance
in which this agreement is incorporated.
The Portland Water Company, > Corporated seal
by G. F. Shepley, President. 3 of the Company .
Approved March 3, 1868. Aug. E. Stevens, Mayor.

2. The following regulations and restrictions are
prescribed and established for the laying down, Keguiations of
taking up, replacing and repairing all pipes, aque- ^atercom-
ducts and fixtures by the Portland Water Company, pany-
in and through the streets of the city, pursuant to
the provisions of section nine of the charter of said
company, approved February 23, 1866.

Said company, before making any excavation
obstruction, or displacement in any street of the city,
for the purpose of laying down, taking up, replacing
or repairing any water pipes, aqueducts, or fixtures,
shall first obtain wiitten permission to do so from the
commissioner on streets. Applications for such per-
mits shall be made in writing, and shall specify the
street or streets in which the work is intended to be
done, and the points of commencement and termina-
tion of the same. Said permits shall not ])e valid unless Permits-

11,, , , ^, .« Ord. April 19,

countersigned by the mayor who shall specify on 1874.
which side of the street the pipe is to be laid. When

558

WATER.

work is completed, said company shall give notice
thereof in writing to the street commissioner, who
shall proceed immediately^ to examine the manner in
which said work has been done, and if the same has
been done to his satisfiiction, he shall certify the fact
to the company ; otherwise he shall notify the com-
pany what further repairs are required, and said
company shall thereupon thoroughly and completely
repair the same to the satisfaction of said commis-
sioner on streets.

3. No street or sidewalk, or any part thereof, shall
When streets ^^ ^^^S ^P ^^ broken into, for the puipose of laying

shaiibebrok- service pipe, between the first day of December and
iwdTa.*'"' ^^® fifteenth day of April of each year, without the
permission of the mayor and aldermen, in writing,
under a penalty of twenty dollars and a further pen-
alty of twenty dollars for each and every day or part of
a day that the work is in progress . Nor shall the streets
nor any part thereof, be dug up or broken into for the
laying of main pipes, between the first day of Novem-
ber and the first day of May in each year, under a
penalty of twenty dollars for each ofiense, and a
further penalty of twenty dollars for every day or
part of a day that the work shall be in progress, or
the street remain broken as aforesaid. Nor shall any
street or any part thereof be dug up or broken into
before the water pipes are prepared and placed in the
vicinity ready to be laid down.

4. Said company shall be liable for all damages
occasioned by the digging up and opening any street,
or obstructions therein by said company, as follows,
viz : For all or any such works done before the first
day of November, they shall be liable for all damages
occasioned thereby, for the space of sixty days from,
and after the approval certified as aforesaid by said
commissioner, and for all or any such w^orks done
after said first day of November, they shall be liable

Damages,
Ibid. § 3.

WATER. 559

until the fifteenth day of the June next following, of
each year.

5. All said work shall, during its progi-ess, be
subject to the control of said street commissioner ;

and said company, its servants, contractors, and control of

^ *^ . . . , street commis-

agents shall strictly observe all directions given by gioner.
him for the protection and convenience of the public. ^^^S*-
All excavations and obstructions made in any street
by said company, shall be well railed in and lighted
after dark, so as to protect all persons from damage
and accident thereby.

6. Whenever any street, or any part thereof, is

taken up for purposes aforesaid, said company shall when work to

perform the work proposed to be done, with all ibid. §5.

convenient despatch, and as soon as the same is done

they shall repair such street and put the same in as

good condition as it was in before such taking up, and

shall cause all surplus earth, stones, materials, and

rul)bish to be immediately removed from the street ;

and whenever such street, or any part thereof, or any

pavement thereon, shall thereafter settle or become

out of repair by reason of the works aforesaid, the

said company shall thoroughly and completely repair

the same, to the satisfaction of said commissioner of

streets. In case said company refuse or neglect to

repair the same, after one day's notice therefor by

said commissioner, he shall proceed to repair the

same at the expense of said company.

7. Any obstruction, taking up, or displacement of

,• n . . J jji tj« Obstructions

any portion 01 a street contrary to these regulations, deemed nui-
>hall be considered, and is . hereby declared to be a nances.
nuisance.. xu ^ so

8. Whenever any of said pipes, in laying them

do^vn, shall come in contract or interfere with any when pipes re-
i)ublic drain or sewer, said pipes shall be laid under ^^^^ ^' ®^*

* . . pense of com-

or over such drain or sewer, unless in the opinion of pany.
the committee on drains and sewers, it shall be "'^^S"-

560 WATER.

necessary to change the direction of such drain or
sewer, in which case the same shall be done by said
company at their .expense, under the direction and
to the satisfaction of said committee.

9. Any person, who within the limits of the city
^juHngproVer- ^^ Portland, shall wilfully or maliciously destroy or
tyof the com- injure any dam, reservoir, aqueduct, pipe, hydrant,
ord!^oct.i3, or other property held, owned, or used by said
1870. company for the purpose of which said company was

chartered, or shall throw or deposit, or cause to be
thrown or deposited, in any reservoir, fountain, or
pipe, held, owned, used by, or connected with the
works of said company, or used in supplying the city
or the citizens of Portland with water, any animal,
vegetable, or mineral substance, or shall otherwise
corrupt the water therein, or render the same impure,
shall, upon conviction of either of said acts, be" pun-
ished by a fine not exceeding one hundred dollars for
each offence.

Watering Trouglis,

Statutes.
1. Watering troughs, abatement for.

1. A town, at its annual meeting, may authorize its
assessors to abate three dollars from the tax of any inhab- "^a*®^"^^

•^ . troughs,

itant, who shall construct, and during the year keep in abatement for.
repair a watering trough beside the highway, well supplied ^- s.,i87i,q.i8,
with water, the surface of which shall be two and a half
feet or more above the level of the ground, and easily
accessible for horses and carriages, if the assessors think
such watering trough for the public convenience. If
more than one person in a surveyor's district claim to
furnish it, the municipal oflScers are to decide where it
shall be located. ^

1 Eastport v. Hawkes, 15 Maine, 155.

Weighers and Gangers.'

Ordinances.

1. One or more weighers and gangers to be appointed. To

be sworn.

2. Duties.

3. Fees.

4. To pay for use of city scales.

5. Persons not autliorized, acting. Penalty.

1. There sfiall annually be elected by the city

One or more . i r. t»*- i

weighers and council, m the month of March, one or more city
gangers to be ^ejo^hers and ffauo'ers, who shall be sworn to the

appointed. o & & ' ^ • /T» 1

To be sworn, faithful performance of the duties of said office, and
' who shall continue in office until removed, or until a
successor is elected and qualified.

2. It shall be the duty of said weighers and gangers
Duties. when thereto requested by the owner, to weigh or

gauge, as the case may be, the contents or capacity
of any pipe, hogshead, tierce, barrel, cask, box and
other vessel or article, and mark the contents and
tare, and outs, as the case may be, and the initials of
his name and office on each such vessel or article he
shall so weigh or gauge.

3. Said weigher and ganger shall be entitled to
charge and receive in full for his services aforesaid,
the following fees for weighing, viz : seventeen cents
for each pipe or hogshead, twelve cents for each tierce
or box, eight cents for each barrel, twenty cents per
ton for other articles, and the following fees for
gauging, viz: ten cents for each pipe or hogshead,
eight cents for each tierce, four cents for each barrel
or cask, and three cents for ascertaining and marking

1 See titles "Hay," and "Weights and Measures."

Ibid

Ujid.

WEIGHERS AND GAUGERS. 563

%
the outs of each cask, when the same is not gauged
at the same time.

4. Weighers and gangers shall pay to the citj
treasurer, to the use of the city, as compensation for w^^g^^^rs and

•^ ^ gaugers shall

the use of the city scales, one and a half cents for each pay for use of
pipe or hogshead ; one cent for each tierce or box ; orJ,^^y^2i,
o ne-half cent for each barrel ; and two cents per ton i^ss, and Rev.
for all other articles weighed with said scales.

5. Any person, not duly authorized as city weigher persons not au-
and orauorer who shall exercise that office by weiofhino: t^ori^ed, act-

f=> o f -^ » o ing. Penalty.

or gauging any cargo or parts of cargo of any foreign ord., Aug. 7,
merchandize, requiring a city weigher or ganger, or q^' ^°^^^'
shall exercise or perform the duties of weigher or
ganger in any manner for fees or hire, shall for every
such violation of this ordinance, forfeit and pay a
sum not exceeding thirty dollars to the use of the city.

Weights and Measures,

Statutes.

1. Town seal and standard of beams, weights and measures

to be kept by treasurers. Same to be sealed once in ten
years ; penalty for neglect, and how recovered and ap-
propriated.

2. Appointment of sealers by municipal officers of towns ;

penalty for neglect, and how recovered and appropri-
. • ated.

3. Penalty for sealer not accepting office and taking oath.

Sealer to have custody of standards and seals, and be
accountable for their preservation and re-delivery.

4. Duty of town sealer; penalty for neglecting the same, and

how appropriated.

5. Dearborn or Hills' steelyard, or the Fairbanks' scale may

be used, provided they are sealed.

6. All measures, for articles sold by heaped measure, shall

be conformable to public standard. Penalty for selling
• by beams, weights or measures not sealed, and how

appropriated.

7. Twenty-five pounds shall be a quarter; four quarters, one

hundred ; twenty hundreds one ton ; and articles, sold
by tale, shall be by decimal hundreds.

8. Fees of weighers.

1. The treasurers of towns, at the expense thereof,

Town seal and shall constantly keep a town seal, and, as town standards,

beams^ ^ ^ Complete set of beams, weights, and copper and pewter

weights and measul'es, conformable to the State standards, except

keptTy 'tr*^a^8^ that the bushel measure, and the half bushel, peck and half

urers, &c. peck measures may be of wood instead of copper or pewter,

R. s„ 1871, c. 43, but of the same dimensions, and except also a nest of troy

weights other than those from the lowest denomination to

eight ounces ; they shall cause all beams, weights and

measures, belonging to their towns, to be proved and

sealed by the State or county standards once in ten years.

WEIGHTS AND MEASURES. 565

computing from July fi«t, eighteen hundred and forty ;
and for every neglect of duty as aforesaid they shall
forfeit one hundred dbllara, half to the use of the town,
and half to the use of the person suing therefor.

2. The municipal oflScers of each town shall annually
appoint a sealer of weights and measures therein, remov- Appointment
able at pleasure and have power to fill any vacancy that °^ sealers, &c.
occurs; and for each month's neglect of this duty, they ibid. §5.
shall severally forfeit ten dollars, to be appropriated as in

the preceding section. Any city may purchase and keep
for use scales for weighing hay and other articles, appoint
weighers and fix their fees, to be paid by the purchaser.

3. If any person, so appointed and notified thereof,
refuses for seven days to accept the office and be sworn, pgj,^jj^ j^j.
he shall forfeit five dollars; but when sworn, he shall sealer not ac-
receive the standards and seal from the treasurer, giving ^Pttn? o^ce,
a receipt therefor, describing them and their condition,

and therein engaging to re-deliver them at the expiration

of his office in like good order ; and he shall be account- ^

able for their due preservation while in his possession.

4. Every such sealer shall annually, in the month of _

•^ *^ ' Duty of town

May, post notices in different parts of his town stating the sealer; penal-
times and places* at which he will attend to the proof and tyfor negiecr
sealing of weights and measures ; shall deface or destroy ated.
all weights and measures that are not or cannot by him „ .^ ,

- , -' Ibid. § 7.

be made conformable to the standard ; shall visit the
houses of innholders, the warehouses and stores of mer-
chants, and the dwelling houses of such other inhabitants,
as neglect to send to him their weights and measures, and
there prove and seal the same ; and every sealer neglect-
ing any duty herein required of him, and every person
neglecting or refusing to have his weights and measures
proved and sealed as aforesaid, shall forfeit ten dollars,
to be appropriated as in section one of this chapter.

5. In all cases of weighing, the vibratinoj steelyard

What scales
invented by Benjamin Dearborn, or the vibrating steel- may be used,

yard invented by Benjamin Dearborn and improved by *<^'

Samuel Hills, or the Fairbank's scale, may be used ; but iwd. § s.

before being offered for sale, or used, each beam and the

poises thereof shall be sealed by a public sealer of weights

and measures, appointed according to law.

Ibid. § 10.

566 WEIGHTS AND MEASURES.

Measures, for 6. All measures, by which •I'uit and other things,
byheapecf^ usually sold by heaped measures, are sold, shall be con-
measure, shall formable in capacity and breadth,' to the public stand-
^bi^T^*^r"d ^^^ ' ^^^ ^^ ^^y person otherwise sells and exposes
ard. to sale any such fruit or other thing, any goods or

Ibid. § 9. commodities whatever by any other beams, weights, or

measures than those proved and sealed as aforesaid, he
shall forfeit for each offence not less than one dollar
nor more than ten dollars ; one-half to the use of the
town, and the other to the sealer, or to him who prosecutes
therefor.
Twenty -five 7. Such articles as are sold or exchanged in any

pounds shall market or town in this State by gross or avoirdupois
^e^aquar er, ^gjgj^^^ shall be sold or exchanged as follows : twenty-five
avoirdupois pounds constitute one quarter ; four quarters,
one hundred ; and twenty hundreds, one ton ; and all
other articles, usually sold by tale, shall be sold by deci-
mal hundred.

8. The fees of sealers of weio-hts and measures for
of weights and trying and proving beams, weights and measures by the
measures. town standard, shall be as follows, to be paid by the
person for whom the service is rendered : for a platform
or hay scale weighing six thousand pounds or more, one
dollar ; for one weighing one thousand pounds and under
n^fTs^iT ^^^^ ^^"^ thousand, fifty cents ; for a platform scale weighing
six hundred pounds and under one thousand, twenty-five
cents ; for one weighing less than six hundred, ten cents ;
for any other scale or steelyard that w^eighs with a poise,
five cents ; for each dry measure and for all other weights,
measures, scales or beams, three cents each ; and a reason-
able compensation for all repairs, alterations and adjust-
ments necessary to make the same conformable to the
town standard.

Weigher of Hard Coal.

Statutes.

1. Coal to be sold by weight, &c.

2. Weighers to be appointed and sworn.

3. Coal to be weighed by sworn weighers before sale, when

not sold by cargo. Parties may agree upon weight.

Ordinances.

1. Weigher of hard coal to be chosen.

2. Duties.

3. To examine and prove scales used by hfm.

4. To give public notice of scales not sealed.

5. Not to use scales unless sealed. Penalty.

6. Penalty for dealer in coal, refusing weigher to prove his

scales.

7. Compensation.

Statutes.

1. Anthracite, bituminous, or other mineral coal, shall coaitobesoid
be sold by weight; and two thousand pounds thereof, ^y weight, &c.

, „ , , R. S., 1871, c. 41,

shall be a ton. gii

2. The municipal officers of towns shall annually ap-
point weighers of such coal, who shall be sworn, and Weighers of
receive such fees as said officers may establish to be paid ^^^^ ^^}^^ ^]^'

•^ '■ pointed and

by the buyer. sworn.

3. Unless the coal is sold by the carofo, the seller shall, ^^'V ^ ^r

•^ *=^ ' ' Coal to be

on request or the purchaser, cause the same to weighed weighed by

by a sworn weigher, who shall make a certificate of the ^^'^^°

Aveififher be-
weight thereof ; and the seller shall not maintain a suit fo^ sale,

for the price of such coal unless he had delivered such when not sold

certificate to the buyer before its commencement. ibi^?§^3?and

Act, 1879, c. 142.

Ordinances.
1. There shall be chosen, annually, by the city rrr • u . ^
council in convention, a suitable person as weigher of coai to be
hard coal, who shall be sworn to the faithful diseharore

chosen.
Rev. Ord., 1868.

568 WEIGHER OF HARD COAL.

of the duties of said office, and who shall be remova-
ble by vote of the city council ; and in case of a
vacancy in said office, the city council shall choose a
suitable person to fill the same.

2. It shall be the duty of the weig*her of hard coal,
when thereto requested, carefull}^ to weigh or superin-
tend the weiorhino^ of hard coal, sold in the city, and

Ibid. . . .

deliver to the driver or person taking away such coal,
for each load he may weigh or superintend, as afore-
said, a ticket by him signed, certifying the quantity
such load contains, and the names of seller and
purchaser ; and he shall keep an office in some
convenient place in the vicinity of the principal coal
yards in the city, where he can be found, for the
performance oT the duties of his office.

3. The Aveigher of hard coal shall, from time to
time, as often as once a month carefully examine, try

'^p'^rovrSeT'^ and prove all scales used by him or under his super-
used by mm. intendence for weighing hard coal ; and if upon any

Ibid. examination and trial, it shall be found that such

scales are not conformable to the legal standard, he
shall give immediate notice thereof, in writing, to the
owner or keeper of said scales, therein requesting him
to have the same regulated and sealed forthwith.

4. In case said owner or keeper shall refuse or
Te give public neglect to have the same tried, proved, and sealed by

notice of the public sealer of weio:hts and measures, for the

scales not ^ i • 'j. i n

sealed. space of tweuty-four hours after such notice, it shall

be the duty of said w^eigher forthwith to give public
notice thereof, in two of the city daily papers, pub-
lished in this city.

5. Said weigher is hereby forbidden from using
Not to use gjjj^i scales, or cert if vino: the wei^^ht of coal, weiahed

scales unless ? ./ o o • &

sealed. therewith, until the same shall have been tried,

proved and sealed as aforesaid ; and for any neglect
of duty aforesaid, or violations of the provisions of
this ordinance, said weigher shall forfeit and pay not

WEIGHER OF HARD COAL. 569

less than two dollars for each load of coal he shall
weigh therewith, until the same shall be sealed as Penalty,
aforesaid, one-half of said penalty to enure to the
prosecutor, and the other half to the city.

6. If any dealer in hard coal in this city, after

being requested by any person purchasing coal of ^deTiS'hl'coai,
him, shall refuse permission to said weigher to weigh refusing
said coal upon his scales, he shall forfeit and pay five profe ws^
dollars for each time he refuses such permission to
said weigher, one-half thereof to the city and the
other half to the complainant.

7 . Said weigher of hard coal shall receive such fees

for his services as shall be from time to time estab- compensauon.
lished by the mayor and aldermen, to be paid by the
person requesting his services.

scales,
njid.

Weigher of Plaster.

Ordinances.

1. "Weigher of plaster to be elected.

2. His compensation.

3. City to provide scales.

4. Bonds to be given.

1. There shall annually be elected, by the city
Weigher of council, a Suitable person as weigher of plaster, who

plaster to be ^ . , ® .

elected. shall be swom to the faithful discharge of the duties

Rev.Ord.l868.^f y^^^^^^

2. The weigher of plaster shall receive for and in
full compensation for weighing plaster, seven cents
per ton, to be paid by the purchaser for whom the
services are performed.

3. Scales suitable for weighing plaster shall be pro-
( City to provide vidcd by the city, for the use of which, the weigher

sea es. ^£ plaster shall pay the city treasurer one-seventh

^^^' part of all monies received by him for weighing.

4. The weigher of plaster shall give a bond in the
Bonds to be sum of ouG hundred dollars, to be approved by the

given. mayor and aldermen, for the faithful performance of

njid. his duty, and for the payment of such sums as shall

be due to the city for the use of the scales.

Wells and Pumps.

Ordinances.

1. Penalty for injury to pumps.

2. Penalty for taking water from pump or well, or wasting

the same.

1. If any person shall wilfully or carelessly break, Penalty for in-

. . ,% . „ ., ,11 jurytopumps.

miure or deftice any pump m a well, partly or wholly

J X ^1, i- ^r -^ 1. ^ n ^ ^ -^ A ^^- Ord. 1868.

made at the expense oi the city, he shall lorteit and
pay a sum not less than one nor more than ten dol-
lars for each offence, and shall be further liable to the
action of the city for all damages done by him to such
pump.

2. No person shall at any time take more water

from any of the wells aforesaid than he may want for Penalty for

^ •' *^ taking water

immediate use, nor shall take water from such well, from pump or
unless it be into some cask or other vessel, nor shall ^^ tiie^sa^e!
in any manner waste the water of such well, under a
penalty of not less than one nor more than ten dollars
for each offence.

"Wharves/

Statutes.

1. Wharves, extension of prohibited below low water mark,

without consent. Not to be extended beyond harbor
commissioners' line.

2. Notice for construction of wharves required.

3. Atlantic and St. Lawrence wharves beyond commissioners

line.

Order.

1. Wharf line established.

Statutes,
whan^es not to 1. No existing wharf in Portland shall be extended

extend below • ^j^ harbor a greater distance below low water mark

low water ^

mark, without than the same now exists, and hereafter no such new

consent. ^harf shall be extended below low water mark into the

City charter,
§22. harbor without, in either case, the written assent of the

Not to be ex- jQ^yQ^. ^nd aldermen. No wharf or incumbrance shall
tended beyond "^
harbor com- hereafter be erected or extended into said harbor beyond

missioners' the harbor commissioners' line.^

2. When the construction or extension of a wharf in
Notice for con- ^^^^^ waters in any city is desired by the permission of

structionof the city authorities, they shall require the applicant to
qSred!^^^ give fourteen days notice thereof by publication in two
R.s.,i87i,c.i7, newspapers, before acting upon it.

!T' ^ .c 3. The Atlantic and St. Lawrence Railroad Company
Atlantic and St ^ . "^

Lawrence and its lessees, are hereby authorized to build and main-
wharves to be tain in the waters of Portland harbor, and in front of
yond commis- ^ny lands now owned or leased by said parties or which
sioners'iine. may be hereafter purchased or leased, a wharf or wharves
Fei). 4. ' extending into said waters to a distance not exceeding

1 Act of 1876, § 78, provides in general for proceedings in regard to wharf
lines, but is made not to apply to Portland Harbor by private laws, 1876, c*
78. See title "Harbor of Portland." See also Act, 1853, c. 167, § 1.

2 The legislature has power to establish lines in a harbor and to declare
any wharf a nuisance which extends beyond such line. Commonwealth v.
Alger, 7 Cushing, 53.

WHARVES. 573

two hundred feet beyond the harbor line eastward of
Gait's wharf, provided that the consent of the harbor
commissioners of Portland or the city council of Portland
shall first be obtained.

Order.

In Boa^d of Aldermen,
October 11, 1854.
1. Ordered^ That the following described line be,
and the same hereby is fixed and established as the ^^a^f une es-

•^ . tabUshed.

wharf line or limit of construction on the north side
of Portland harbor, beyond which no wharf shall
hereafter be constructed or extended in said harbor,
within the limits bounded by said line, to wit i^

Commencing at the eastern corner of the Gas Com-
pany's wharf, next above Portland bridge, in a straight
line to the southern corner of the end of Robinson's
w^harf, and along the end of it to the eastern corner,
thence in a straio^ht line to the southern corner of the This is changed

C5 as noted be-

end of Central wharf, and along the end of it to the low.
eastern corner ; thence in a straight line to the south-
ern corner of the end of Custom House wharf, and
along the end of it to the eastern corner ; thence in a
straight line to the southern corner of the end of
Railway wharf, and along the end of it to the eastern
corner; thence in a straight line to the southerly
comer of the end of St. Lawrence wharf, and along
the end of it to the eastern corner ; thence parallel to
the straight portion of the outside railroad track, to
the shoals to the southward of Fish point, as defined
in a copy of a plan of Portland harbor, made by the

United States coast survey, in 1853.

•

3 See important change made in Harbor Commissioners' line, act 1881,
February H.
This act Is printed under title " Harbor of Portland," in note to section one'

Wood, Bark and Oliarcoal.

Statutes.

WOOD.

1. Dimensions of a cord of wood.

2. Penalty for selling without survey.

3. How wood, brought by water, shall be measured.

4. Ticket required.

5. Penalty for fraudulent stowage.

CHARCOAL.

6. How charcoal may be measured and sold.

7. Coal baskets to be sealed ; dimensions.

8. Penalty.

9. Seizure of unlawful baskets.
10. Penalty for refusing to give certificate.

Ordinances.

1. Measurers of firewood and bark to be chosen. To be
sworn. Vacancies to be filled.

2. Measurement to be in two branches. Of wood and bark
brought into the city by carts, &c. Of same by water
or railroad. City divided into two districts.

3. Duties of measurers. To give tickets certifying measure,
&c. To keep record of tickets issued. To make annual
report to city council.

4. Teams with wood or bark not to stand in streets longer
than ten minutes. Cattle not to be fastened to post, &c.
Team not to be fed in streets. Wood not to be unloaded
or piled in market, if any.

5. Penalties.

6. Mayor and aldermen to appoint person to seize charcoal
baskets.

Statutes.

WOOD AND BARK.

Dimensions Of ^' Towns may, by ordinance, regulate the measure and

acordof wood, sale of wood, coal and bark therein, and the location of

' " ' '^' 'teams hauling the same; and enforce it by reasonable

penalties. 1 All cord wood exposed to sale shall be four

1 Contract for sale of wood less than four feet long is not void ; where
there is no surveyor, parties may appoint one. Coombs v. Emery, 14 Maine*
404. As to hard and soj^ wood, see Darling v. Dodge, 36 MainCj 370.

WOOD, BARK, CHARCOAL. 575

feet long including half the scarf ; and well and closely
laid together ; a cord of wood or bark shall measure eight
feet in length', four feet in width, and four feet in height,
or otherwise contain one hundred and twenty-eight cubic
feet ; and the measurer shall make due allowance for
refuse or defective wood, and bad stowage.

2. If any firewood or bark, brought into any town by Penalty for

land is sold and delivered, unless otherwise' agreed to by selling wood

' ° . or. bark before

the purchaser, before it is measured by a sworn measurer, gnrvey.

and a ticket signed by him and given to the driver, stat-
ing the quantity the load contains, the name of the
driver, and the town in which he resides, such wood or
bark shall be forfeited, and may be libeled and disposed
of according to law.

3. All cord wood, brought by water into any town for t,roughtby
sale, shall be corded on the wharf or land, on which it is water, shall be
1 , , . , . • 1 • v^ I, i. • J.- measured, &c.
landed, in ranges, making up in height what is wanting

in length ; then it shall be so measured and a ticket given ^^^' § 3-
to the purchaser, who shall pay the stated fees ; and no
such wood shall be carried away by any wharfinger or
carter, before it has been so measured, under a penalty
of one dollar for every load.

4. Every person, carrying any firewood from a wharf

vf D ./ Ticket stating

or landing for sale, shall be furnished by the owner or quantity and
seller of it with a ticket stating the quantity and name of name of driv-
the driver ; and if such firewood is carried away without ^^ '^^ '
such ticket, or any driver refuses to exhibit such ticket
to any sworn measurer on demand, or does not consent
to have the same measured, if in the opinion of the meas-
urer the ticket certifies a greater quantity of wood than
the load contains, such wood shall be forfeited, and may
be seized, and libeled by said measurer according to law.

5. When any wood, bark, or charcoal, is sold by the p^^aity for
cord, foot, or load, which is stowed in such a manner as fraudiUent
to prevent the surveyors from examining the middle of s^°^^°®-
the load, and it appears on delivery, that it was stowed n>id-§5.
with a fraudulent intent of obtaining payment for a greater
quantity than there was in fact, the seller or owner thereof

shall pay ten dollars for the use of the county, with
costs of prosecution.

576 WOOD, BARK, CHARCOAL.

CHARCOAL.

6. Any charcoal brought into town for sale, may be

How charcoal measured and sold by the cord or foot, eStunating the

mS andsoid! ^^^^ ^^ ninety-si:^ bushels, when the purchaser and seller

may agree to the same ; and the measurers before named

shall be measurers of charcoal also.

Coal bas]j;ets to '^' ^^^ baskets for measuring charcoal brought into a

be sealed; di- towu for sale, shall be sealed by the sealer of the town

Ibid. §7. where the person using them usually resides, and shall

contain two bushels and be of the following dimensions,

viz. ; nineteen inches in breadth in every part thereof,

and seventeen inches and a half deep, measuring from

the top of the basket to the highest part of the bottom ;

and in measuring charcoal for sale the basket shall be

well heaped.

8. Whoever measures charcoal for sale, in any basket
Penalty, of Icss dimensions, or not sealed, shall forfeit, for each

Ibid ^8 offence, five dollars.

, 9. The municipal officers of towns may appoint some

lawful bas- suitable person to seize and secure all the baskets used
kets. foj. measuring coal, not according t© the provisions hereof.

10. If any measurer of wood, bark, or charcoal, neglects
fusLgtogi^e ^^ refuses to give to the owner or purchaser a certificate
ceitiflcate, &c. of the contents of any load, he shall forfeit five dollars
Ibid. §10. for each offense ; and all the penalties herein before pro-

vided, may be recovered by action of debt or complaint,
one-half to the town where the offence is committed, and
the other to the prosecutor.

Ordinances.
1 . There shall be chosen annually by the city couii-

Measurers of . ./././

firewood and cil ill coiiventioii, two Or morc measurers of fire- wood
chosen. ^^ . and bark, brought into the cjty for sale, who shall be
« ^ ^ ,.„„ sworn to the faithful performance of their office, and

Rev. Ord., 1868. ^ '

shall hold their office durino^ the municipal year, and

To be sworn. mi • i • i i i

until others are appointed in their stead, unless sooner

Vacancies to be removed by vote of the city council. In case of a

^^^^^' vacancy in said office by resignation, removal or

otherwise, the city council shall proceed to fill the

same by a new election for the residue of the year.

WOOD, BARK, CHARCOAL. 577

2. In order to prevent competition in the survey of Measurement
firewood and bark, this department shall be divided two\randies
into two branches, one of which shall embrace the o'f wood and
survey of all firewood and bark brought into the city bark brought
on carts, wagons or sleds, and the other shall embrace ^^ &c^* ^
the survey of firewood and bark brought by water or ^^ same by
railroad conveyance ; and each measurer shall be road,
independent of the other, and shall attend personally ^^^^^^''Sf ^'
and exclusively to the duties of that branch of the tncts.
survey to which he is chosen. In order still further ^g^g' ^^d Rev.
to prevent competition, the number of measurers of ^^d., ises.
firewood and bark, brought into the city by water or

railroad conveyance, shall be limited to two, and the
city shall be divided into two districts for the measure-
ment of the same, to each of which districts one
measurer shall be designated ; and all wood and bark
brought as aforesaid into either district, shall be
measured as provided in section three of this ordi-
naiitee, exclusively by the measurer appointed to said
district. So much of the city as lies westerly of a
line drawn through the centre of Wilmot street, to
Congress street ; thence through the centre of Con-
gress to Exchange street ; thence through the centre
of Exchange to Long wharf, and including Long
wharf, shall constitute district number one ; and so
much as lies to the easterly of said lines shall consti-
tute district number two. The measurer first elected
by the city council shall be the measurer for district
number one, during the municipal year, unless the
district of each measurer shall be designated at the
time of said election.

3. It shall be the duty of each measurer carefully Duties of meas-
and accurately to measure all firewood and bark which '^^^^•

, , .1.1,/. ^®^- O^" 1868.

he may be requested to measure m . his branch of

survey, on payment of the fees allowed for such ser- t^ g^^g tickets

vice, and deliver to the driver, or person havinfir the certifying

, ^ measure, &c-

care of the w^ood or bar^:, a ticket under his hand for

578

WOOD, BARK, CHARCOAL.

To keep record
of tickets
issued.

To make annu-
al report to
city council.

Teams with
wood or bark
not to stand in
street longer
than ten min-
utes.

Ibid.

Cattle not to he
fastened to
post, &c.

Teams not to be
fed.

Wood not to be
unloaded or
piled in mark-
et.

Penalties.
Ibid.

each load he may measure, certifying in words at
length, written in ink, the quantity the load contains,
with the name of the driver, or person having the
charge of the wood or bark, and the town in which
he resides. Each measurer shall keep an accurate
record of all tickets by him issued, in a book to be
by him provided and kept for that purpose, and shall
report annually, to the city council, the number of
cords of firewood and bark measured by him during
the preceding year, and the amount of fees received
therefor.

4. No team having firewood or bark for sale, shall
be suffered to stand in any street, alley, square, or
other public place, for a longer time in any one day,
than ten minutes, nor shall the driver of any team
which has brought firewood or bark as aforesaid, hitch
or fasten his cattle to any post, tree, or fence, in any
street or lane ; nor shall any driver of such team feed
his cattle, or sufier the same to be fed, in any street ^
alley, square, or other public place ; nor shall any
person unload or pile any firewood or bark upon or
within the wood market, if any.

5. Every person ofiending against any of the pre-
ceding sections, or unreasonably neglecting to perform
any of the duties therein required, shall forfeit and
pay, for the use of the city, a sum not less than five
dollars for each offence.

Mayor and
aldennen to
appoint per-
son to seize
charcoal bas-
kets.

Ibid.

CHARCOAL.

6. The mayor and aldermen may annually appoint
one or more suitable persons to seize and . secure all
baskets used for measuring charcoal that shall not be
of the dimensions prescribed by the laws of the State,
and to prosecute all persons who shall be guilty of a
breach of said laws.

Work Houses,

[See Revised Statutes, 1871, cliapter 21, and title, "Pacpees."

City of Portland,

IK THE YEAR ONE THOUSAND EIGHT HUNDRED AND EIGHTY-ONE.

AN ORDINANCE IN RELATION TO THE REVISED
ORDINANCES.

Be it ordained by the may or ^ aldermen^ and com-
mon council of the city of Portland, in city council
asseynhled, as follows :
The ordinances ^E^* 1* -^^ ^^^ Ordinances printed and contained
in this book in the preceding pao:es, that is to say, in a certain

declared to be o i. o ' •/ ^

the ordinances book prepared and printed under the direction of
of theci?y. Benjamin F. Andrews, Charles J. Chapman, Holman
S. Melcher, Edward Duddy and Samuel Thurston,
a committee duly appointed and authorized for that
purpose by a vote of the city council of the city of
Portland, approved on the seventh day of April in
the year eighteen hundred and eighty, and under the
further direction of Charles J. Chapman, Edward B.
Winslow, Holman S. Melcher, Edward Duddy and
Samuel Thurston, a committee duly appointed and
authorized to supervise the completion of the work of
preparing, printing and binding said book, by a vote

CITY OF PORTLAND. 581

of the City Council of the city of Portland approved
on the fifteenth, day of March in the year eighteen
hundred and eighty-one, shall be deemed and are
declared to be ordinances of the said city, and shall
have the force thereof.

Sec. 2. All orders, ordinances and parts of orders Repeal of in-
and ordinances, inconsistent with any of the preced- orJiinan^s.
ing ordinances, are hereby repealed.

Sec. 3. The repeal of the preceding section shall
not aftect any act done, or any rio^ht accruino^ or having of

•^ , . ' . • ,. nghts accrued,

accrued, or established, or any suit or proceeding suits pending,
had or commenced in any civil case before the time *^*
Avhen such repeal shall take effect, nor any offence com-
mitted, nor any penalty or forfeiture incurred, nor any
suit or prosecution pending at the time of such repeal,
for any offence committed or for the recovery of any
penalty or forfeiture incurred, under any of the provi-
sions so repealed and in all cases where any provisions
of the preceding ordinances made are to go into oper-
ation at any time hereafter, the corresponding pro-
visions, if any, of the said repealed ordinances or
orders shall continue in force until the said new pro-
vision shall go into operation ; subject, however, to
any express regulations relating thereto which may
be contained in the preceding ordinances ; and no
ordinance, order, or part of an ordinance or order
which has been heretofore repealed, shall be revived
by the repeal in the preceding section.

Sec. 4. All copies of the revised ordinances, not „

^ ' How copies of

otherwise disposed of, shall be deposited with the revised ordi-
city clerk, subject to the direction and control of the ^krpt,^&c"
city council, and shall be on sale at such price as
shall be determined by the mayor and aldermen.

Sec. 5. Every member of the city council shall copies for city
be entitled to one copy of the revised ordinances. council.

582 CITY OF PORTLAND.

In Board of Mayor and* Aldermen, ]
December 5, 1881. J

Read twice and passed to be engrossed, and sent down for
concurrence.

Attest: H. I. ROBINSOX, Cleric,

In Common Council, 1

December 5, 1881. J

Read twice and passed to be engrossed in concurrence.

Attest: L. CLIFFORD WADE, Cleric,

In Board of Mayor and Aldermen, 1
December 5, 1881. J

Read and passed to be ordained and sent down for concurrence.
Attest: Wm. SENTER, Mayor.

In Common Council, 1

December 5, 1881. J

Read and passed to be ordained in concurrence.
Attest: SAMUEL THURSTON,

President of Common Council,

Approved, December 6, 1881.

Wm. SENTER, Mayor,

APPENDIX.

EULES AND OEDEES

BO^RD

MAYOR AND ALDERMEN,

Section 1. The mayor or in his absence the chairman of the
board, shall take the chair at the hour to which the board
adjourned, and shall call the members to order ; and a quorum
being present, shall cause the minutes of the preceding meeting
to be read. In the absence of the mayor and chairman, the
board shall elect a chairman jpro temjpore.

Section 2. He shall preserve decorum and order; may speak
to points of order in preference to other members ; and shall
decide all questions of order, subject to an appeal to the board
by motion regularly seconded ; and no other business shall be in
order till the question on the appeal is decided.

Sections. He shall declare all votes; but if any member
doubts a vote, the chairman shall cause a return of the members
voting in the affirmative and in the negative, without debate.

Section 4. He may read sitting, but shall rise to state a motion
or put a question.

Section 5. On all questions and motions whatsoever, the chair-
man shall take the sense of the board by yeas and nays, provided
any member shall so request.

586 APPENDIX.

Section 6. He shall propound all" questions in the ord^r in
which they are moved, unless the subsequent motion shall be
previous in its nature ; except in naming sums and fixing times,
the largest sum and the longest time shall be put first.

Section 7. After a motion is stated or read by the chairman, it
shall be deemed to be in possession of the board, and shall be
disposed of by vote.

Section 8. When a question is under debate, the chairaian
shall receive no motion but to adjourn, lay on the table, to post-
pone to a day certain, to commit, to amend, or to postpone
indefinitely ; which several motions shall have precedence in the
order in which they stand arranged. A motion to postpone
indefinitely shall not be renewed during the same session ; and a
motion to strike out the enacting clause of an ordinance shall be
equivalent to a motion to postpone indefinitely.

Section 9. The chairman shall consider a motion to adjournas
always in order except on immediate repetition : and that motion,
and the motion to lay on the table, or take from the table, shall
be decided without debate.

Section 10. When a vote is passed, it shall be in order for
any member to move a reconsideration thereof at the same, or
the next stated meeting, but not afterward, except on papers
returned from the mayor ; and when a motion of reconsideration
is decided, that vote shall not be reconsidered.

Section 11. Every member, when about to speak, shall rise
and respectfully address the mayor or chairman ; confine himself
to the question under debate, and avoid personalities. Xo
member shall speak out of his place without leave.

Section 12. Xo member speaking shall be interrupted by
another, but by a call to order, or to correct a mistake.

Section 13. Every member who shall be present when a ques-
tion is put, shall give his vote, unless the board shall excuse
him ; application to be so excused, on any question, must be
made before the board j^ divided, or before the calling of the
yeas and nays, and such application shall be decided without
debate.

Section 14. Every motion shall be reduced to writing, if the
chairman shall so direct, or any member request it.

RULES OF MAYOR AND ALDERMEN. 587

Section 15. Any member may require the division of a ques-
tion, when the sense will admit of it.

Section 16. Motions and reports may be committed and re-
committed at the pleasure of the board.

Section 17. A motion for commitment, until it is decided,
shall preclude all amendments of the main question.

Section 18. When a vote is doubted, the members for and
against the question, when called on by the chairman, shall rise
and stand till they are counted.

Section 19. The folio win«: standino^ committees of the board
shall be appointed, viz :

Committee on agency for sale of intoxicating liquors, committee
on drains and sewers, each to consist of three members of the
board.

Committee on health, committee on police, committee on
licenses, each to consist of the mayor and two members of the
board.

Committee on damages for grading streets, to be composed of
the mayor and the members of the joint committee on highways
on the part of this board.

All committees, unless otherwise provided for, shall be
appointed by the mayor or chairman.

Section 20. Committees of the board to whom any matter is
specially referred, shall be required to report within four weeks
or ask for further time.

Section 21. The foregoing rules shall not be dispensed with
unless two-thirds of the members present consent thereto, nor
shall any rule or order be amended or repealed, without notice
in writing Keing given at the preceding meeting, nor unless a
a majority of the board vote thereto.

Section 22. The city clerk shall keep minutes of the votes and
proceedings of the board of aldermen, board of mayor and
aldennen, conventions of the two boards, and notice reports,
petitions, memorials and other papers which are presented. He
shall record at length, in a jouraal provided with an index, all
orders, ordinances, resolutions or reports, which are passed or
accepted by the board, or in concurrence. He shall draw up and
transmit all messages to the board of common council, unless the
aldermen otherwise direct.

JOIH'T EULES AlfD OEDEES

CITY COUNCIL

Section 1. At the commencement of the municipal year the
following joint standing committees shall be appointed, viz :

On Accounts , to consist of one alderman and two members of
the common council, in accordance with the ordinance.

On Finance^ to consist of the maj^or, two aldermen, and
three members of the common council, in accordance with the
ordinance.

On Public Buildings, to consist of the mayor, one alderman,
and three members of the common council, in accordance with
the ordinance.

On Streets, Sidewalks and Bridges, to consist of two aldermen
and three members of the common council.

On Laying out JSfeio Streets, to consist of the mayor, two
aldermen, and three members of the common council, in accord-
ance with the ordinance.

On Unimproved Real Estate, to consist of two aldermen, and
three members of the common council.

On Cemeteries and Public Grounds, to consist of one alder-
man and three members of the common council, in accordance
with the ordinance.

JOINT RULES OF CITY COUNCIL. 589

On Salaries, to consist of three aldermen and three members
of the common council.

On Fire Department, to consist of two aldermen and three
members of the common council.

On Street Lamps, to consist of one alderman and three mem-
bers of the common council, in accordance with the ordinance.

On Judicial Proceedings and Claims, to consist of the mayor,
two aldermen, and three members of the common council.

On Engrossed Bills, to consist of one alderman and three
members of the common council.

On Bells and Clocks, to consist of one alderman and three
members of the common council.

On Public Instruction, to consist of two aldermen and three
members of the common council.

The mayor shall be ex-officio chairman of any joint committee
of which he is a member.

The members of the board of mayor and aldermen and of the
the common council, who shall constitute the joint standing
committees, shall be chosen or appointed by their respective
boards, and the member of the board of aldermen first named on
every joint committee (of which the mayor is not a member)
shall be its chairman, and in case of absence or inability the
member of the common council first named shall be its chairman,
and after these the member of the board of aldermen, and after
him the member of common council first in order, shall call
meetings of the committee and act as chairman.

Section 2. In every case of disagreement between the two
branches of the city council, if either board shall request a con-
ference and appoint a committee of conference, the other board
shall also appoint a committee to confer ; such committee shall,
at a convenient time meet and state to each other, verbally or in
writing, as either shall choose, the reasons of their respective
boards, for and against the matter in controversy, confer freely
thereon, and report to their respective branches.

Section 3. The reports of all committees, whether by ordinance,
resolves, or otherwise, shall be made to the board in which the
business referred originated; and no report shall be received
unless agreed to in the committee actually assembled.

590 APPENDIX.

Section 4. Each board shall transmit to the other all papers
on which joint action may be necessary, and when either board
shall non-concur with the action of the other respecting any
order, ordinance, or resolution, notice of such non concurrence
shall be given by indorsement on such paper. All papers on their
passage between the boards shall be under the signatures of their
respective clerks, except ordinances and joint resolutions in their
last stage, which shall be signed by the presiding officers.

Section 5. Either board may propose to the other a time to
which both boards shall adjourn.

Section 6. All by-laws passed by the city council shall be
termed "ordinances," and the enacting style shall be : "Be it
ordained by the mayor, aldermen and common council of the city
of Portland, in city council assembled."

Section 7. In all votes of commayid^ the form of expression
shall be" ordered ;" and of opinions, principles, facts, or purposes,
the form shall be "resolved."

Section 8. All ordinances shall be prefixed by a title briefly
stating the subject matter of the same, and have two several
readings before they are finally passed. No ordinance or order
imposing penalties, or authorizing the expenditure of money, or
authorizing a loan shall have its second reading on the same day,
if ^ve members object.

Section 9. No ordinance or resolution shall pass to be engrossed
without being twice read. All ordinances or resolutions having
been engrossed, shall be referred to the committee on engrossed
bills. No ordinance shall be enacted, or resolve finally passed,
until reported correctly and truly engrossed.

Section 10. After the annual order of appropriations shall have
been passed, no subsequent expenditures shall be authorized for
any purpose, unless provision for the same shall be made by
specific transfer from some of the appropriations contained in
such annual order, or by expressly creating therefor a city debt.
No transfer from any appropriation shall be made, and no city
debt shall at any time be created, unless the order authorizing
the same shall pass by a vote of two-thirds of the whole number
of each branch, voting by yeas and nays.

JOINT RULES OF CITY COUNCIL. 591

Section 11. Each committee having in charge the expenditure
of money, during this municipal year, shall report to the city
council at the fii'st meeting of each alternate month, or at the
next meeting thereafter, the amount of money expended during
the preceding two months ; also the amount of bills, as nearly
as practicable, remaining unpaid.

Section 12. In all contracts or expenditures to be made under
the authority of the city council, whenever the estimates shall
exceed the appropriations especially made therefor, or whenever
any committee or officer shall have expended the sum especially
appropriated for their use in the order of appropriation for the
year, and in either case shall require a further sum, it shall be
the duty of such committee or officer having such matter in
charge, to submit the same to the city council for instructions,
before such contract is made, or any expenditure for the object
is incurred.

Section 13. It shall be the duty of every committee, to which
an}' subject may be refeiTcd, to report thereon within four weeks,
or at the next reo^ular meetinor.

Section 14. No chairman of any committee shall approve any
bill or account against the city, not authorized by the committee.

Section 15. The salary of each subordinate city officer shall
be fixed annually by the concurrent action of both boards ; and
after being once fixed, shall not be increased during the time for
which they are elected.

Section 16. The approval in writing of a majority of the
members of any and all joint standing committees shall be
necessary upon all bills referred to such committee or committees
before the same shall be paid or considered valid.

Section 17. Xone of the foregoing joint rules and orders shall
be suspended or repealed unless two-thirds of the members
present consent thereto.

EXILES AJSTD ORDEES

COMMOI^ COUI^CIL

DUTIES AND POWERS OF THE PEESIDENT.

Section 1. The president shall take the chair precisely at the
time appointed for the meeting, call the members to order, cause
the roll to be called, and on the appearance of a quorum cause
the minutes of the preceding meeting to be read, and proceed to
business.

Section 2. He shall preserve decorum and order; may speak
to points of order in preference to other members, but shall not
speak to any other question while in the chair. He shall decide
all questions of order, subject to an appeal to the council, by
motion regularly seconded, and no other business shall be enter-
tained until the question on the appeal shall be decided.

Section 3. He shall declare all votes. If a vote is doubted,
the question shall be determined without debate, by members
standing in their places until counted.

Section 4. He shall rise to address the council or to put a
question, but may read sitting.

Section 5. In all cases the president may vote.

Section 6. When the council shall determine to go into a
committee of the whole, the president shall appoint the member
who shall take the chair. He may at any time call a member to
the chair, but such substitution shall not continue beyond an
adjournment.

RULES OF COMMON COUNCIL. 593

Section 7. On all questions and motions whatsoever, the
president shall take the sense of the council by yeas and nays,
provided one-fifth of the members present shall so require.

Section 8. The president shall propound all questions in the
order in which they are moved, unless the subsequent motion
shall be previous in its nature, except that in naming sums and
fixing times, the largest sum and the longest time shall be put
first.

Section 9. When a question is under debate, no motion shall
be received but to adjourn, to lay on the table, for the previous
question, to postpone to a day certain, to commit, to amend, or
to postpone indefinitely ; which several motions shall have pre-
cedence in the order in which they are arranged. A motion to
postpone indefinitely shall not be renewed during the same
session. A motion to strike out the enacting clause of an ordi-
nance shall be equivalent to a motion to postpone indefinitely.

Section 10. A motion to adjourn shall be considered as always
in order, except on an immediate repetition ; and that motion,
and the motion to lay on the table, shall be decided without
debate.

Section 11. Upon the motion for the previous question being
made and seconded by a majority, the president shall put the
question in the following form : " Shall the main question now
he putf and all debate upon the main question shall be suspended
until the motion for the previous question shall be decided.
After the adoption of said motion, the sense of the council shall
l)e forthwith taken upon all pending amendments, and then upon
the main question.

Section 12. Xo debate shall be allowed on a motion for the
previous question. Neither is it susceptible of amendment. All
questions of order, arising incidentally thereon, must be decided
"without discussion, whether appeal be had from the chair or not.

Section 13. AVhen two or more members rise to speak at the
same time, thie president shall name the member who is entitled
to the floor.

Section 14. All committees shall be appointed by the president,
unless otherwise provided for.

594 APPENDIX.

Section 15. When a member is about to speak, he shall rise
in his place, and respectfully address the president, confine him-
self to the question under debate, and avoid personalities.

Section 16. No member speaking shall be interrupted by
another, but by a call to order, or to correct a mistake.

Section 17. ]N"o member shall speak more than twice on one
question. at the same meeting, without leave of the council.

Section 18. When a vote has passed, it shall be in order for
any member to move a reconsideration thereof at the same or
the succeeding meeting, but not afterward, except on papers
returned from the mayor. If made at the same meeting, a
majority of the members present may reconsider, but if not
made until the succeeding meeting, the subject shall not be
reconsidered unless a majority of the whole council shall vote
therefor ; and when a motion for reconsideration is decided, that
vote shall not be reconsidered.

Section 19. When any member shall be guilty of a breach of
either of the rules and orders of the council, he may, on motion
be required to make satisfaction therefor, and shall not be allowed
to vote, or speak, except by way of excuse, until he has done so.

Section 20. Every member present when a question is put,
shall give his vote, unless the council, for special reasons, shall
excuse him ; application to be so excused must be made before
the council is divided, or before the calling of the yeas and nays,
and decided without debate.

Section 21. Every motion shall be reduced to writing, if the
president shall so direct.

Section 22. Any member may require the division of a ques-
tion when the sense will admit of it.

Section 23. A motion for commitment, until it is decided,
shall preclude all amendments of the main question.

Section 24. All questions relating to priority of business to be
acted upon, shall be decided without debate.

Section 25. The seats shall be occupied in the following order :
Members from ward one, first on the left hand of the president,
and members from other wards in regular rotation according to
the number of their ward.

RULES OF COMMON COUNCIL. . 595

Section 26. Xo member shall call another by name in debate,
but may alhide to him by any intelligible or respectful designation.

Section 27. If the reading of any paper is called for, and any
member ol>jects thereto, it shall be decided by the council. No
member shall withdraw from the council room without leave
unless there be a quorum left present at the board. Members
shall not leave their places on an adjournment until the president
has declared the council adjourned.

Section 2S. All papers addressed to the council shall be pre-
sented by the president, or a member in his place, indorsed with
the name of the member presenting it, and shall be read by the
president, clerk, or such other person as the president may
request ; and shall be taken up in the order in which they are
presented, except when the council shall otherwise determine :
Provided that any petition, memorial, remonstrance, or other
paper of like nature requiring reference to a committee, shall be
indorsed upon the back with the first name and the number of
signers, and the object of the paper, and may be read by each
indorsement unless otherwise ordered.

POWERS AND DUTIES OF COM3nTTEES, ETC.

Section 29. The rules of the council shall be observed in
committee of the whole, as far as they are applicable. A motion
to rise, report progress, and ask leave to sit again, shall be first
in order, and shall be decided without debate.

Section 30. Xo committee shall sit during a session of council
without leave.

Section 31. All committees chosen by ballot, or consisting of
one or more from each ward, shall organize at their first meeting
l)y the choice of a chainnan, and report the same to the council.
In all cases where the president appoints a committee, unless
otherwise provided for, the member first named shall be chair-
man, and in his absence the member next in order, who shall be
present, shall be chainnan jpro tempore.

Section 32. All select committees of the council shall consist
of three members, unless otherwise ordered.

596 APPENDIX.

Section 33. No report of any committee shall be received
unless agreed to in committee assembled.

Section 34. Committees of the council to which any matter is
referred, shall report thereon within four weeks, or at the next
regular meeting.

DUTIES OF CLEKK, ETC.

Section 35. The clerk shall keep a minute of the votes and
proceedings of the council, and enter the same in a journal
provided with an index. He shall record at length all accepted
reports of select committees of the council ; shall draw up and
carry to the board of mayor and aldermen all messages, unless
the council shall otherwise direct. He shall cause the members
to be notified at the time of the meetings by the messenger. In
the absence of the president he shall call the council to order,
and preside until a president jpro tempore is chosen.

Section 36. No rule or order of the council shall be suspended
unless two-thirds of the members present consent thereto, nor
shall any rule or order be altered or repealed without notice of
such alteration being given in writing at a preceding meeting, or
unless a majority of all the members of the council vote therefor.

OA.T-A.LOGUE

aOVERNMEJSTT

CITY OF POKTLAND,

IN CHRONOLOGICAL ORDER OF THEIR SERVICE,

FROM ITS

IlsrSTITUTIO]^',
AprH, 1833, to March, 1881.

OATALOG-TJE

CITY GOVERNMENT

FROM 1832 TO 1881.

VOTES FOR MAYOR AT THE SEVERAL ELECTIONS HELD FROM

1832 TO 1881.

1832— (1st trial.)
Emerson,
Richardson,
Clapp,
ChurchiU,

Total,

Emerson,
Churchill,
Scattering,

(2d trial.)

621
278
333
Ul

1374

737
699

Total, 1442

[Emerson resigned before the year
expired, and Jonathan Dow was el-
ected to fill the vacancy.]

1833.

Jonathan Dow,

Anderson,

Scattering,

Total,

Cutter,
Anderson,

Total,

1834.

709

783

1492

1232
885

2067

1835,

Cutter,
Harris,

Total,

Cutter,
Clapp,

Total,

Cutter,
Boody,
Scattering,

Total,

Cutter,
Mitchell,

Total,

1836,

1837,

1838.

964

558

1522

962
1942

940

380

1414

1245
985

2230

600

APPENDIX.

1839.

Cutter,
Clapp,
Scattering,

Total,

1044

686
12

1742

1840, (Ist trial).
Greely,
Cutter,

497
509

Southgate,
Scattering,

702
9

Total,

1717

(2d trial.)

Total,

Churchill,
Cutter,
Southgate,
Scattering,

Total,

[No choice.
Churchill.]

Churchill,
Anderson,
Scattering,

Total,

(2d trial.)

1527

577
269
787

1671

The city council elected

1842.

863

963

1849

Greely,
Anderson,
Cutter,
Scattering,

Total,

Greely,
Anderson,
Cutter,
Scattering,

1848, (1st trial.)

(2d trial.)

691

904

311

1918

547

745

240

Total, 1568

[There being no choice the city coun-
cil elected Greely.]

Cutter, 776

Southgate, 700

Scattering, - 105

1844, (1st trial.)

Greely,

771

Total, 1581

Emery,

583

[No choice. Mr. Cutter was elected

Appleton,

458

by city council.]

Scattering,

Total,

1822

1841, (1st trial.)

Churchill, 710

(2d trial.)

Southgate, 680

Greely,

855

Scattering, 137

Greeuough,

598

Scattering,

Total,

Greely,

Clapp,

Scattering,

Total,

(2d trial.)

1467

1845, (1st trial.)

Greely,

Clapp,

Winslow,

817
666
316

Scattering,

1818

950

636

1592

CATALOGUE OF CITY GOVERNMENT.

601

Greely,
Holden,
Adams,
Scattering,

Total,

Greely,
Holden,
Scattering,

Total,

Greely,

Wells,

Scattering,

1846, (1st trial.)

(2d trial.)

1847,

Total,

764

515

514

1799

941

849

1796

1018

687

1725

1848, (1st trial.)

Greely, 811

Howard, " 720

Scattering, 116

Total, 1647

[Of the scattering, 93 for Clapp.]

(2d trial.)

Greely,
Howard,
Clapp,
Scattering,

Total,

(1849, 1st trial.)
Cahoon,
Clapp,
Scattering,

Total,

922

715

103

1753

957

1016
95

(2d trial.)

Cahoon, 1066

Clapp, 1022

Scattering, 84

Total, 2182
[There being no choice, Cahoon was
elected by the city council.]

1850.

Cahoon,
McCobb,
Scattering,

Total,

1851, (1st trial.)

Neal Dow,
Shepley,
Noyes,
Scattering,

Total,

Dow,

Shepley,

Scattering,

Total,

Dow,

Parris,

Scattering,

(2d trial.)

1852.

IjotaL

Cahoon,

Dow,

Fox,

Fessenden,

Scattering,

1853.

1013

674

1710'

1184

972

225

2386

1331
975

149^

1900^

Total,

1313

353

611

75-

2511

602

APPENDIX.

1854.

Cahoon,

Dow,

Scattering,

Total,

Dow,

McCobb,

Scattering,

Total,

McCobb,

Willis,

Scattering,

Total,

Willis,

Cummings,

Scattering,

Total,

Jewett,
Sliepley,
' Scattering,

Total,

Jewett,
Holden,
Scattering,

Total,

Howard,

Jewett,

Scattering,

Total,

1855.

1856.

1857.

1858.

1859.

1860.

1590

1487
34

3111

1894

1819

3742

2115

1837

3955

1861.

Thomas,
Howard,
Scattering,

Total,

Thomas,

McLellan,

Scattering,

Total,

McLellan,

Carroll,

Scattering,

Total,

1964 McLellan,
1547 Carroll,
3 Scattering,

3514

1757

1490

3390

2017

1812

3833

2420

2323

4759

Total,

McLellan,

Sturdivant,

Scattering,

Total,

Stevens,

Shurtleff,

Scattering,

Total,

Stevens,
Shurtleff,
Scattering,

Total,

1862.

1863.

1864.

1865.

1866,

1867.

2431

2281
9

4621

1821

1687

3514

2166

1950

4137

1941

805

2753

1765

689
505

2959

2029
934
192

31c

1903

755

2660

CATALOGUE OF CITY GOVERNMENT.

603

1868, (1st trial.)

McLellan,
Putnam,
Deering,
Scattering,

Total,

McLellan,
Putnam,
Deering,
Scattering,

2405

(2d trial.)

179
9

4835

2712

2629

289

Total, 5634

[No choice. The city council elected
McLellan.]

Putnam,

Drummond,

Scattering,

Total,

Kingsbury,

Putnam,

Scattering,

Total,

Kingsbury,
Emery,
F. Fox,

Scattering,

Total,

Kingsbury,
Cleaves,
Morgan,
Scattering,

Total,

Wescott,

Cleaves,

Scattering,

Total,

1869.

1870.

1871.

1872.

1873.

2241

2096

4343

2468

2245

4727

2317

1932

4297

2051

1668

314

4051

2142
1725

1874.

Wescott,

Sturtevant,

Scattering,

Total,

Richardson,

Wescott,

Scattering,

Total,

Fessenden,

Richardson,

Scattering,

Total,

Butler,

Richardson,

Scattering,

Total,

Buttler,
Walker,
Turner,
Scattering,

Total,

Walker,

Senter,

Scattering,

Total,

Senter,

Fox,

Scattering,

Total,

Senter,
Andrews,
Ames,
Scattering,

1875.

1876.

1877.

1878.

1879.

1880.

1881.

3871 1 Total,

1910

1387

3306

2463

1992

4499

3239

2719

5961

2711

2116

4831

2544

2364

138

6064

2942

2841

5844

3354

2117

6484

2732

2075

49ia

CATALOGUE

1832.

MAYOR.

ANDREW L. EMERSON.*

ALDERMEN.

Ward 1.— Thomas Hammond,
2.— John Williams,
3. — John Patten,
4. — Charles Mussey,

Ward 5.— Seth Bird,

6. — ^Nathan Cummings,
7. — Ebenezer Webster.

COMMON COUNCIL.

SAMUEL FESSENDEN, President.

Ward 1. — Samuel Eessenden,
James Mountfort,
Ansyl Clark.

2. — William Cammett,
Daniel Winslow,
John T. Walton.

3. — Moses Hall,

Eliphalet Greely,
George Jewett.

4. — David Dana,

John W. Appleton,
Simeon Hall.

Ward 5. — Oliver Everett,
Isaac Smith,
Elisha Trowbridge.

6. — George Bartol,

William Cutter, Jr.,
James B. Cahoon.

7. — Job Randall,
Isaac Sparrovr,
Ezra Holden.

Charles Harding, Clerk.

* Resigned previous to expiration of office, and Jonathan Dow was chosen
to fill the vacancy, December 31, 1832.

CATALOGUE OF CITY GOVEENMENT.

605

1833.

MAYOR.

JOHN ANDERSON.

ALDERMEN.

Ward 1.— Ansyl Clark,

2. — John Williams,

3. — Moses Hall,

4. — Simon Greenleaf,

Ward 5. — ^Nathaniel Shaw,
6.— Charles Q. Clapp,
7.— William T. Vaughan.

COMMON COUNCIL.

DANIEL WINSLOW, President-

Ward 1. — James Mountford,

William W. Thomas,
Staph. Frothingham.

2.-— George W. Pierce,
Daniel Wtnslow,
David Burbank.

3.— Eliphalet Greely,
Thomas Warren,
Moses Plummer.

4. — Simeon Hall,

Andrew P. Mason,
Thomas Chadwick.

Ward 5. — Thomas Bolton,
Jeremiah Leavett,
Nathaniel Hamlin,

6. — ^Martin Gore,

Benjamin Larrabee,
George Bartol.

-Ezra Holden,
James Townsend,
Robert Knight.

Benjamin C. Fernald, Clerk.

Ward 1.— Phillip Greely,

2. — William Cammett-,
3. — Thomas Warren,
4. — John Purington,

1834.

MAYOR,

LEVI CUTTER,

aldermen,

Ward 5. — Alpheus Shaw,

6. — James B. Cahoon,
7.— WiUiam T. Vaughan.

COMMON COUNCIL.

ELIPHALET GREELY, PREsroENT.

Islands. — John Starling.
Ward 1. — Steph. Frothingham,
James Mountfort.

2. — Lemnel Dyer, 2d,
Marshal French,
Charles M. Davis.

3.— Eliphalet Greely,
Moses I. Plummer,
Benj. Knight.

4. — Thomas Chadwiqk,
Simeon Hall,
Andrew P. Mason.

Ward 5. — Joseph Noble,
Asa Hanson,
Edward D. Preble.

6. — ^Benjamin Larrabee,
Nathaniel Warren,
John Dow.

7.— Ezra Holden,
Alden Pierce,
Nathaniel Hasty, Jr.

Charles Harding, Clerk.

606

APPENDIX.

1835.

MAYOR.

LEVI OJTTER.

ALDERMEN.

Ward 1.— Phillip Greely,

2. — William Cammett,
3. — Thomas Warren,
4. — John Purington,

Ward 5. — John Fox,

6. — James B. Cahoon,
7. — Nathaniel Ilsley.

COMMON COUNCIL.

ELIPHALET GREELY, PRESroENT.

Ward 1. — Steph. Frothingham,
James Mountfort.

2. — Marshall French,
Hosea Harford,
Seba Smith.

3.— Eliphalet Greely,
Benjamin Knight,
Samuel Chase.

-Thomas Chadwick,
Nathaniel Sweetsir,
Benjamin Ilsley.

Ward 5. — Asa Hanson,

Edward D. Preble,
Phineas Varnam.

6. — Oliver B. Dorrance,
Henry B. Hart,
Solomon H. Mudge.

7. — James Hall,

Nathaniel Hasty,
Ira Bradford.

Charles Harding, Clerk.

1836.

MAYOR.

LEVI CUTTER.

aldermen.

Ward 1.— Phillip Greely,

2.— Wm. W. Woodbury,
3. — Charles M. Davis,
4. — Mark Harris,

Ward 5. — Asa Hanson,

6. — James B. Cahoori,
7. — William T. Vaughan.

COMMON COUNCIL.

PHINEAS VARNUM, President.

Ward 1. — James Mountfort,

Steph. Frothingham.

-Enoch Moody,
William Capen,
William Robinson.

3. — Charles Rogers,
Benj. Knight,
William Boyd.

Jr.

-Samuel Hale,
Horace Ward,
Freeman Bradford.

Ward 5. — Phineas Varnum,
John Edmond,
Elisha Trowbridge.

6. — Oliver B. Dorrance,
Henry B. Hart,
Seth Paine, Jr.

7. — ^Nathaniel Hamblin,
Ira Bradford,
James Hall.

Charles Harding, Clerk.

CATALOGUE OF CITY GOVERNMENT.

607

i8a7.

MAYOR.

LEVI CUTTER.

ALDERMEN.

Ward 1.— Steph. Frothingham,
2. — Eleazer Wyer,
3. — Charles Rogers, Jr.
4.— Charles C. Mitchell,

Ward 5. — Asa Hanson,

6.— James B. Cahoon,
7.— Albert Smith.

COiniOX COUNCIL.

JOHN D. KINSMAN, President.

Ward 1. — James Mountfort,

Joseph R. Thompson.

2. — Enoch Moody,
Charles Blanchard,
William Capen.

3.— William Boyd,

Thomas Cummings,
Nathaniel Ellsworth.

4,— Andrew T. Dole,
Rufus Read,
James L. Merrill.

Ward 5.— John D. Kinsman,
Elisha Trowbridge,
Winslow H. Purinton.

6. — Oliver B. Dorrance,
Ezra F. Beal,
John L. Meserve.

7. — Nathaniel Hamblin,
Ira Bradford,
Stephen W. Eaton.

Charles Harding, Clerk.

1838.

MAYOR.

LEVI CUTTER.

ALDERMEN.

Ward 1. — Steph. Frothingham,
2. — Eleazer Wyer,
3.— Eliphalet Greely,
4.— Charles C. Mitchell,

Ward 5. — George Clark,

6. — Oliver B. Dorrance,
7.— Albert Smith.

COMMON COUNCIL.

JOHN D. KINSMAN, PREsroENT.

Ward 1. — James Mountfort,
George Pearson,
Simeon Skillings.

2.— William Capen,
William Robinson,
Hall J. Little.

3.— William Boyd,

Thomas Cummings,
John B. Cross.

4. — Charles Kimball,
Ebenezer Owen,
George Worcester.

Ward 5. — John D. Kinsman,
Elisha Trowbridge,
Charles Davidson.

6. — John L. Meserve,
Nathaniel F. Deering,
Clement Pennell.

7.— Stephen W. Eaton,
Alfred Randall,
Samuel Elder.

Charles Harding, Clerk.

608

APPENDIX.

1839.

MAYOK.

LEVI CUTTER.

ALDERMEN.

Ward 1.— Stepli. Frotbmgham,
2. — Eleazer Wyer,
3. — Eliplialet Greely,
4.— Charles C. MitcheU,

Ward 5. — George Clark,

6. — Nathaniel F. Deering,
7. — Joseph Howard.

COMMON COUNCIL.

ELISHA TROWBKIDGE, President.

Ward 1.

2.-

-George Pearson,
Joshua B. Osgood,
Simeon Skillings.

-William Robinson,
Hall J. Little,
Alexander Hubbs.

3.— William Boyd,

Thomas Cummings,
Charles E. Barretts

4. — Charles Kimball,
Ebenezer Owen,
George Worcester.

Ward 5. — Elisha Trowbridge,
St. John Smith,
Nahum Libby.

6. — Clement Pennell,
Nathaniel Blanchard,
William E. Greely.

7.— Stephen W. Eaton,
Alfred Randall,
John Sweetsir.

Charles Harding, Clark.

1840.

mayor.

LEVI CUTTER.

aldermen.

Ward 1. — Joshua B. Osgood,
2.— Hall J. Little,
3.— William Boyd,
4. — John Purinton,

Ward 5.— Joseph M. Gerrish,

6. — Nathaniel F. Deering,
7. — Joseph Howard.

common council.
CHARLES E. BARRETT, President.

Ward 1.

2.-

-Harrison Brazier.
Ezekiel Thurston,
John Brackett.

-William Robinson,
Edward Fernald,
Joseph Brooks.

3.— Charles E. Barrett,
Seward Merrill,
Edmund Wiuship.

4.-

-Samuel Chadwick,
Henry B. Hart,
Joseph L. Kelly. •

Ward 5.— St. John Smith,
Nahum Libby,
Theophilus C. Hersey.

6. — Nathaniel Blanchard,
William E. Greely,
John B. Brown.

7. — Ira Bradford,

Joseph R. Mathews,
Levi Bolton.

Charles Harding, Clerk.

CATALOGUE OF CITY GOVERNIVIENT.

609

1841.

aiAYOR.

JAMES C. CHURCHILL.

ALDERMEN.

Ward 1. — Joshua B. Osgood,
2.— Hall J. Little,
3. — Samuel Chase,
4. — John Purinton,

Ward 5. — Joseph M. Gerrish,
6. — William Goodenow,
7. — Joseph Howard.

COMMON COUNCIL.

HENRY B. HART, President.

Ward 1. — Harrison Brazier,
Ezekiel Thurston,
John Brackett. *

2.— Edwin Fernald,
Joseph Brooks,
Ellas Mountfort.

3. — Edmund Winship,
William D. Little,
William C. Beckett.

4.— Henry B. Hari;,
Joseph L. Kelley,
George Worcester.

Ward 6.— St. John Smith,
Rufus Hort;on,
Eleazer McKinney.

6. — Nathaniel Blanchard,
John B. Brown,
Benjamin Larrabee.

7. — Levi Bolton,

Joseph R. Mathews,
Joseph S. Sargent.

Charles Harding, Clerk.

1842.

MAYOR.

JOHN ANDERSON.
aldermen.

Ward 1. — John Yeaton,
2. — John Williams,
3. — Samuel Chase,
4. — James Todd,

Ward 5.— Parker McCobb,
6. — James Appleton,
7. — Joseph Howard.

common council.
CHARLES HOLDEN, President.

Ward 1.— Samuel Clark,
Peter Mugford,
John Brackett.

2. — Charles Holden,
Benjamin Fogg,
John Dela.

3. — ^Edmund Winship,
William D. Little,
William C. Beckett.

4.— Eliphalet Clark,
George W. Smith,
Zenas Libbey.

Ward 5. — Henry Trickey,

William P. Stodder,
Byron Greenough.

6. — Charles Blake,

William W. Thomas,
Calvin Edwards.

7. — James Meserve,
William Budd,
Elisha Hasty.

John G. Sawyer, Clerk.

610

APPENDIX.

1843.

MAYOR.

ELIPHALET GREELY.

ALDERMEN.

Ward 1. — Jolin Yeaton,
2. — John Williams,
3. — Samuel Chase,
4. — Thomas R. Jones,

Ward 5. — Elisha Trowbridge,
6. — John Dow,
7. — Joseph Howard.

COMMON COUNCIL,

WILLIAM D. LITTLE, President.

Ward 1. — Judah Chandler,
John B. Hudson,
Islands. — John Brackett.

2. — Benjamin Fogg,
Edward Waite,
Ebenezer C. Stevens.

3.— William D. Little,
William Hammond,
Nathan Chapman.

4. — George W. Smith,
Zenas Libby,
Abel M. Baker.

Ward 5.— Byron Greenough,
William P. Stodder,
Hanson M. Hart.

6. — Calvin Edwards,
Clement Pennell,
Alvah Conant.

7.— William Budd,
Alvah Libby,

John G. Sawyer, Clerk.

1844.

MAYOR.

ELIPHALET GREELY.

ALDERMEN.

Ward 1. — Steph. Frothingham,
2. — John Williams,
3. — Samuel Chase,
4. — Thomas R. Jones,

Ward 6. — Elisha Trowbridge,
6. — John Dow,
7.— Stephen W. Eaton.

COMMON COUNCIL.

WILLIAM D. LITTLE, President.

Waird 1. — Judah Chandler,
John B. Hudson,
Islands. — Charles York.

"" 2. — ^Ebenezer C. Stevens,
Edward Waite,
Samuel R. Leavitt.

3.— William D. Little,
Edmund Winship,
William Hammond.

4. — Abel M. Baker,
Henry B. Hart,
Benjamin Ilsley, Jr.

Ward 5. — Hanson M. Hart.
W. C. Osborne,
Wm. E. Edwards.

6. — Alvah Conant,
Clement Peuuell,
Rufus Horton.

7. — Alvah Libby,
Daniel Brazier,
Lewis J. Sturtevant.

S. B. Beckett, Clerk.

CATALOGUE OF CITY GOVERNMENT.

611

1845.

MAYOR. "^

ELIPHALET GREELY.

ALDERMEN.

Ward 1.— Steph. Frothingham,
2. — James C. Churchill,
3.— Charles E. Barrett,
4. — Thomas R. Jones,

Ward 5.— Elisha Trowbridge,
6. — William Goodenow,
7. — George F. Shepley.

COMMON COUNCIL.

WILLIAM D. LITTLE, President.

Ward 1.— George Pearson,
Joseph Hay,
Franklin C. Moody,

2. —William E. Kimball.
Solomon Crockett,
Josh. W. Waterhouse,

3.— William D. Little,
William Hammond,
Joseph R. Thompson.
•

4. — ^Benjiman Ilsley, Jr.
Henry B. Hart,
Joseph L. Kelly.

Ward 5.-

6.-

-Ezra Carter,
Freeman S. Clark,
Elbridge Tobie.

-Rufus Horton,
Horace V. Bartol,
Clement Pennell.

7.— Samuel Rolfe,
David J. True,
Jeremiah Proctor.

S. B. Beckett, Clerk.

1846.

MAYOR.

ELIPHALET GREELY.

aldermen.

Ward 1. — Harrison Brazier,
2. — John Yeaton,
3.— Charles E. Barrett,
4. — Edward Howe,

Ward 5.— Henry B. Hart,
6. — John Dow,
7. — ^P. Fox Vamum.

COMMON council.

WILLIAM D. LITTLE, President.

Ward 1.-

-George Pearson,
Joseph Hay,
Franklin C. Moody.

-Harris C. Barnes,
Hosea Hartbrd,
Solomon Crockett.

3.— William D. Little,
Joseph R. Thompson,
Reuben Kent, Jr.

4. — Benjamin Ilsley, Jr.
Solomon T. Corser,
Nahum Libby.

Ward 5.— Wm. E. Edwards,
Robert F. Green,
Thomas F. Tolman.

6. — Clement PenneU,
Rufus Horton,
Horace V. Bartol.

7. — George T. Hedge,
Samuel Rolfe,
Jeremiah Proctor,

John H. Williams, Clerk.

612

APPENDIX.

1847.

MAYOR.

ELIPHALET GREELY.

ALDERMEN.

Ward 1. — Harrison Brazier,
2. — Jona. 0. Bancroft,
3. — Samuel Chase,
4. — Edward Howe,

Ward 5. — Simon Merrill,

6. — Nathaniel F. Deering,
7. — P. Fox Varnum.

COMMON COUNCIL.

WILLIAM D. LITTLE, President.

Ward 1.

2.-

-George Pearson,
Franklin C. Moody,
Jacob T. Lewis.

-Hosea Harford,
Solomon Crockett,
Eliphalet Webster.

-William D. Little,
Reuben Kent, Jr.,
Alfred M. Dresser.

4. — Solomon T. Corser,
Edward Wheeler, Jr.,
Nathan Barker.

Ward 5. — George Worcester,
John Edwards,
(One vacancy.)

6. — Clement Pennell,
Horace Bartol,
Charles Baker.

7.— Moody F. Walker,
Samuel Rolfe,
James Meserve.

JoHN*H. Williams, Clerk.

1848.

MAYOR.

ELIPHALET GREELY.

ALDERMEN.

Ward 1. — Steph. Frothinghara,
2. — Lemuel Cobb, Jr.,
3. — Geo. W. Woodman,
4. — John Purinton.

Ward 5. — Byron Greenough,

6. — Nathaniel F. Deering,
7. — Edward Fox.

COMMON COUNCIL.

WILLIAM D. LITTLE, President.

Ward 1. — Jacob T. Lewis,
Elisha Hinds,
Abner Lowell.

2.— Rufus W. Thaxter,
Harris C. Barnes,
John C. Tukesbury.

8.— William D. Little,
Thomas Cummings,
Joseph R. Thompson.

4. — Solomon T. Corser,
Charles W. Child,
William E. Kimball.

Ward 5. — Hezekiah Winslow,
James T. McCobb,
Elbridge Tobie.

6. — James B. Cahoon,
Rufus Horton,
Martin Gore.

7. — Alvah Libby,
Peter Bolton,
Hiram Brooks.

John H. Williams, Clerk.

CATALOGUE OF CITY GOVERNMENT.

613

1849.

MAYOR.

JAMES B. CAHOON.

ALDERMEN.

Ward 1. — Robert Dresser,
2.— E. C. Stevens,
3.— W. W. Woodbury,
4. — John Purinton,

Ward 5. — S. R. Lyman,
6. — Alvah Conant,
7. — Edward Fox.

COMMON COUNCIL.

WILLIAM D. LITTLE, PREsroEXT.

Ward 1. — Joshua Dyer,

Daniel M. Thurston,
Peter Mugford.

2. — Moses Russell,
Hosea Harford,
James Crie.

3.— William D. Little,
Caleb S. Carter,
Thomas Cummings."

4.— William E. Kimball,
Joseph R. Lufkin,
Moses Merrill.

Ward 5. — ^Eleazer McKenney,
George Worcester,
Eli Webb.

6.— John Bradford,
Nathaniel O. Cram,
Edwin A. Norton.

7.— Alvah Libby,
Hiram Brooks,
Peter Bolton.

John H. Willlams, Clerk.

1850.

mayor.

JAMES B. CAHOON.

ALDER\rEX.

Ward 1.— Steph. Frothingham,
2.— E. C. Stevens,
3.— Charles E. Barrett,
4. — J. B. Cummings,

Ward 5. — S. R. Lyman,
6. — Alvah Conant,
7. — ^Edward Fox.

common COUNCIL.

WILLIAM D. LITTLE, President.

Ward 1.— Simeon Skillings, 3d,
Eliphalet Webster,
William G. Kimball.

2.-

-Hosea Harford,
James Crie,
Moses Russell.

3.— William D. Little,
Thomas Cummings,
Thomas Warren.

4. — Moses Merrill,

William E. Kimball,
Calvin Gilson.

Ward 5. — George Worcester,
Eleazer McKenney,
Charles Blake.

6.— N. O. Cram,
John Bradford,
Jedediah Jewett.

7.— Thomas W. O'Brien,
Hiram Brooks,
Nathan Mayhew.

John H. Willlims, Clerk.

614

APPENDIX.

1851.

MAYOR.

NEAL DOW.

ALDERMEN.

Ward 1. — Stepli. Frothingham,
2. — George Pearson,
3. — Samuel Chase,
4. — J. B. Cummings.

Ward 5. — Charles Jones,

6.— Wm. W. Thomas,
7. — Hiram Brooks.

COMMON COUNCIL.

Ward 1.

2.-

WILLIAM G. KIMBALL, President.

Ward 5. — James E. Robinson,
Veranus C. Hanson,

-Simeon Skillings, 3d.
William Hoit,
S. B. Beckett.

-William I. Cross,
Joseph R. Brazier,
Moses Russell.

-*Bradbury Dearborn,
Henry Nowell,
Daniel Plummer.

-Moses Merrill,
Joseph Ring,
William Cammett.

Hanson M. Hart.

6. — Jedediah Jewett,
John Bradford,
William G. Kimball.

7.— John W. Rand,
Nathaniel Walker,
• J. S. Palmer.

John H. Willia:ms, Clerk.

1852.

MAYOR.

ALBION K. PAERIS.

Ward 1. — ^Robert Dresser,
2. — George Pearson,
3.— W. P. Smith,
4. — James Furbish,

aldermen.

Ward 5.-
6.-

7.-

COMMON COUNCIL.

-Hezekiah Winslow,
-Jacob McLellan,
-J. S. I*almer.

CHARLES B. SMITH, President.

Ward 1. — John Chase,

John H. Short,
L. D. Mason.

2.— H. Bailey,
Joseph Hay,
J. R. Brazier.

3. — John Yeaton,
C. C. Harmon,
Charles Holden.

4. — Joseph Ring,
Calvin Gilson,
Charles D. Bearce.

Ward 5. — P. Fox Varnum,
Charles B. Smith,
Ezra Russell.

6. — Nathaniel Warren,*
Edwin Churchill,
Abiel Somerby,
Charles H. Haskell.

7.— John W. Rand,

Charles H. Lovejoy,
F. Seymour Nichols.

John H. Williams, Clerk.

^Resigned, and Mr. Haskell elected to vacancy.

CATALOGUE OF CITY GOVERNMENT.

615

1853.

MAYOR?

JAMES B. CAHOON.

ALDEKMEN.

Ward 1. — Samuel L. Carletoa,
2. — George Pearson,
3.— Geo. W. Woodman,
4.— Rufus E. Wood,

Ward 5.— O. L. Sanborn,
G.^Tacob McLellan,
7. — Jonas Perley.

COMMON COUNCIL.

Ward 1. — Emery Cashing,
Moses G. Dow,
Sewall MitcheU.

2. — Samuel Blanchard,
Joseph Hay,
Thomas P. Sweetsir.

3.— William E. Kimball,
William C. Means,
Daniel Green.

4. — Joseph Ring,
James Todd,
George Lord.

EDWARD P. GERRISH, President.

Ward 5.— Ezra Russell,

Albion Witham,
Charles B. Merrill.

6. — Rufus Horton,'
Nathaniel Ross,
Edward P. Gerrish.

7.— N. P. Cushman,
Marshall Rood,
Charles H. Green.

John H. Williams, Clerk.

18o4.

mayor.
JAMES B. CAHOON.

ALDERMEN.

Ward 1.— Samuel L. Carlton,
2. — Henry A. Jones,
3.— Geo. W. Woodman,
4.— Rufus E. Wood,

Ward 5.— O. L. Sanborn,
6. — N. Cummings,
7. — Hiram Brooks.

COiOION COLTfCIL.

HENRY C. BABB, President.

Ward 1. — Henry Robinson,
Sewall Mitchell,
Henry C. Babb.

2. — Samuel Blanchard,
Rufus Beal,
George W. Brown.

3.-

-Wm. C. Means,
N. J. Gilman,
Daniel Green.

4. — James Todd,
Joseph Ring,
James S. Marrett.

Ward 5. — Ezra Russell,

Charles B. Merrill,
Albion Witham.

6. — Daniel L. Choate,
George Worcester,
Augustus E. Stevens.

7.— Sewall C. Chase,
Charles H. Green,
Denney M. C. Dunn.

John T. Hull, Clerk.

61G

APPENDIX.

1855.

MAYOR.

NEAL DOW.

ALDERMEN.

Ward 1. — Samuel L. Carleton,
2. — Henry A. Jones,
3. — ^Joseph Libby,
4. — Joseph Ring,

"Ward 5. — S. J. Anderson,

6.— Wm. W. Thomas,
7. — ^Hiram Brooks.

COMMON COUNCIL.

HEZEKIAH PACKARD, President.

Ward 1. — Moses G. Dow,
Henry Robmson,
Joseph York.

2.— R. O. Webster,
Paul Hall,
George W. Brown.

3.-

-N. J. Gilman,
Wm. C. Means,
George P. Ayer.

4. — James Todd,

James S. Marrett,
Stephen Emerson.

Ward 5.— Eli Webb,

Ira P. Farrington,
Wm. P. Stodder.

6. — Daniel L. Choate,
John B. Carroll,
Hall J. Little.

7. — Hezekiah Packard,
Thomas Starbird,
Charles H. Green.

John T. Hull, Clerk.

1856.

MAYOR.

JAMES T. McCOBB.

ALDERMEN.

Ward 1.— S. R. Leavitt,
2. — J. R. Brazier,
3.— C. C. Harmon,
4.— R. E. Wood,

Ward 5. — S. J. Anderson,
6.— N. O. Cram,
7. — J. S. Palmer.

COMMON COUNCIL.

CHARLES HOLDEN, President.

Ward 1.

-D. W. Fessenden,
William V. Bowen,
Joshua F. Weeks.

2. — Joshua Dyer,
W. H. Purinton,
Charles H. Warren.

3. — Charles Holden,
Wm. D. Little,
J. W. Russell.

4. — Stephen Emerson,
James Todd, '
C. H. Adams.

Ward 5.— A. K. Shurtleff,

William P. Stodder,
I. P. Farrinerton.

-T. A. Roberts,
C. H. Haskell,
Hall J. Little.

7.— Willard Brackett,
C. H. Stuart,
Daniel Garland.

M. F. Whittier, Clerk.

CATALOGUE OF CITY GOVERNMENT.

617

1857.

MAYOR.

WILLIAM WILLIS.

ALDEKVIEN.

Ward 1.— S. R. Leavitt,

2. — D. W. Fessenden,
3.— N. J. Miller,
4.— R. E. Wood,

Ward 5. — E. Trowbridge,
6. — Rensalear Cram,
7. — Samuel E. Spring.

COMMON COUNCIL.

H. B. HART, President.

Ward 1.— William V. Bowen, Ward 5.— H. B. Hart,

J. F. Weeks, Nathaniel Walker,

Moses Gould. Henry Willis.

2. — Jonathan M. Heath,
Samuel Waterhouse, Jr.
Greorge M. Elder.

3.— Benjamin Fogg,
Francis Blake,
D. D, Akerman.

4. — James Todd,

Stephen Emerson,
C. H. Adams.

6.— Stephen Patten,
Frederick Hatch,
Aretus Shurtleff.

7.— J. N. Morrill,
L. B. Smith,
John P. Lowell.

M. F. Whittier, Clerk-

1858.

MAYOR.

JEDEDIAH JEWETT.

ALDERMEN.

Ward 1.— William V. Bowen,
2.— D. W*. Fessenden,
3.— N. J. Miller,
4. — James Todd,

Ward 5. — Mark P. Emery.
6. — E. McKenney,
7. — Samuel E. Spring.

COMMON COUNCIL.

LEWIS B. SMITH, President.

Ward 1.-

-Moses Gould,
Emerj' Cushing,
Georsre W. Beal.

2. — Jonathan M. Heath,
Samuel Waterhouse,
George M. Elder.

Jr.

4.-

-Benjamin Fogg,
Francis Blake,
D. 1). Akerman.

-C. H. Adams,
Stephen Emerson,
J. D. Seavy.

Ward 5.-

-Stevens Smith,
N. A. Foster,
J. S. Boothby.

-Frederic Hatch,.
A. Shurtlefl;
E. P. Banks.

-J. N. Morrill,
Lewis B. Smith,
Levi Weymouth.

J. T. Hull, Clerk.

618

APPENDIX.

1859.

MAYOR.

JEDEDIAH JEWETT.

ALDEmiEN.

Ward 1.— William Curtis,

2. — Daniel W. Fessenden,
3. — J. K. Thompson,
4, — James Todd,

Ward 5. — Mark P. Emery,

6. — Eleazer McKenney,
7. — Hiram Brooks.

COMMON COUNCIL.

LEWIS B. SMITH, President.

Ward 1.

-George W. Beal,
Emery Gushing,
William A. Winship,

-Gharles M. Plummer,
William G. How,
Samuel Waterhouse.

3.-^D. D. Akerman,

Samuel W. Larrabee,
William L. Alden.

4. — James D. Seavey,
B. F. Chadbourn,
Samuel S. Webster.

Ward 5. — Stevens Smith,
N. A. Foster,
John Lynch.

6-— William W. Thomas,
John W. Lane,
G. A. Ghurchill,

7. — ^Levi Weymouth,
Lewis B. Smith,
John W. Rand.

Gyrus Noavell, Clerk.

1860.

mayor.
JOSEPH HOWARD.

ALDERMEN.

'Ward L — Emery Gushing,
2.— J. W. Dyer,
3. — J. R. Thompson,
4. — Samnel Trask,

Ward 5.— Gharles P. Kimball,
6.— H. J. Libby, '
7.— J. S. Palmer.

common council.
O. M. MARRETT, President.

Ward 1. — George W. Beal,
George Trefethen,
H. G. Lovell.

2. — John Barbour,
E. D. Ghoate,
Samuel Rounds.

3.— S. W. Larrabee,
John Lynch,
Otis Cutler.

4.-

-W. L. Putnam,
Thomas Parker,
B. F. Chadbourn.

Ward 5.— E. G. Bolton,
Ezra Russell,
O. M. Marrett.

6.— William W. Thomas, ,
John W. Lane,
George A. Churchill.

R. M. Richardson,
Simeon Shurtleff,
Gharles H. Stuart.

D. H. Ingraiiam, Clerk.

CATALOGUE OF CITY GOVERNMENT.

619

1861.

MAYOR.

WILLLAjVI W. THOMAS.

ALDERMEN.

Ward 1. — Moses Gould,

2.— John E. Donnell,
3.— S. W. Larrabee,
i. — Samuel Trask,

Ward 5.— Charles P. KimbaU,
6. — Edward Hamblen,
7. — Levi Weymouth.

COMMON COUNCIL.

HENRY FOX, President.

Ward 1.— George Trefethen,

William A. Winship,
Daniel Brown.

2.— Dorvill Libby,

Charles H. Osgood,
Rufus Beal.

3. — John Lynch,
James Bailey,
John True.

-W. L. Putnam,
George H. Chadwick,
Sewell Waterhouse.

Ward 5. — Orland M. Marrett,
Gardner Ludwig,
Charles W. Strout.

6. — Thomas A. Roberts,
Henry Fox.
Benjamin Stevens, Jr.

7. — Jonathan H. Fletcher,
Risworth Rich,
William H. Stewart.

Ira J. Batchelor, Clerk.

1862.

MAYOR.

WILLLOI W. THOMAS.

ALDERMEN.

Ward 1.— Moses Gould,
2.— R. C. Webster,
3.— S. W. Larrabee,
4. — William L. Putnam,

Ward 5.— A. K. Shurtleff,

6. — Thomas R. Jones,
7.— D. H. Furbish.

COMMON COUNCIL.

HENRY FOX, President.

Ward 1.— William A. Winship,
Increase Pote,
Daniel Brown.

2.— C. H. Osgood,
Rufus Beal,
Dorville Libby.

3. — James Bailey,
John True,
Charles Holden.

4.— George H. Chadwick,
James McGlinchy,
Sewall Waterhouse.

Ward 5. — Gardner Ludwig,
E. H. Da^'ies,
Henry Trickey.

6. — Henry Fox,

Benjamin Stevens, Jr.
T. E. Twitchell.

Ward 7.^William H. Stewart,
Samuel E. Spring,
J. H. Fletcher.

Ira J. Batchelor, Clerk.

620

APPENDIX.

1863.

MAYOR.

JACOB McLELLAN.

ALDERMEN.

Ward 1. — George W. Beal,
2.— F. C. Moody,
3.— S. W. Larrabee,
4. — Benjamin Larrabee, 2d,

Ward 5. — Stevens Smith,
6.— F. G. Messer,
7.— William H. Stewart.

COMMON COUNCIL.

THOMAS E. TWITCHELL, President.

Ward 1. — Increase Pote,
William Brown,
J. D. Snowman.

2.— S. Whitmore,
Henry L. Paine,
Samuel Waterhouse.

3.. — Charles Holden,
John True,
James Bailey.

4. — James McGlinchy.
J. H. Harmon,
C. H. Fling.

Ward 5.— Gilbert L. Bailey,
Edmund Phinney,
George L. Storer.

6.-

-T. E. Twitchell,
J. II. Hamlen,
T. E. Stewart.

7.— 0. K. Ladd,

Joseph Johnson,
Brown Thurston.

Ira J. Batchelor, Clerk.

1864.

mayor.

JACOB McLELLAN.

ALDERMEN.

Ward 1.— George W. Beal,

2. — Franklin C. Moody,
3. — John E. Donnell,
4. — John G. Hayes,

Ward 5. — Stevens Smith,
6.— F. G. Messer,
7.— Wm. H. Stewart.

COMMON COUNCIL.

JAMES H. HAMLIN, President

Ward I. — Increase Pote,
Wm. Brown,
J. D. Snowman.

2.-

-S. Whittemore,
Jere Howe,
Wm. G. Soule.

3. — John T. Gilraan,
C. H. Burr,
Cyrus Nowell.

4. — A. P. Morgan,
C. A. Gilson,
Edwin Clemens.

Ward 5.— G. L. Storer,

Gilbert L. Bailey,
Edmund Phinney.

6.— J. H. Hamlen,
T. E. Stewart,
Eben Corey.

7.— C. K. Ladd,

Joseph Johnson,
Brown Thurston.

Ira J. Batchelor, Clerk.

CATALOGUE OF CITY GOVERXMEXT.

621

1865.

MAYOR.

JACOB McLELLAN,

ALDERMEN.

Ward 1.— Thomas S. Jack,

2. — Stephen Whitteraore,
3. — John E. Donnell,
4.— A. P. Morgan,

Ward 5. — ^Edmund Phinney,
6.— Wm. Ia Southard,
7. — George F. Foster.

COMMON COUNCIL.

GILBERT L. BAILEY, President.-

Ward 1. — Joseph S. York,
Charles Bailey,
John J. Gerrish,

2. — Jere Howe,

George G. Soule,
C. M. Rice.

3. — Cyrus No well,
C. H. Burr,
Daniel Pluramer.

4. — Charles A. Gilson,
W. C. Robinson,
Joseph Bradford.

Ward 5.— Gilbert L. Bailey,

Thomas F. Cummings,
A. P. Fuller.

6.— Eben Corev, "

E. P. Gerrish,
Charles Staples, Jr.,

7. — Ambrose Giddings,

F. W. Clark,
John M. Brown.

Ira J. Batchelder, Clerk.

1866.

MAYOR.

AUGUSTUS E. STEVENS.

ALDERMEN.

Ward 1.— Thomas S. Jack,

2. — Stephen Whittemore,
3. — Charles Holden,
4. — A. P. Mororan,

Ward 5. — Edmund Phinney,
6.— Wm. L. Southard,
7. — Ambrose Giddings.

COM3ION COUNCIL.

CHARLES M. RICE, President.

Ward 1.-

J. J. Gerrish,
J. S. York,
J. W. Brackett.

2— C. M. Rice,

D. W. Fessenden,
S. H. Colesworthy,

3. — Daniel Plummer,
J. B. Mathews,
Augustus D. Marr.

4.— C. A. Gilson,
W. C. Robinson,
Joseph Bradford.

Ward 5.— A. P. Fuller,
Wm. Gray,
W. P. Files.

6.— E. P. Gerrish,

Charles Staples, Jr.,
C. R. Milliken.

7.— F. W. Clark,
Wm. H. PhilUps,
Elias Chase.

Ira J. Batchelor, Clerk.

622

APPENDIX.

1867.

MAYOR.

AUGUSTUS E. STEVENS.

ALDERMEN.

Ward 1. — Russel Lewis,

2. — Charles M..Rice,
3. — Wm. Deeringj
4.— C. A. GHson,

Ward 5. — Gilbert L. Bailey,
6. — Thomas Lynch,
7. — Ambrose Giddings.

COMMON COUNCIL.

FRANKLIN FOX, President.

Ward L-

-H. H. Burgess,
J. S. Winslow,
James Knowlton.

2.— S. H. Colesworthy,
Franklin Fox,
George W. Green.

3.— J. B. Mathews,
Albert Smith,
J. A. Thompson.

4. — Wm. C. Robinson,
Joseph Bradford,
J. C. Shirley.

Ward 5. — Wm. Gray,
W. P. Files,
A. D. Marr.

-C. R. Milliken,
A. P. Fuller,
Frederic N. Dow.

7. — Elias Chase,
W.U. Phillips,
Wm. E. Gould.

F. A. Gerrish, Clerk.

1868.

MAYOR.

JACOB McLELLAN.

aldermen.

Ward 1. — Russell Lewis,
2. — Samuel Rounds,
3. — ^William Deering,
4. — Ezra Carter, Jr.

Ward 5. — Albert Maverick,

6. — Francis Fessenden,
7.— William E. Gould.

COMMON COUNCIL.

GEORGE A. WRIGHT, President.

Ward 1.-

-Henry H. Burgess,
Jacob S. Winslow,
James Knowlton.

2.— John W. Swett,
Michael Lynch,
William Goold.

3. — John A. Thompson,
Albert Smith,
James Noyes.

4. — James H. Harmon,
George H. Chad wick,
Charles McCarthy, Jr.

Ward 5. — Augustus D. Marr,
Joseph K. Merrill,
Marquis F. King.

6.— Fred N. Dow,

George A. Wright,
Charles E. Jose.

7. — John F. Leavitt,
Cullen C. Chapman,
William A. Winship.

F. A. Gerrish, Clerk.

CATALOGUE OF CITY GOVERNMENT.

623

1869.

MAYOR.

WILLIA3I L. PUTNAM.

ALDERMEN.

Ward 1.— William Curtis,
2. — Samuel Rounds,
3. — Daniel Plummer,
4. — Ezra Carter,

Ward 5. — George P. Wescott,
6.— Ge6rge A. Wright,
7.— Sewall C. Strout. •

COMMON COUNCIL.

JAMES H. HARMON, President.

Ward 1. — Charles Merrill,
Johu H. Gaubert,
. John O.* Rice.

2.— John W. Swett,
William Gould,
James Quinn.

3. — James Noyes,
Eben A. Sawyer,
Joseph H. Coffin.

4. — James H. Harmon,
Charles McCarthy, Jr.
Edward H. Daveis.

Ward 5.— Robert B. Henry,

Joseph M. Plummer,
George A. Walden.

6. — Charles E. Jose,
Richard O. Conant,
Frederick Fox.

7. — James M. Kimball,
Henry Thing,
Paschal B. Bailey.

George L. Swett, Clerk.

1870.

MAYOR.

BENJAJMIN KINGSBURY, JR.

ALDERMEN.

Ward 1. — William Curtis,

2.— Timothy B. Tolford,

3. — ^William Senter,

4. — Charles McCarthy, Jr.

Ward 5. — George P. Wescott,
6. — James Bailey,
7. — William A. Winship.

COMMON COUNCIL.

FREDERICK FOX, President.

Ward 1.

-Charles Merrill.
John O. Rice,
James Cunningham.

2. — William H. Simonton,
John W. Swett,
Francis B. Barr.

3. — Lorenzo Taylor,

William P. Hastings,
Joseph F. Laud.

4. — Edward H. Daveis,
Leander Stevens,
Orrin S. Fogg,

Ward 5. — George H. Waldron,
Abner O. Shaw,
Charles B. Nash,

6. — Richard O. Conant.
Frederick Fox,
Isaac Jackson.

7. — John F. Leavett,
Charles C. Tolman,
James E. Haseltine.

Benjamin Barnes, Jr. Clerk.

624

APPENDIX.

1871.

BENJAMIN KINGSBURY, JR.

Ward 1. — Charles Merrill.

2. — William H. Simonton,

3. — William Senter,

4. — Charles McCarthy, Jr.

ALDERMEN.

Ward

5. — Marquis F. King,

6. — Eben Corey.

7. — William A. Winship.

COUNCIL COUNCIL.

JAMES E. HAZELTINE, President.

Ward 1.-

-James Cunningham,
John H. Gaubert,
Charles Stanwood.

2.— John W. Swett,
William McAleney,
Eugene F. Austin.

3. — Charles Holden,

William H. Josselyn,
Samuel S. Rich.

4. — Edward H. Daveis,
Orrin S. Fogg,
Seth C. Gordon.

Ward 5. — Abner O.Shaw,
Micah Sampson,
Lyman N. Kimball. ,

6. — Isaac Jackson,

William H. Fesseuden,
Edwin Clement.

7.— Charles C. Tohnan,
James E. Haseltine,
Frederick W. Clark.

Benjamin Barnes, Jr., Clerk.

1872.

MAYOR.

BENJAMIN KINGSBURY,

JR.

aldermen.

Ward 1.— Joseph S. York,

2.— George C Littlefield,
3. — William H. Josselyn,
4. — Charles McCarthy, Jr.

Ward 5. — Marquis F. King,
6. — Eben Corey,
7. — William A. Winship.

COMMON COUNCIL.

WILLIAM H. FESSENDEN, President.

Ward 1.— John F. Randall,
Henry P. Dewey,
Edward N. Greely.

2.— Edward Thurston,
Augustus F. Cox,
Hiram H. Rich.

3.— Samuel S. Rich,
William L. L. Gile,
Alphonso Brunei.

4. — Edward H. Daveis,
John Yeaton,
Tho mas A. Foster.

Ward 5. — Micah Sampson,

Lyman N, Kimball,
Ezra N. Perry.

6. — ^Edwin Clem cut,

William H. Fesseuden,
Henry C. Newhall.

7. — Frederick j\{ . Clark,
Stephen R. Small,
Chauncy Barrett.

Benjamin Barnes, Jr., Clerk.

CATALOGUE OF CITY GOVERNMENT.

Q2o

1873.

MAYOR.

GEORGE P. WESCOTT.

ALDERMEN.

Ward 1.— Joseph S. York,
2._William Goold,
3. — Zemro A. Smith,
4.— Edward H. Davis,

Ward 5. — Micah Sampson,
6. — Edwin Clement.
7. — Frederick W. Clark.

COMMON COUNCIL.

STEPHEN R. SMALL, President.

Ward I.— John F. Randall,
EdvVard N. Greely,
Charles E. Trefethen.

2. — William McAleney,
Moses Y. Knight,
Angus J. McMahon.

3. — Edward Thurston,
Alphonso Brunei,
Oren B. Whitten,

4. — Samuel F. Merrill,
Harris W. Gage,
John S. Russell.

Ward 6.— Ezra N. Perry,
Stephen Marsh,
Thomas A. Roberts.

6. — Henry Fox,

Frederick F. Hale,
Payson Tucker.

7.-

-Stephen R. Small,
Daniel W. Nash,
William H. Green.

Benja:viin Barnes, Jr., Clerk.

1874.

MAYOR.

GEORGE P. WESCOTT.

ALDERMEN.

Ward 1. — John J. Gerrish,
2.— William Goold,
3. — Zemro A. Smith,
4. — Edward H. Daveis,

Ward 6. — Micah Sampson,
6. — Edwin Clement,
7. — Frederick W. Clark.

COMMON COUNCIL.

STEPHEN R. SMALL, President.

Ward 1.— Charles E. Trefethen,
William E. Dennison,
Rensselaer Greely. ,

2. — William McAleney, •
Augustus J. McMahon,
Leonard Pennell.

3. — ^Edward Thurston,
Alphonso Brunei,
Oren B. Whitten.

4. — Samuel F. Merrill,
Hanno W. Gage,
David D. Hannegan.

Ward 5. — Ezra N. Perry,
Stephen Marsh,
Thomas A. Roberts.

6. — Henry Fox,

Frederick F. Hale,
Lemuel M. Lovejoy.

7.— Stephen R. Small,
Daniel W. Nash,
William H. Green.

Benjamin Barnes, Jr., Clerk.

626

APPENDIX.

1875.

MAYOK,

ROSWELL M. RICHARDSON.

ALDERMEN.

Ward 1. — John J. Gerrish,

2.— John B. Littlefield,
3.' — Afphonso Brunei,
4. — Hanno W. Gage,

Ward 5. — Ezra N. Perry,
6. — Henry Fox,
7. — Samuel Waterhouse.

COMMON COUNCIL.

FKEDERICK F.

Ward 1. — Renssalaer Greely,

William E. Dennison,
Horace H. Shaw.

2. — James Cunningham,
Augustus J. McMahon,
Leonard Pennell.

3. — John Cammett,

William W. Roberts,
Lyman W. Cousens.

4.-

-David D. Hannegan,
John S. Russell,
Isaac D. Cushman.

HALE, President.

Ward 5. — Charles Walker,

James W. Plaisted,
George A. Harmon.

6.— Frederick F. Hale,
Lemuel M. Lovejoy,
Cyrus L. Gallison.

7 — William T. Small,
Albert Q. Leach,
Harrison B. Brown.

Benjamin Barnes, Jr., Clerk.

1876.

MAYOR.

FRANCIS FESSEKDEN.

aldermen.

Ward 1. — Renssalaer Greely,
2.— John B. Littlefield,
3. — ^Lorenzo Taylor,
4. — Isaac D. Cushman.

Ward 5. — Ezra N. Perry,
6. — Henry Fox,
7. — Samuel Waterhouse.

COMMON council.

WILLIAM T. SMALL, President.

Ward 1. — William E. Dennison,
James Knowlton,
John E. Noyes.

2. — James Cunnigham,
William H. Sargent,
John Gooding, Jr.

3. — Lyman M. Cousens,
John Cammett,
William W. Roberts,

4. — David D. Hannegan,
John S. Russell,
Benjamin F. Andrews.

Ward 5. — Charles Walker,
Stephen Marsh,
Nathan E. Redlon.

6. — Cyrus L. Gallison,
Benjamin C. Somerby,
Albion Little.

7.— William T. Small,
Albert Q. Leach,
Harrison B. Brown.

Benjamin Barnes, Jr., Clerk.

CATALOGUE OF CITY GOVERNMENT.

627

1877.

MAYOR.

MOSES M. BUTLER.

ALDERMEN.

Ward 1. — Renssalaer Greely,
2. — James Cuimingham,
3. — Alphouso Brunei,
4. — Isaac D. Cushman,

Ward 5.— Charles Walker,

6 — James E. Haseltine,
7.— WilUam T. Small.

COMMON COUNCIL.

ALBION LITTLE, President.

Ward 1. — James Knowlton,
John E. Noyes,
Edward H. Sargent,

Ward 2.— William H. Sargent,
John Gooding, Jr.
George H. Coyle.

3 William W. Latham,

Albert Smith,
Robert L, Morse,

4. — Benjamin F. Andrews,
James L. Hayden,
Charles F. Swett.

Ward 6.— Nathan E. Redlon,
Hanson S. Clay,
Leonard Jordan.

6.— Albion Little,

Thomas H. Haskell,
James E. Sturges,

7. — Charles J. Chapman,
Sumner Libby,
Ashbel Chaplin.

L. Clifford Wade, Clerk.

1878.

mayor.

MOSfiS M. BUTLER.

ALDERMEN.

Ward 1.— Reuel S. Maxcy,

2. — James Cunningham,
3. — Alphonso Brunei,
4. — Isaac D. Cushman,

Ward 5. — Hanson S. Clay,

6. — James E. Haseltine,
7.— WiUiam T. Small.

COMMON COUNCIL.

CHARLES J. CHAPMAN, President.

Ward 1.— Edward H. Sargent,
Samuel Thurston,
laac Hamilton.

2.— George H. Coyle,
William Mclaugh,
Emery S. Ridlon.

3.— William W. Latham,
Albert Smith,
Robert L. Morse.

4. — Benjamin F. Andrews,
Dennis Tobin,
Charles F. Swett.

Ward 5. — Leonard Jordan,
James H. Hall,
Simon A. Dyer.

6.— Thomas H. Haskell,
James E. Sturgis,
Jacob W. Robinson.

Ward 7. — Charles J. Chapman,
Sumner Libby,
Ashbel Chaplin.

L. Clifford Wade, Clerk.
I

628

APPENDIX.

1879.

MAYOR.

GEORGE WALKER.

ALDERMEN.

Ward 1.— Albert H. Waite,
2. — James Cunningham,
3.— Albert Smith,*
4. — Benjamin F. Andrews.

Ward 5. — Hanson S. Clay,

6. — Perez B. Biirnham,
7.— William T. Small.

COMMON COUNCIL.

CHARLES J. CHAPMAN, President.

Ward 1. — Sumner Barbour,
Thomas H. Gately,
Nathaniel Haskell.

2. — George H. Coyle,
William Mclaugh,
George W. Rice.

3.— John C. Tukesbury,
Willard C. G. Carney,
George H. Abbott.

4, — Montgomery S. Gibson,
James E. Trickett,
John G. Fitzgerald.

Ward 5.— James H, Hall,
Simon A. Dyer,
Aurin L. Dresser.

6. — Jacob W. Robinson,
William M. Marks,
Charles D. J3. Fisk.

7. — Charles J. Chapman.
Sumner Libby.
Ashbel CJiaplin.

L. Clifford Wade, Clerk.

1880.

MAYOR.

WILLIAM SENTER.

ALDERMEN.

Ward 1. — ^Edward H. Sargent,
2. — Thomas Hassett,
3. — Lorenzo Taylor,
4. — Benjamin Andrews,

Ward 5. — John W. Deering,
6. — Albion Little,
7. — Charles J. Chapman.

COMMON COUNCIL.

CHARLES D. B. FISK, President.

Ward 1. — Samuel Thurston,
William G. Soule,
Richard K. Gatley.

2.— Edward Duddy,
Arthur H. Harding,
Daniel M. Mannix.

3.— John C. Tukesbury,
Willard C. G. Carney,
George H. Abbott.

4. — James E. Fickett,
Henry I. Nelson,
Edward A. Jordan.

* Died May 4th, Lorenzo Taylor elected May 19th, to fill vacancy.

Ward 5.— James H. Hall,
Jairus Talbot,
Whitman Sawyer.

6.— William M. Marks,
Charles D. B. Fisk,
Sylvester Marr.

7. — Holman S. Melcher,
Thomas J. Little,
William H. Pennell.

L. Clifford Wade, Clerk.

CATALOGUE OF CITY GOVERNMENT.

629

188]..

MAYOR.

WILLIAM SENTER.

HOSEA I. ROBINSON, City Clerk.

ALDERMEN.

CHARLES J. CHAPMAN, Chairman,

Ward L— Edward H. Sargent,
2. — Thomas Hassett.
3. — John C. Tukesbury.
4. — Edward B.Winslow,

Ward 5. — John W. Deering,
6. — Albion Little.
7. — Charles J. Chapman.

COMMON COUNCIL.

SAMLTEL THURSTON, President.

Ward 1. — Samuel Thurston,
William G. Soule,
Richard K. Gately.

2.— Edward Duddy,
John V. Bradley,
Robert M. Gould.

3. — Augustus H. Prince,
Horatio Clark,
Samuel B. Kelsey.

4. — Charles M. Cushman,
William McAleney,
John Sullivan, Jr.

Ward 5.-

- Whitman Sawyer,
Jarius Talbot.
James F. Hawkes.

6. — Sylvester Marr,
Thomas Shaw,
Charles D. Brown.

7. — Holman S. Melcher,
William H. Pennell,
Stephen B. Winchester.

L. Clifford Wade, Clerk.

City Clerks of Portland.

Names. Terms of Office.

Joseph Pope, - 1832, to 1841.

Albert Smith, 1842.

Amos Nichols, 1843.

William Boyd, - - - 1844, to 1855.

James Merrill, 1856.

WilUam Boyd, 1857, to 1859.

James Todd, 1860.

Jonathan N. Heath, 1861, to 1868.

George C. Hopkins, 1869.

Hosea I. Robinson, 1870, to 1881.

INDEX.

INDEX

ABSENTEES from school, provisions respecting, 432. See Traants.
ABUSED and neglected children. See Children, 110.
ACCOUNTS, committee on, 182. See Finance.
ACTIONS. See Elections, 169. •

See Fire Department, 190-192.

See Gunpowder, 224.

See Steam, 458.

See Streets, 468-474, 475.

See Taxes, 527-530.
ACTS, to confer certain powers on the city of Portland, 25.

anthorizing the city to aid in the construction of the Atlantic and
St. Lawrence Railroad, 363, 369, 379, 381, 384, 391.

to aid Portland and Ogdensburg Railroad Company, 391.

to incorporate Portland Gas Light Company, 212, 218, 220.

to incorporate Portland and Forest Avenue Railroad Company,
403, 409.

general railroad acts, 409, 410, 411.
ADULTERATED food or liquors not to be sold, 256.
AGENTS, For sale of liquor appointed, 47.

his legal status, 47, note.

compensation, 48.

duty, 48.

term, 48.

vacancy how filled, 48.

to sell to whom, 48.

bond of, 48.

certificate of, 48.

his liquors to be marked, 49.

his liquors not be seized, when, 49.

634 INDEX.

AGENTS, his adulterated liquors not protected, 49.

not to sell minors, or Indians, or soldiers, or some others, 49.

violating law how punished, 50.

to keep record of sales, 50.

penalty for not keeping record, 50.

penalty for false representations to, 50.

to purchase of State Commissioner, 50.

penalty for not so purchasing or for adulterating, 51.

disposal of funds — ordinance, 51.

to keep account with treasurer, 51.

• money received from, how appropriated, 51.

balance to credit of, 51.
AGREEMENT of city of Portland with Atlantic & St. Lawrence Railroad

Company, 386.
ALDERMEN,*oard of to consist of seven, 26.

shall not receive salary, 36.

to prepare list of voters, 157.

one in each ward to be elected, 32.

to be elected by ballot, 32.

to hold office for one year, 32.

shall examine copies of records of wards, 33.
. shall notify the mayor elect, 33.

oaths of office, 33.

shall choose a chairman, 34.

city clerk shall be clerk of the board, 36.

their duties. See City Charter, Carriages, Elections, Fire, Gun-
powder, Health, Jurors, Liquor Agent, Nuisances', Riots,
Streets.
ALLEYS. See Bowling Alleys, Streets.
ALMS HOUSES. See Paupers.
AMUSEMENTS, penalty for exhibition of without license, 53.

licenses and regulations for, 53. "

ANIMALS, certain, fast driving of in the streets prohibited, 489.

not to run at large, 489.

not to be frightened, 489.

not to go upon sidewalk, 489.

with wood for sale, not to be fed in street, 578.
APPEAL, for damages of laying new streets. See Streets.

to supreme court respecting drains, &c. See Drains and Sewers.

INDEX, 635

APPRENTICES, poor children may be bound out by overseers of poor, 331,

See Paupers.
APPROPRIATIONS, when expenditures exceed, notice to be given, 138.
AQUEDUCTS, pipes and conduits, in certain cases exempt from taxation, 513.
ASSEMBLIES, public, penalty for breaking up, 55.

egress from, 55.

duty of municipal oflScers, 55, 56, 57.
ASSESSMENT, See drains and sewers.
ASSESSORS, appointed by City Council 27, 28. See Taxes.

duties as to births and deaths, 120.
ASSIZE of Bread, 67.

ASSISTANT ASSESSORS, appointed by city council, 28.
ATLANTIC AND ST. LAWRENCE R. R. See Railroads.

wharves. See harbor of Portland and Wharv^es.
ATTACHMENT, of property which cannot be removed. See City Clerk, 122.

of vessels on stocks. See City Clerk, 123.
ATTORNEY, COUNTY. See Elections, 163.
AUCTION, goods not to be sold at on street without authority, 60.

lumber obstructing street to be sold at, 480.
AUCTIONEERS, to be licensed, 58.

record of license to be kept, 58.

appeal to county commissioners in case refusal to license, 58.

to keep account of goods sold, 59.

penalty for allowing one not a voter in town to act under, 59.

penalty for receiving goods of minors, 59.

as to sale of certain real estate, 59.

penalty for permitting any one to sell contrary to law, 59.

exceptions as to rules of officers, 60.

fines and special licenses, 60.

not to sell except in places assigned, 60.
AUDITOR, city, elected annually, 113. See Sinking Fund.

to give bond, 113.

case of death, &c., successor appointed, lU.

to examine vouchers, «S;c., 114.

to countersign drafts, 114.

committee on accounts to direct auditor, «S;c. 114.

to keep books, 115.

to examine all bills against city, &c., 115.

to make annual estimates and statement of expenditures, 115.

to open account with treasurer, 116.

636 INDEX.

AUDITOR, duty in case money is paid in advance, on contract, 114.

not over five hundred dollars to be paid without direction of commit-
tee on accounts, 114.

to examine sealed proposals, &c., 127.
AWNINGS, and SHADES. See Streets.
BACK COVE FLATS. See Streets, 498.
BALLAST not to be thrown into harbor, 231, 233.
BANKS, real estate of, where taxed, 520.

stock of, where taxeil, 520.,

cashier of, to exhibit books, 521.
BALLOT BOX, one only allowed. See Elections, 160.
BARK. See Wood.

BATHING, so as to be exposed to view, 456.
BELLS* See Carriages, 89.

ringing for false alarm of fire, 195.

of engines in Commercial Street, 184.
BILLIARD ROOMS, restrictions upon, 73.
BIRTHS, record of. See City Clerk, 119.
BLANK BOOKS AND STATIONERY, contracts for, 138.
BLASTING ROCKS. See Streets, 483.
BOARDS. See Lumber.
BOARD OF ENGINEERS. See Fire.
BOARD OF HEALTH, 256.
BOARD OF TRADE, may appoint pilots, 342.

and fix compensation, 342.
BOATS AND LIGHTERS, to be marked and inspected, 61,

penalty for using unmarked, or falsely, 61.

inspectors of, 61.

penalty for throwing ballast into any road from, 61.
BODY. See Health, 260, 274, 275. See Cemeteries, 93.
BOND, of agent for sale of liquor, 48.

of person licensed to keep bowling alley or billiard room, 54.

of weigher of hay, 570.

of collector of taxes, 525.
BONDS. See Finance, 184, 185.

See Railroads, 364, 367, 370, 389, 407.
BONFIRE. See Fire Department, 194.
BOOKS, for school children. See Schools, 439.

INDEX. 637

BOUNDARY LINES of Portland, 63.
perambulations of, 64.
monuments to be erected on, 64.
disputed, how settled, 64.
to be run once in ten years, 64.
BOW AND ARROW. See Streets, 484.
BOWLING ALLEYS and billiard rooms, license for, 53.
penalty for keeping without license, 63.
licenses, ho^?, granted, 54.
bond to be given, 54.
bond violated, license revoked, 64.
penalty for violation, 54.
BOXES. See Streets, 495,
BRAKEMEN. See Streets, 491.
BREAD, assize of, 67.
BRICKS, burning of, in parts of a town. See Fire Department.

kilns, prohibited by vote ; fine, 193.
BRIDGES, PRroES, 69.
Stroudwater, 69.

Vaughan's Bridge, original provisions of incorporation, 69.
became free bridge, 68.

draw, construction and regulation of, 70.
expense of building, how paid, 70. •

territorial limits, 71
Deering's Bridge, when laid out, 71.

Back Cove Bridge, original provisions of incorporation, 71.
location, restrictions, 72.
draw and piers, 72.
to be transferred to city, 72.
to be toll free, 72.

may be constructed for purposes of a draw, 72.
draw to be kept, 72.
vessels to pass free of expense, 72.
tax may be assessed for support of, 72.
Portland Bridge, incorporated, 73.
location, 73.
draw and piers, 73.
Vessels to pass free of expense, 73.
surrender to county, 73.
acceptance as a free bridge, 73.
side passage to Canal street to be built, 74.

638 INDEX.

BRIDGES AND WAYS, towns may raise money for repair of, as other taxes, 472.
BUILDINGS, demolishment of, at fires, 190. t

occupations of, by livery stable keeper, sailmakers, and riggers,
restrictions upon, 75.

penalty therefor, 75.

penalties for injuring or defacing, 76.

wooden, erection of, over 10 feet high, forbidden without permission
of mayor and aldermen, 77 .

wooden, cities may make by-laws respecting .their erection, 75.

penalty therefor, 75.

notice to be given of intention to build, 7G.

mayor and aldermen may cause numbers to be affixed to, 77.

penalty for numbering contrary to directions, 77.

cellar doors and platforms regulated, 77.

to be lighted when open at night, 78.

penalty for defacing, 78.

bills or posters not to be placed on, 79.

dangerous, to constitute a nuisance. See Nuisances, 317.

unsafe. See Assemblies.

erected and ,used for manufactures which cause offensive exha-
lations, 319.

for manufacture of gunpowder, 320.

not to Obstruct streets, 485.

not to be drawn or moved through streets without permit of mayor
and aldermen, 485,

bond to be given, 485.

remaining beyond time permitted, to be removed, &c. at expense of
the owner, 485.

snow and ice falling from, to be removed. See Public Buildings

and Streets, 497.
BURIALS. See Cemeteries, Health.
BURNED DISTRICT, rebuilding of, 416. See Title Rebuilding of Burned

District.
BURYING GROUNDS. See Cemetaries, Health.
BY-LAWS, enacting style, 325. See Charter.
CARRIAGES, drivers shall turn to the right, 80.

not to travel without a driver, 80.

not to obstruct the road, 80.

bells to be attached to horses with sleigh or sled, 80.

drivers shall not leave horses unfastened, 80.

INDEX. 639

CARRIAGES, cities may establish rules and regulations respecting, 80.

may annex penalties, 80.

hackney carriages defined. 81.

no person to set up, &c., without a license, 81.

no person to drive without a license, 81.

penalties, 81.

licenses to be granted, 82.

may be revoked, 82.

record of licenses to be kept by city marshal, 82.

one dollar to be paid for license, 82.

marshal to make report of, and pay over sum for licenses, 82.

when to expire and how transferred, 82.

license to be endorsed by clerk, 82.

who shall be liable for forfeiture, &c. , 82.

penalty for not ta'king out and paying for license, 82.

manner of marking and numbering, 83.

no other number to be used, 83.

carriage and horse not to be left except, &c., 83.

shall not stand except in place assighed. 83.
• shall not stop abreast of other carriages, 84.

shall not stop to obstruct streets, &c., 84.

driver shall wear badge, 84.
f runners shall not be employed, 84.

mayor may give directions for standing and route, 84.

rates of fare, 85. '

amount of baggage to be carried, 85.

carriages to be inspected, 86.

carriages not to be driven by a minor, unless, &c., 86.
Omnibuses, license for, may specify time of starting, 86.

not to start until five minutes after preceding one, 9>^.

stopping of regulated, 87.

shall not leave designated route, 87.
Trucks, wagons, drays, carts, hand-carts, sleighs, sleds and

HAND-SLEDS, to be liccnscd, 87.

not to be used without license, 87.

licenses to be granted for, 88.

may be revoked, 88.

fee for license, 88.

marshal to make report of, and pay over sum for same, 88.

when license shall expire, 88.

640 INDEX.

CARRIAGES, licerse to be endorsed by clerk, 88.

how licenses sliall be transferred, 88.

who shall be liable to forfeitures, 88.

penalty for using for unlawful purposes, 88.

paces at which horses shall go, 88.

persons licensed, to obey rales and regulations, 89.
Carriages in general, bells required when snow is on the ground, 89.

shall not stop so as to obstruct foot passengers, 89.

how trucks, &c., shall be placed, 90.

loading and unloading regulated, 90.
. stands may be assigned, 90.

carts, &c., to be placed near sidewalks, 60.

not more than one range to be placed in street, 91.

horses harnessed not to be fed on sidewalks, 91.

riding upon outside of carriages forbidden, 91.

driver forbidden to transport dead body, 91.
CARTS, regulated, 87.
CASHIERS, of banks to exhibit books, 521.
CASK. See Sidewalk, 495.
CATTLE, not to go at large, 489.
CELLAR DOORS, regulated. See Streets, 487.
CEMETERIES, penalty for injury to monuments in, 92.

may be enlarged on certain conditions, 93. ^

medical act of 1881, 93.

disposition of bodies under same, 93.

taxation, exemption of, 93. Note.

public from private, 93. Note.

city may make by-laws about Evergreen. Existing, ordinances made
valid, 42, 94.
Evergreen Cemetery, land, 94.

trustees, 95, 96.

superintendent, 97.

occupancy of lots, 97.

fund, 98.

account, 99.

burial on lots, 99.

lots, general directions, 100.

stones and monuments, 101.

trees, 101.

grades, 101.

INDEX. 641

CEMETERIES, care of lots, 102.

water, 102.

loaded teams prohibited, \03.

horses unfastened, 103.

noises prohibited, 103.

personal interest of oflScers in contract, 104.

transportation, IScc, of trustees,* 104.

undertakers, 104, 105.

perpetual care, 106.

description of. See City Clerk, 124.
Forest City Cemetery, land, 107. •

city treasurer to keep record, 107.

superintendent, 108.

committee authorized to enlarge, 108.

sale of lots, 108.

committee on cemeteries to be appointed, 108.

to have custody of cemeteries, promenades, &c., 109.

penalty for removing gravel from cemeteries or any public
ground, 109.
CERTIFICATE of agent for sale of liquor, 48.

of appointment of officers of fire department, 196.

of lunacy. See Lunatics, 301.

of inability to pay for support of lunatics, 302.

of marriage. See City Clerk, 118, 119.
See Schools, 436.
CHARCOAL. See Wood.
CHARTER. See City Charter.
CHECK LIST. See City Clerk, 125.

See Elections, 160, 163.
CHIEF ENGINEER. See Fire Department.
CHILDREN, abused and neglected, hearing on cases, 110.

duty of municipal officers, 110.

complaint to court. 111.

magistrate may place in control of private person. 111.

custody to be taken in some cases by municipal officers, 111.

parents may apply to have custody restored, 112.

expense of support, 112.

towns may provide for support, 112.

poor, may be bound out, 331.

employment of in manufactories, 305.

642 INDEX.

CHILDREN, non resident, 446.

between certain ages required to attend school, unless, &c., 431-445.
See Schools, Truants. ^ '

CHIMNEYS, defective, repaired at order of municipal oflEicers. See Fire

Department, 191.
CITIZENS, meetings of. See Charter, and Elections.

general meetings, 36. • *

CITY AUDITOR. See Auditor.

CITY BUILDINGS. See Constable and Messenger, 128.
CITY CLERKS. See Clerk.
CITY ENGINEER! See Engineer.
CITY FARM, teams of city kept at. See Streets, 479.
CITY HALL, erection and use of, 133.

CITY HAY SCALES, weigher of hay to have control of, 244.
CITY MARSHAL. See Marshal.
CITY PHYSICIAN. See Health, 262.
CITY PROPERTY. See Charter.
CITY SEAL. See Seal of City.
CITY SOLICITOR. See Solicitor.

CITY TREASURER. See Treasurer, Finance, Railroads.
CLERK, CITY, shall be clerk of board of aldermen, 36.

general duties under the charter, 36.

shall give notice of ward meetings, 36.

shall perform duties prescribed, 36. ^

shall act as clerk at citizens' legal meetings, 36.

to endorse transfer of carriage licenses, 82.

to endorse transfer of trucks, &c., licenses, 88.

to keep records of doings of board of aldermen, 126.
of conventions of city council, 126.

to notify persons appointed to office, 126.

to notify chairmen of committees, 126.

to preserve all papers belonging to the city, 126.

to keep ordinance in books, 126.

to procure stationery, 126.

to lay record thereof before city council, 126.

to draw bills and ordinances, 126.
. perform duties prescribed, 126.

to make an estimate of stationery and blank books and advertise for
sealed proposals, 127.

time of advertisements, 127.

INDEX. 643

CLERK, CITY, to examine proposals, 127.

to award contracts, with auditor, 127.

to procure other needfUl articles, 127.

to record notices of intention of marriage, 118.

to keep book for public inspection, 118.

to give certificate of notice of intention of marriage, 118.

penalty for false certificate, 119.

not to isssue certificate to persons under age, 118.

not to issue certificate to paupers, 118.

penalty for same, 118.

duty where marriage is forbidden, 118, 119. •

return of marriage to be made to him, 119.

to make annual return to clerk of courts, 119.

to record births and deaths, 119.

parents, &c., to notify clerk, &c., 120.

fees for above duties, 120.

penalty for neglect of above, 120.

to record mortgages of personal property, 121.

mortgages to be recorded, where, 120.

mortgages, how to be redeemed, 121.

mortgages, how foreclosed, 121.

proceedings when mortgages out of State, 122.

Hohnes' note, when for morp than 630, must be recorded by, 122.

attachment of personal property, how preserved when property can-
not be removed, 122.

lien on building and lot must be recorded in clerk's office within
thirty days, 123.

vessels on stocks, attachment how made, 123.

record of such attachment, 123.

particulars for enforcing such lien, 123.

record of sales of personal property sold to enforce a lien, 123.

proprietors' records, how preserved, 124.

licensing board, 12-1.

cemeteries, description of, 124.

pews deemed real estate, 124.

board for preparing list of jurors, 124.

who selected for jurors, 125.

clerk to keep jury box, 125.

tickets in box to be drawn once in three years, 125.

check list, 125.

644 INDEX.

CLERK, CITY, penalty, 125.

check list to be preserved, 125.

certified copies, 125.

to cause officers to be summoned before him to take oath, 125.

may record his own election, 125.

election of officers recorded, 125.

deputy clerk to do all duties, 125.
. to communicate name of treasurer to treasurer of State, 126.

duties of city clerk, 126.

to purchase stationery and blank books, 126. *

duties as to drains and sewers, 146.
fire department, 201.

to sign certificate of appointment of officers of fire department, 196.

penalty if guilty of fraud in selection of jurors, 290.

member of licensing board, 281.

to make record of licenses granted, 282.

duty to prosecute violations, 283.

to record licenses for erection of stationary steam engines, 321.

notice of appeal for damages, by laying out streets to be served
upon, 465.

to record names of streets, 494.

description of sidewalks, 494.
COACHES, regulated. See Carriages. .
COAL HOLES, regulated. See Streets.
COASTING, in streets forbidden. See streets.
COMMERCIAL STREET, speed of trains in, regulated, 490.

engine bell to be rung continually, 490.

brakemen constantly at brakes, 491.

penalties, 491.

articles to be unloaded on southeast side of railroad track, 491.

and shall not be so placed as to obstruct, 491.

engines, &c. not to obstruct streets or passage ways, 491.

side tracks or turnouts not to be laid without, 491.

vessels or boats not to be made fast to coping stones, 492.

penalties, 492.
COMMISSIONER, LIQUOR, to sell city, 50.

COMMISSIONER OF STREETS, to put down monuments when requested
by committee on streets or city engineer. See Streets, 479-500.

to give notice to persons to repair streets, 478.

duties respecting grading streets, 478.

INDEX. 645

COMMISSIONER OF STREETS, to be elected, 478.

to be sworn, 478.

compensation, 478. .

to keep streets safe, &c. 478.

to superintend general state of streets, 478.

not td change grade of streets, without, &c. 478.

to make contracts, 478.

to take charge of teams, &c., 478

powers of street commissioners of town of Portland given to, 478.

to pay damages sustained in consequence of neglect of duty, 478.

to be acquainted with lines of streets, &c. 479. »

to remove obstructions, 479.

to perform duties prescribed, 479.

to make arrangements for supply of labor, 479.

may have city teams kept at city farm, 479.

to discharge bills contracted once a month, 479.

to render account to aldermen, 479.

io render annual account to city council, 479. •

to cause stone monuments to be erected, 479.

to cause drains and aqueducts opened to be repaired, 481.

to remove building materials, &c. obstructing streets, 482.

to superintend the laying of side tracks in Commercial street, 491.

to furnish bricks, &c. to lay. sidewalks at expense of city, 493.

to direct laying, &c. 493.

rights and duties not to be limited by construction of ordinance, 498.

encroachment on streets, 499.

gas company to give notice to, of intention to lay down pipes, «Sbc.
504.

company to repair streets to satisfaction of, 506.

if not, commissioner to repair at expense of company, 506.

to certify if work is done to his satisfaction, 504.
COMMON CRIERS. See Criers.
COMPLANTS. See Children, 111.
CONSTABLE AND MESSENGER, CITY, to be appointed by city council, 128.

to deliver notifications, &c., 728.

to arrange rooms, &c., for meetings of city council, 128.

to perform the duties of clerk of the market, 128

to have the superintendence of city hall and city government
house, 128.

to have care of ward rooms, 128.

to be subject to orders of city council, 128.

646 INDEX.

COLLARS. See Dogs, 143.

CONSTABLES, wards to elect two each, 137.

island to elect one, 137.

penalty for not summoning voters, 166.
CONSTABLE, election warrants. See City Clerk, 173.
CONSULTING PHYSICIANS. See Health, 262.
CONTAGIOUS DISEASES. See Health.

CONTRACTS AND EXPENDITURES, member of city government not to
vote on any question in which he has a pecuniary interest, 137.

pecuniary interest in any city contract prohibited to members of
, city government, 137.

proceeding to enforce two preceding rules, 137.

deficiency of appropriations, 137.

contracts not to be concluded where appropriations are deficient, 138.

committees limited in expenditures, 138.
Contracts for Blank Books and Stationery, 138.

contracts made valid. See Finances, 182.

unauthorized contracts by municipal oflicers may be made valid, 182.
CORDWOOD. See Wood.
COUNCIL, CITY, term includes what, 129.

stated meetings of, 129.

special meetings to be called by the mayor, 129.

of Portland authorized to contract with Gas Company, 214.
See Streets.

COMMON, duty of clerk of, 135.
See Charter.
COUNTY ATTORNEY, See Elections, 163, 167.
COUNTY CONMISSIONERS. See Streets, 469.

COURT, MUNICIPAL, judges of municipal and police courts, appointment
of, 313.

Portland municipal court, 313.

jurisdiction of judge, 313.

not to act as attorney or counsel in any case within jurisdiction of
his court, 313.

his jurisdiction in cases of larceny and ofiences against city by-
laws, 313.

houses of ill fame, 313.

right of appeal from, 313.

fines, to be accounted for, 314.

jurisdiction when penalty accrues to the city, 314.

INDEX. ' 647

COURT, MUNICIPAL, court to be held on Mondays, 314.

recorder, how appointed and qualified, 314.

writs to be under seal of court, bear test of judge and be signed by
recorder, 314.

powers of recorder in absence of judge, 314, 315.

in case of vacancy of judge, 315.

justice of the peace substituted in absence of judge and recorder, 314..

provisions when office of judge is vacant, 314.

restrictions on justices of the peace in Portland, 314.

exceptions under laws of United States, 315.

when recorder may issue warrants, 315.
. salary of recorder, 315.

vacancy ip office of, 315. '

costs, how to be taxed, 315.

judge to be appointed, how, 316.

duties and salaries, 316.

PROBATE, judge of may appoint guardians for persons sent to
insane Hospital, 304.

SUPREME JUDICIAL, jurisdiction in regard to finances, 180. •

appeal from municipal officers to, 147.

may enjoin. See Harbor of Portland, 232. •

aggrieved owner may apply to for jury. See Nuisances, 318.

power of in case of complaints against commissioners of sinking:
fund. See Railroads, 368.
COURTS, word Streets to include, 497.
COWS, not to go at large, 140.

penalties, city marshal to prosecute, 140.

to wear straps around neck, 140.
CRACKERS. See Fire Department, 193.
CRATE, not to be placed on sidewalk. See Streets, 495.
CRIERS, license to be granted, 141.

crying without license, 141.

to keep list of matters cried, 141.

not to cry libeleous matters, 141.

penalty, 141.
CULLERS OF HOOPES AND STAVES. See Lumber.
CUTLERY, grinding on streets forbidden, 486.
DAMAGED PROyiSIONS. See Health, 256.

-648 INDEX.

DAMAGES, person injured by defect in sidewalk may recover not over two

thousand dollars, 475.
DANGEROUS DISEASES. See Health.
DEAD BODY. See Body and Health.
DEATHS, registry of. See City Clerk, 119.
DEBT, power of city of Portland to create, 180.

committee on reduction, 450.
See Sinking Fund.
DOGS, tax, may be imposed upon, 143.

towns may pass by-laws, regulating going at large, 142.

owners of, liable for damages done by, 142.

persons assaulted may kill dog, 142.

penalty if owners do not confine a mischievous dog, 142.

dangerous dogs may be killed, 143.

not to go at large without licenses, 143.

licenses to be numbered, 143.

dogs to wear collars, 143.

city marshal to cause dogs at large without collars to be killed, 143.

proceedings when dogs disturb quiet of any person, 143.

penalties to be paid by owner or keeper of dog, 144.

owner of *dog assaulting person liable to treble damages, 143.

license by city clerk, 143.

fee for same, 143.
JDRAINS AND SEWERS, mayor and aldermen may lay out. See Streets.

ground not to be dug for laying or repairing without consent of
mayor and aldermen. See Streets.

to be finished to satisfaction of commissioners of streets. See
Streets.

private drains may connect with public, 147.

assessments, 147.

lien for assessments, 148.

permits recorded by city clerk, 147.

for non payment of assessments treasurer may sell lots, 148.

right of redemption, 148.

for non-payment city may sue parties, 148.

record of permits to be kept by city clerk, 147.

general authority of mayor and aldermen, 39 and 149.

private drains, regulations, how constructed, 152.

to be laid in center of street, 152.

INDEX. 649

DRAINS AND SEWERS, city engineer to supervise, 152.

drains entering public sewers to be made as mayor and aldermen may
direct, 153.

not to be laid under side walks, proviso, 153,

n6t to be let out upon surface of streets, 153.

rain water ftom roofs may be carried into common sewer, 153.

construction of, notice to be given under law of 1873, 146.

expense, how maintained, 146.

location to be filed with city clerk, 146.

appeal from municipal officers to Sjipreme Judicial Court, 147.

matter in dispute, how adjusted, 147-

city clerk's duties as to, 146.
DRAYS. See Carriages, 87, 91.
DRIVERS OF CARRIAGES. See Carriages, 80.
ELECTIONS, qualification of electors, 165.

exemption from arrest and military duty on day of election, 156.

written ballot, 156.

soldiers and seamen, 156.

students at colleges and academies, 156.
-» no loss of residence by reason of absence in military service, 156.

times of election, 156.

who are legal voters, 156.

assessors to prepare lists of voters, 156.

selectmen to prepare corrected list, 157.

meetings to correct list, 157.

in cities of 1,000 voters, 157.

aldermen to be in session to receive applications of persons claim-
ing a right to vote, 157.

three aldermen to be a quorum, 157.

notice of session given in warrant, 158.

aldermen of cities of 10,000 inhabitants, to be in session four days
before election, 158.

no names shall be entered on the list of voters in cities and towns
having 1000 or more registered voters except on the three
secular days preceding election, 158.

list of voters resident in wards to be posted in cities having more
than 1000 voters, 158.

removals from ward to ward, 158.

lists to be deposited with clerk and posted, 159.

names not to be added or stricken out except as provided, 159.

650 INDEX.

ELECTIONS, how added, 159.

selectmen's duty respecting papers of naturalization, 159.

mode of warning meetings for election of governor, &c., 160.

times of opening and closing meetings in certain towns, 160.

what votes on one list, 160.

check list required, 160.

one ballot box only allowed, 160.

votes on white paper without marks, 160.

when no choice of representatives is effected, 161.

meetings for choice of certain officers and for determining ques-
tions, 161.

results of ballotings, how ascertained, 161.

clerk to transmit returns of votes. to secretary of State, 162.

county attorney to be notified if return not received, 163.

loss of returns how supplied, 163.

oath to be made to copy of record, 163.

certificate, how sealed and returned, 163.

vacancies, how filled in towns not classed for representation, 163.

check list to be preserved by clerks of towns, certified copies, 163.

ballot boxes, how constructed and used, 164.

votes, how received, 164.

officers, ditties of, 164.

penalties in certain cases, how recovered, 164.

electors in cities to meet in wards, 164.

warden to4)reside, 164. /

warden pro tempore may be chosen, 164.

in cities, names of representatives on same lists as other officers, 164.

if no choice, further meetings, 165.

vacancies by death and otherwise, 165.

wardens and clerks in cities, haw elected, term of office of, 165.

penalty for neglect to perform duties required of selectmen, 165.

penalty for neglect of municipal officers to issue warrants for meet-
ings for choice of officers, 165.

penalty, how recovered and by whom, 165.

penalty for neglect of constable to summon voters, 166.

penalty for willful neglect to be recovered by indictment, 166.

penalty for neglect to deposit and post lists, 166.

penalty for neglect to keep check lists, or to reject illegal votes, 166.

INDEX. 651

ELECTIONS, penalties, how recoverable, 166.

penalty for municipal officer striking names from list without

notice, 166.
penalty for altering, erasing or mutilating names on the check list

and for voting in the name of another, 167.
penalty for neglect to supply lost return, 167.
penalty for making false certificate, 167.
penalty for neglect of persoris to' whom returns are entrusted to

deliver them, 167.
county attorney to prosecute for wilful negligence in delivering

returns, 167.
liability of town officers limited, 168.

but neglect to be deemed wilful unless contrary is shown, 168.
punishment for misconduct of voters, 168.
penalty of militia officers for parades on election day, 168.
punishment for bribery and corruption, 168.
intentionally voting when not entitled, 169,
betting on elections prohibited, 169. • ^

election of fire engineers. See Fire Department, 196. See Charter,
mayor or treasurer to sue for penalty for betting, 169.
money paid on wager to be recovered by action on case, 169.
conveyances by reason of wager to be void, 169.
value forfeited to town or city, 169.
islands of city of Portland to constitute two wards as to election

of certain officers, 170.
what islands constitute the different wards, 170.
proceedings at election in same, 170.
mode of determining, officers elected in state election, 170.
how notified, 170.

how to ascertain highest number of votes, 170, 171.
attested copy of return, 170. *

form of warrants of ward meetings, to conform to act of 18/8, 171.
to be served by constables and returned, 172.
form of warrant for general meetings, 172.
to be served by constables and returned, 173.
time of opening and closing the polls to be fixed by whom, 173.
EMBEZZLING, property at fires punishable, 190, 191.
ENDORSEMENTS, of transfer of carriage licenses, 82.
transfer of trucks, &c., licenses, 88.
See City Clerk.

652 INDEX.

ENGINEER, CITY, council to choose, 130.

duties, 130.

duties as to monuments, 130.

shall supervise sewers, 131.
■ keep account of expense and list of persons benefited, 131.

make plans of sewers, 132.

mean tide elevation to be a base line, 132.

description of streets, drains, sewers, &c. to be recorded, 132.
ENGINEER OF FIRE DEPARTMENT, 196.
ENGINE COMPANIES. See Fire Department.
ENGINE HOUSES. See Fire Department.
EVERGREEN CEMETERY. See Cemeteries.
EXCAVATIONS, in streets, 502, 468.
EXHIBITIONS, public regulated. See Amusements.
EXPENDITURES. See Contracts and Expenditures, and Finance.
FARE, for carriages. See Carriages.
FARM CITY, teams of city may be kept at, 479.
FALSE REPRESENTATIONS, to liquor agent, 50.
FAST DRIVING in streets, prohibited, 489.
FENCES. See Trees, 537.

FERRIES, county commissioners may license ferfies, establish tolls, take
bond, 175.

property to be appraised on removal of a ferryman, 175.

commissioners may establish ferries to be supported by towns;
penalty for neglect, 175.

penalty for neglect of keeper to keep safe boat, and for neglect of
attendance, 175.

person injured by default of ferrymen, may sue bond, 175.

no other ferry on same river within one mile above or below, 175.

penalty for keeping ferry or conveying passengers or property con-
trary to law, 175.

ice to be leveled and way kept in repair in winter, 176.

penalty for neglect and liability for injury, 176.

licensed ferrymen not to use horse boats or steamboats, 176.

at horse and steam ferries, other boats to be used in times of dan-
ger, 176.

obstructions to, prohibited, penalty, 176.

piers may be sunk to guide boats at ferries, 177.

Cape Elizabeth ferry. An act to incorporate, 177.

real estate and personal property, 177.

INDEX. 653

FERRIES, time of running boats, 178.

forfeiture in case of neglect, 178.

liable for loss or damage, 178.

capital stock, 178.
FILTH, not to be thrown into streets. See Health, 263.
FINANCE, constitutional amendment of 1877, 180.

power of city of Portland to create debt limited to five per cent, of
her valuation, 180.

private laws of 1877, 180.

not to apply to fund in trust or to temporary loan for municipal pur-
poses, 180.

jurisdiction of S. J. Court, 180.

city council authorized to purchase real and personal estate, not
exceeding $200,000, 181.

school money, how paid, 181.

for what purposes money may be raised by towns, 181.

towns may procure town histories, 181.

build soldiers' monuments, 181.

doings of cities and towns made valid, 181.

contracts made valid, 182.

unauthorized contracts by municipal officers may be made valid, 182.

committee on accounts to be appointed, 182.

city treasurer's duties, 182.

committees on accounts to audit the accounts of city treasurer and
auditor, 183.

city treasurer to give bond, 183.

financial year, accounts to be made to, 183.

committee on finance to be appointed, 183.

duties, 183.

city officers to pay over moneys to the treasurer, 183.

registered bonds, 184.

duty of city treasurer, 184.

forms and regulations, 184.

denomination of said bonds, 184.

blanks and books, 185.

transfer, 185.

dispose of same, 185.

bonds for payment of P. & O. assessment, 185.
FINANCIAL YEAR. See Finance, 183.

654 INDEX.

FIRE, larceny at, 190.

innkeepers to provide means of escape from, 193.

bonfires in 'street, penalty, 194.

unlawful kindling of, 192, 191. •

giving false alarm of, penalty, 195.

removing fire ladders at, penalty, 195.

See Engineers, Eire Department, Gunpowder.
FIRE ARMS, not to be discharged except, &c. 194.
FIRE ALARM. See Fire department, 195.
FIRE DEPARTMENT, powers of, in whom vested, 188.

towns may prescribe rules for care and management of fire engines
and apparatus, 188.

for employment of men in, 188.

for appointment of officers, 188.

officers so chosen have powers of fire wards, 188.

powers, privileges and duties of men so employed, 188.

engine men excused from serving as jurors, 189.

duties of engine companies, 189.

discharge of negligent men, and selection of engine men for other
duties at fires.

election of fire wards, 189.

notice, penalty for not entering acceptance or refusal, 189.

duty of fire wards and other officers at fires, 189.

power of fire wards at fires, 190,

penalty for refusing to obey, 190.

officers appointed under special laws may demolish buildings, 190.

compensation for building demolished, 190.

recovery by action on the case, 190.

plundering at fires declared larceny, 190.

penalty for occupying tenement for sail maker, rigger or livery stable,
except as municipal officers direct, 191.

municipal officers to direct defective chimneys to be removed or
repaired, 191.

penalty for lighting or smoking cigar or pipe in mills, &c., 191.

penalty for kindling fire on land without consent of owner, 191.

penalty for kindling fire with intent to injure, 192.

lawful fires to be kindled at suitable time, 192.

municipal officers to make regulations respecting gunpowder, explo-
sive oils, and substances, 192.

persons injured by explosion may recover damages, 192.

power of municipal officers to search for gunpowder, 192.

INDEX.

655

FIRE DEPARTMENT, regulations not in force until published, 192.
penalties, keeping gunpowder, 193.
inkeepers to provide means of escape from fires, 193.
60 days' notice to so provide, 193.
penalty for neglect, 193.
penalty for unlicensed use of fire works, 193.
burning bricks in town, 193.
water not to be taken from reservoirs, 194.
penalty for interfering with convenient use of reservoir, 194.
bonfires in streets, fine, 194.
penalty for carrying fire in streets, 194.
penalty for discharging fire arms, 194.
penalty for erecting and firing kilns, 195.
penalty for false fire alarms, 195.
penalty for removing ladders, 195.
burning chimneys, flues, &c., 195.

penalty for wearing badge or insignia of fire department, 195.
hydrants used only for extinguishment of fires, 196.
driving over hose, 196.
organization of fire department, 196.
election of_engineers, 196.
their rank, 196.

organization of their board, powers, 197.
to cause combustibles to be removed, 197.
to demolish buildings at fire, when, 198.
board may suspend companies and officers, when, 198.
engine company, how composed, 199.
power and duties of chief engineer, 199.

city council may form engine, hook and ladder and hose com-
panies, 200.
foreman and clerk, how chosen, 200.
companies may make rules, 200.
monthly and other meetings of companies, 200.
fines for absence, 201.
pay of members of companies, 201.
fires in adjoining towns, 201.
duties of foremen, 201.
duties of clerks, 201.
election of enginemen, 202.

656 INDEX.

FIRE DEPARTMENT, duties of enginemen, 203.

board of engineers, rules and regulations, 205, 206, 207, 208, 209.

drivers, duty of, 203.
FIRE WOOD. See Streets, 495.
FIRE WORKS. See Fire department, 193.
FISH. See Health, Whai-ves, Manure.
FLOUR, appointment of inspectors, 210.

inspection, how made, 210.

inspectors, duties, 211.

record of inspections kept, 211.

penalty for fraudulently marking, 211.

penalty for alteration of marks, 211.

when inspection is not demanded, 211.
FOOD, punishment for selling adulterated, 256.
FOOT BALL, forbidfien in streets, 484.
FOOT WALKS. See Sidewalks and Streets.
FOWLING PIECE, not to be discharged in city, 194.
FREE HIGH SCHOOLS. See Schools, 442.
FRUIT, 565. See Weights and Measures, 566.
FUND. See Cemeteries, 98.
Finance, 180.
Railroads, 365.
Taxes, 515.
Trees, 538.
FUNERAL CARS. See Health.
FUNERALS. See Cemeteries.

GAMING TABLES, not to be exposed. See Streets, 484.
GAS, statutes, act of incorporation of Portland gas light company, 212.

capital stock, how applied, 213.

liability for injury to private property, 213.

regulations for laying down pipes, 213.

liability to city for damages, 214.

obstruction to public travel in laying down, erecting or repairing
works, 214.

not to obstruct or impair the use of any drain, 214.

city council authorized to contract for lighting the streets and pub-
lic buildings, 214.

exclusive privileges granted to company, with proviso, 215.

city of Portland authorized to take and hold stock in said com-
pany, 215.

INDEX. 657

GAS, amount received from city by company, its disposal, 216.

its effect upon the remaining shares, 216.

issuance of shares to city, 216.

shares of city, how represented, 216.

authority of city to take the property of said company at its
appraised value, 216.

appraisers, how appointed, 216.

if company neglects or refuses to deliver its property to city, 217.

exclusive privileges to said company in case city should not take
its property, 217.

liability of company for wilfully or negligently leaving obstructions-
in any street, 217,

or neglect to repair, 217.

fine, how collected and applied, 217.

liability for personal injury, 218.

mayor and aldermen have power to regulate such works as affect
the city's health, 218.

Portland Gas Light Company authorized to increase its capital
stock, 218.

shares, how disposed of, 218.

city may take proportional part of them, 219.

shares to be numbered, 219.

how issued and amount, 219.

Portland Gas Light Company authorized to increase its capital
stock, 220.

shares first offered to existing share holders, 220.

balance, how disposed of, 220.

city council may make the city joint owner of stock, 220.

ownership, conditions of, 221.

duties of directors and treasurer, 221.
See Streets.
GOODS, sold at auction on streets, 60.

obstructing foot path or sidewalk, 495.
GOVERNOR, election of. See Elections, 160.
GRAND JURORS. See Jurors, 286.
GRATINGS, in streets regulated. See Streets, 488.
GRAVES. See Health, 274, 275.

GRINDING CUTLERY in streets, forbidden. See Streets 486.
GUARDIANSHIP, persons under, exempt from taxation, 512.
GUIDE POSTS, towns must maintain, 476.

658 INDEX.

GUN, not to be discharged in city, 194.

'GUNPOWDER AND EXPLOSIVE SUBSTANCES, municipal officers may
make regulations, 222.

persons injured by explosion may recover damages, 223.

power of municipal officers to search for gunpowder, 223.

sale of, without license in city of Portland, unlawful, 223.

license to sell, 223.

in force one year with power of renewal, cost, 223.

mayor and aldermen of Portland may establish rules for sale of
gunpowder, 224.

penalties, buildings nuisances, 224.

rules ai\d regulations established by mayor and aldermen, 225.

appointment and duties of keeper- of powder magazine, 225.

no licensed vender of gunpowder to keep over 75 lbs., 225.

kept in copper chests placed near the outer door, 225.

vessels not to land or receive over 25 lbs. without permit, 226.

nor lay at any wharf, 226.

permits to land or ship, granted by mayor and aldermen, '226.

transportation of, through city, 226.

persons licensed to sell, to keep sign over door, 227.

penalties, 227.

transporters of gunpowder appointed by mayor and aldermen, 228.
See Fire Department.
HACKNEY CARRIAGES. See Carriages, 81. . ■

HAND CARTS. See Carriages, 87.
HAND SLEDS. See Carriages, 87.

HALL, CITY, proceedings of town of Portland relating to erection of
town hall, 133.

use of part of hall to military companies, 133.

mayor to have general chage, 134.
HARBOR OF PORTLAND, boundaries defined, 230, 231.

wharves, extension of, 231, 236.

receiving basins and reservoirs defined, 231.

erections in prohibited, except, &c., 231. *

commissioners appointed, 231.

term of office, 232.

their compensation, 233.

Supreme Judicial Court may enjoin, 232.

costs of injunction, by whom paid, 232.

rules for regulation and management of vessels, 181, 238.

INDEX. 659

HARBOR OF PORTLAND, permissions to make erections within receiving
basins and reservoirs of the harbor, shall be in writing and
recorded, 231.

prosecution and punishment, 232.

commissioners, powers extended, 232.

restrictions and penalties, 233.

harbor lines on Fore river, 233.

those on northerly side of river, 233.
. southerly side, section one, 234.

southerly side, section two, 235.

no wharf or incumbrance of any kind to extend beyond harbor
lines, 236.

those built within said lines to have permission of commis-
sioners, 236.

permission recorded, 236.

existing remedies extended, 236.

Atlantic & St. Lawrence wharves east of Gait's wharf to be per-
mitted to go beyond conmiissioners' line, 237.

stones, &c., not to be thrown into harbor, 237.

penalty for violation of rules, 239.

vessels anchored contrary to rules, 239.

to be removed at owners' expense, 239.

penalties, 239.
HARBOR MASTER, to be elected, 237.

to be sworn, 237.

'compensation, 237. ' ,

duties, 337.
HARD COAL. See Weigher.
HAWKERS AND PEDLERS, penalty for selling goods without Ucense, 240.

articles forfeited, 240.

county conmiissioners may license, 241.

license free to disabled soldiers, 241.

amount to be paid for license, 241.

carriage to be lettered, 242.

license to be exhibited, 241.

penalty for refusal, 241.

provisions do not apply to goods forwarded from without the State
upon the order of a purchaser, 240.

nor to citizens of State selling articles raised or manufactured in
State, 240.

660 ' INDEX.

HAWKERS AND PEDLEES, county commissioners to famish blank licenses
to clerk of courts, 241.

penalties and forfeitures, how recoverable, and to whose use
accruing, 242.

commitment in case of default, 242.
HAY, pressed, how marked for sale, 243.

forfeited unless so marked, 244.

penalty for receiving on board vessel, 243.

weighers to be chosen by city council, 244.

not to be sold without being weighed, 244.

penalty, 245.

weighing without authority, 244.

fees for weighing, 245.

pressed and in bundles need not be weighed, 245.

weighers forbidden to deal in hay, 243.
HEALTH.

Infectious Diseases.

precaution against infected persons, 249.

may be removed to separate house, 250.

may be restrained from traveling in l^tate, 250.

penalty, 250.

hospitals may be established, 254.

any building may be licensed as such, 254.

restrictions as to inoculating, 255.

process for securing infected articles, 255.

phj^sicians liable to hospital regulations, 255.

masters of vessels, 254.

vessels with infected persons, 254.

quarantine, 254.

precautions to prevent the spread of infectious diseases, 255.

penalties for violation of hospital regulations, 255.

householders, &c., to give notice of persons sick with infectious
diseases, 255.

penalty for selling unwholesome provisions and drinks, 256.

penalty for adulterating food or liquors, 257.

contagious diseases among cattle, 257.

execution of laws, &c., relative to, to be under superintendence of
city marshal, 262.

to be subject to control of mayor and aldermen, 262.

city and consulting physicians, 262.

INDEX. 661

HEALTH, their duty, 263.

filth shall not be thrown into streets or waters of harbor or Back
Cove, penalty, 263.

shall be removed at expense of owner or occupants of house, 264.

filth, &c., may be removed by order of mayor, &c., 264.

in case of neglect to remove after notice given, 264.

to be removed at expense of person notified, 265.

penalty for selling veal of a calf less than four weeks old, 256.

masters of vessels may be examined oh oath in certain cases, 253.

selectmen may establish quarantine regulations, 255.

penalty for breach thereof, 253.

duty of pilots, 253.

ft-esh m,eat and fish, cities have power to regulate sale of, 257.

penalties, 257.

cattle infected by contagious disease, 257.

cattle killed to be appraised, 258.

regulation of passage of animals, 258.

appraisals how made, &c., 260.

owners dissatisfied may maintain action, 260.

notice to governor and secretary of board of agriculture, of exist-
ence of disease, 260.

to commissioners if any provided, 260.

commissioners may be appointed, 260.

their powers, 260.

neglect of oflSjcers to enforce and carry into effect the commissioners'
regulations, fine, 260.

said regulations to superscede all others, 260.

having bodies unlawfully in possession, 260.

consent to use body for anatomical science given by person before
his death, 261.

body for medical school, 261.

board of, 256.

oflScer, how chosen, 262.

may remove filth, &c., 263.

expenses to be paid by owners of infected articles, 265.

building of privy vaults, 265.

regulations respecting hog-sties, 267.

house offal, 267, 268.

hides or leather not to be exposed in streets, 269.

cart for cleaning vaults, permit time, 270.

662 INDEX.

HEALTH, interment of the dead, department in relation thereto to be placed
under control of one superintendent, 271.

subject to regulations of mayor and aldermen, 271.

superintendent to be sworn, his term, office, &c., 271.

funeral cars placed in his care, 272.

undertaker appointed and licensed by mayor and aldermen, 273.

no interments to be made without license from superintendent of
burials, 273.

undertakers, fees, 273.

depth of graves, 274.

no body removed from city without permission of superintend-
ent, 274.

superintendent shall attend such removal, 274.

undertakers to make returns to superintendent, 274.

bodies not to be removed without permit of superintendent, 274.

removal of bodies from city tomb, 274.

bodies not to be interred in city cemeteries, 275. ^

mayor and aldermen to make regulations, 275.

transportation of dead bodies, 275.

penalties, 276.
HIDES AND LEATHER. See Leather, 293, 294.
HIGHWAYS, buildings on. See Buildings and Streets.
HISTORIES OF CITIES, 276.
HOGSHEADS. See Lumber, 299.
HOG-STY. See Health, 267.
HOLMES NOTE. See City Clerk, 122.

HOOK AND LADDER COMPANIES. See Fire Department, 200.
HOOPS AND STAVES. See Lumber, 298.
HORNS, not to be sounded in streets. See Streets, 486.
HORSE-BOATS. See Ferries, 176.
HORSES. See Streets, 489.

See Trees, 538.
HOSE COMPANIES. See Fire Department, 200.
HOSPITALS. See Health.
HOUSE OF CORRECTION, towns may build and maintain, 278.

overseers of, to be appointed, 278.

their powers and duties, 278.

compensation to overseers and master, 279.

power of overseers to commit persons, 279.
HOUSE OFFAL. See Health, 267.

INDEX. 663

HOUSES. See Buildings.

ICE. See Streets, 496, 497.

INCUMBRANCES. See Harbor, 231. See Streets.

INDIANS, liquor agent not to sell to, 49.

polls of, exempt from taxation, 512. .
INDUSTRIAL SCHOOL, under what conditions girls may be sent to, 280.
INFECTIOUS DISEASES. See Health.

INN HOLDERS AND VICTUALERS, Ucense to, when and by whom grant-
ed, 281.

persons licensed to give bond, 282.

licenses may be granted for a part of the year, 282.

fee for licenses and record, 282.

duty of innholders to provide entertainment, 282.

duty of victualers, 283.

innholders and victualers to keep up signs, 283.

not to allow gaming on the premises, penalty, 283.

reveling, disorderly conduct, drunkenness prohibited, 283.

no person shall be a common innholder or victualer without a
license, penalty, 283.

duty of licensing board to prosecute, 283.

fire escapesvand ladders, 283. ,

liability for baggage, 283.

loss by fire, by negligence of guest, 284.
See Schools, 442.
See Fire Department.
INSPECTORS. See Boats, 61. See Flour, 210. See Leather, 293.
INTELLIGENCE OFFICES, not to be kept without license, 284.

licenses, how granted and revoked, 284.

fee for license, 284.

municipal oflScers may license, penalty, 285.

penalties, how recovered, 285.
INTERMENT OF THE DEAD. See Cemetery, Health.
IRON, not to be placed on sidewalk. See Streets, 495.
ISLANDS. See Elections, 170.
JXTRORS, board for preparing lists of, 286.

lists how prepared, 287.

persons exempted from serving, 287, 189.

tickets of names to be kept in jury box, 287.

liable to be drawn once in three years, 287.

number required to be kept in the jury box, 287.

664 • INDEX.

JUROKS, names may be withdrawn, 287, 288.

commissioners to divide county into jury districts, 288.

rule by which clerk shall issue venires, 288.

grand jurors to serve one year, 288.

jlirors to attend first day of term, 288.

duties of sheriffs in relation to distribution of venires, 288.

constables shall notify, &c., 288, 289.

notice, how given, 289.

mode of drawing jurors, 289.

penalties for neglect, 290.

penalty for fraud by town officers, 290.

date of draft to be indorsed on the ticket, 289.

penalty for neglect of juror to attend, 290.

who selected for jurors, 125.
JURY BOX, city clerk to keep, 125.
JUSTICE OF THE PEACE. See Municipal Court, 314.
KILNS. See Fire Department, 193.
LAMPS AND LAMP POSTS, injuries to, penalty to, 291.

committee on, to be appointed, 291.

to cause lamps to be set up, 291.

mayor, &c., to make contracts and rules for, 2*91.

no person without authority shall light or extinguish lamp, 292.

how lamp posts may be legally located, record, 292.
LANDEAU. See Carriages.
LANES, the word street to include, 497.
LANTERN, not to project into streets, &c., 486.

LARCENY, embezzling of property at fires declared to be. See Fire Depart-
ment, 191.
LEATHER, boots, &c., may be stamped, 293.

penalty for fraudulently stamping, 293.

inspectors of sole leather to be appointed, 293.

to examine and inspect sole leather, 293.

penalty for counterfeiting marks, 294.

mode of inspecting and stamping, 292, 294.

assessors to be furnished with account of hides and leather on hand,
for taxation, 294.

\^s or leather not to be exposed in streets, 294.
LIBRA! ;ES, public may be established, 295.

towns may raise moneys therefor, 295.

donations to, 295.

penalty for defacing books or pictures, 295.

INDEX. 665

LICENSING BOARD, to consist of municipal officers, treasurer and clerk, 281.

to meet on the first Monday of May, 281.

to grant licenses to victualers and innholders, 281.
LICENSES. See Amusements, Auctions.

dogs, 143.

pawnbrokers, 336.

gunpowder, 223.

carriages, 81, 87.

innholders and victualers, 281, 283.

intelligence offices, 285.

carriages, 88.

hawkers and pedlers, 241.
LIEN on building and lot, 123.

sales of personal property to enforce, 123.

on standing wood and timber for payment of taxes, 513.
LIGHTS. See Streets.
LIGHTERS, provisions respecting, 61.
LIME KILNS, not to be erected or fired, 195.
LIQUOR, agents for sale of, 47.
LISTS. See voting lists and check lists.
See elections, 159.
See Taxes, 531.
LOAN, of credit of city to the Atlantic & St. Lawrence Railroad Company.

See Railroads.
LOGS, duty of surveyors of. See Lumber, 300.
LOTS. See Cemeteries, 100, 108.
LUMBER, towns to elect surveyors of, 296.

to be surveyed before delivery, 297.

dimensions and quality of shingles, 297.

how split, or sawed and packed, forfeiture, 297.

dimensions and quality of clapboards, 298.

dimensions and quality of staves and how enumerated, 298, 299.

hogshead hoops, how packed, penalties, 299.
LUNATICS, municipal officers to decide on cases and commit to hospital with
certificate, keep record, &c. 301.

two physicians required to establish insanity, non compos not, 301.

may certify inability to pay for support and treasurer may charge
State one dollar per week, 302.

towns where insane person resided or was found, pay for support
unless, 302.

666 INDEX.

LUNATICS, when unlawfully committed, and expense of removal, 302.

towns have remedy against the person, or those liable for his

support as a pauper, 302.
discharge of, those liable for support may apply for, 303.
municipal officers to decide, 303.

overseers of poor to remove when notified so to do, 303.
how persons discharged shall be removed, 303.
town liable upon notice for costs of removal, 303.
towns of less than two hundred inhabitants not liable for removal,

304.
judge of probate may appoint guardians for persons sent to hospital,

duties and compensation, 304.
MANUFACTURING ESTABLISHMENTS, exempt from taxation, not exceed-
ing ten years, provided, &c. 305.
capital, 305.
children under 15 years not to be employed in, without proof of

schooling three or four months in the year, 305.
teacher's certificate, 306,
penalty, 306.
no person under 16 years of age to be employed over ten hours a

day in, 306.
their exemption from taxation in certain cases, 512.
MANURE, not to be taken from street without permit. See Streets.

commercial, to be labeled with name of manufacturer and amount

of certain constituents, 307.
purchaser may recover from seller if constituents are not as stated

in label, 307.
term soluble defined, 307.

these provisions do not apply to manures prepared from fish, 308.
MARRIAGE, registration of intentions of, 118.
false certificate of intentions of, 119.
annual return of marriages, 119.
record of. See Clerk City, 119.
MARSHAL, CITY, See Police, 346, 347, 348.
See Carriages, 82, 88.
See Cows, 140.
See Dogs, 143.
See Health, 262, 264.
See Streets, 480, 483, 485, 488, 495, 496.
See Trees, 538.

INDEX. 667

MAESHAL, DEPUTY. See PoUce.

MASTERS OF VESSELS. See Harbor of Portland, and Health.
MAYOR. See Charter.

MAYOR AND ALDERMEN. See Charter.
MEASURERS OF WOOD AND BARK. See Wood.
MILITARY COMPANIES. See City Hall, 134.

MILK, inspectors of, shall be appointed in towns of not less than 3000 inhabi-
tants, duties, 309.
vessels to be annoally sealed, 310.
penalty for selling or oflfering injurious milk, 310.
milk inspector, powers of, 311, 310. ,

compensation, 311.
duties of milk vendors, penalty, 310.
MILLS, lighting or smoking cigar or pipe in, 191.
MINORS, liquor agent not to sell to, 49.

must be specially licensed to drive hackney carriage, 86.
may be bound out. See Paupers, 331.
MONUMENTS. See Finance, 181.

Cemeteries, 101.
Engineer, 130.
Streets, 479, 500.
MORTGAGE BONDS. See Railroads, 380.
MORTGAGOR, when out of State, 122.
MORTGAGES, personal property to be recorded, 120.
when recorded, 120.
how redeemed, 121.
foreclosure of same, 121.
Holmes note. See City Clerk, 122.
MUNICIPAL OFFICERS. See Officers.

NATURALIZATION, selectmen's duties respecting papers of. See Elec-
tions, 157,
NOTICE. See Drains and Sewers, 146.
# Buildings, 76.
Elections, 158.
Railroads, 376.
Taxes, 525.
NUISANCES, dangerous buildings may be adjudged, proceedings, 317.
powers of municipal officers, 318.
may abate nuisance, 318.
owner to pay expenses, 318.

668 INDEX.

NUISANCES, enforcement of payment, 318.

owner aggrieved may apply to Supreme Judicial Court or justice of

for jury, 318.
jury, how empanneled, 318.
verdict, what it may be, 318. .
may be accepted or rejected, 318.
exceptions taken, proceedings, 318.
costs, how paid, 319.

provisions not applicable unless by vote, 319.
advertising on fences, rocks, &c., without permission, 319.
penalty, 319.

certain nuisances described, 319.

places to be assigned for unwholsome employments, 320.
buildings for manufacture of gunpowder, when, 320.
burning bricks in parts of a town prohibited by vote, 320.
stationary steam engine not to be used without license, 321.
duty of town officers on application for license, 321.
such engine erected without license to be deemed a nuisance, 321.
duty of town officers on application for, 321.
power of town officers to remove such engine, 321.
steam engines and the proper use thereof, 321.
penalty, 321.

whistles on locomotives, 322.
OFFAL. See Health, 267, 268.

OFFICERS, MUNICIPAL, duties as to liquor agent. See Agent,
duties as to public halls or buildings, 55, 56, 57.
duties as to auctioneers. See Auctioneers, 58.
duties as to cemeteries. See Cemeteries, 92.
duties as to children abused, 110.
duties as to finance. See Finances, 182.
power of, to search for gunpowder, 192.
election of, recorded. See City Clerk, 125, 126.

See Elections. 165. ^

See Finance, 182.

See City Clerk, 126.

See Schools, 440.

See pawn brokers, 337.

See petroleum, 341.
what term is construed to imply. See City Council, 129.
treasurer. See City Clerk, 126.

INDEX. 669

OMNIBUSES. See Carriages, 86, 87.

ORDINANCES AND BY-LAWS, towns and cities may make, 323.
for managing prudential affairs, 323.
establishing police regulations, 322.
respecting infectious diseases, 323.
going 9,t large of dogs, &c., 323.
measure and sale of wood, bark and coal, 324.
sidewalks, &c., 324.
omnibuses, stages and fares, 324.

protection against injury from falling ice and snow, 324.
by laws published, 324,
regulating sale fresh meat and fish, 324.
location of trees and hydrants, 325.
enacting style of city ordinances, 325.
ordinances to be published, 325.
time of ordinance taking effect, 325.
construction of ordinances, rules applicable, 325.
fines to enure to use of city, except, 326.
OVERSEERS OF POOR, to be chosen, 328.
to have charge of, 330.
.may bind out poor children, 331, 332.
to relieve poor of other towns, 333.

may remove persons chargeable to places of residence, 333, 334.
to receive and provide for such persons, 333, 334.
may send notifications, 333, 334.
to relieve paupers not belonging in the State, 335.

may remove such paupers out of State, 335.

to take charge of effects of after death of pauper, 336.

may prosecute and defend suits, 336.

may complain of persons intemperate, 335.

See Paupers. Work House.
PAGEANTRY. See Amusements.

PAPERS, PERSONS AND, may be brought before Mayor, 42, 43.
PARENTS to give notice of births and deaths to City Clerk, 120.

of abused children may apply to have custody restored, 112.

application by to have custody of children restored. See Children,
112.

liable if minors injure schools, 442.
PAUPERS, city to support, 328, 330.

settlements of how acquired, 328, 329, 330.

settlements remain till new ones acquired, 330.

670 INDEX.

PAUPERS, settlements when not affected by revision of laws, 330.

settlements when in a town, duty of town and of the overseers, 330.

kindred of, liable, 330.

kindred may be assessed, how, 330, 331.

minor children of, to be bound out, 331'.

treatment of such children to be inquired into, 331.

damages for ill treatment of such children, 331.

when such child may sue master, and how, 332.

such child running away to be arrested, 332.

such child may be discharged on complaint of master, 332.

adults may be bound out for a year, when, 332.

adults may complain to court when, 333.

destitute from other towns to be relieved, 333.

destitute, when may be put in jail, so far as needful, for support,
333.

notice to town liable for relief, 333, 335.

answer to same, 334.

removed and returning, when to be sent to house of correction, 335.

foreign, may be removed out of state, 335.

towns liable to individuals for private support, when, 335.

intemperate, to be complained of, 335.

liable to towns for support, 336.

property of to be taken after decease by overseers, 336.

suits to be prosecuted by overseers, 336.

penalty for bringing into a town where he has no settlement, 336.

common carriers, liability for bringing non-resident pauper into the
State, 336.

soldier not to be made pauper, 336.

not to have certificate of intention of marriage issued to, 118.
See Railroads, 414.
PAWN BROKERS, licenses may be granted to, 337.

to keep account of business done, 337.

to furnish memorandum of articles pawned, 337.

books to be submitted to inspection, 337.

penalty, 337.

interest on loans, not to exceed certain rates, 337.

pawns, &c., when. to be sold, 338.

certain sales void, 338.

surplus proceeds of sales how disposed, 338.
PEDLERS. See Hawkers and Pedlers.

INDEX. 671

PERAMBULATIONS of boundary Unes, 64.

laws respecting, 64.
PERMITS, fee for, ordinance, 339.

PENALTIES, FINES AND FORFEITURES, by whom received, 182.
for not summoning voters. See Constable, 166.

permitting cows to go at large. See Cows, 140.

crying libellous matters, 141.

not confining mischievous dogs, 142, 144.

neglecting to deposit and post lists, keep check lists, reject ille-
gal votes, 166.

striking names from voting lists, 166.

voting in name of another, 167.

making ftilse certificate, 167.

neglecting to deliver returns, 167.

parading on election day, 168.

bribery and corruption of voters, 168.

betting on elections, 169.

packing shingles not of prescribed dimensions, 297.

packing hogshead hoops, 299.

employment of children under certain age, 305.

selling injurious milk, 310. ,

disturbing schools, 441.

Injuring wells and pumps, 571.

selling wood, bark and charcoal unsurveyed, 575.

selling charcoal from unsealed baskets, 576.

obstruction of streets by Portland "Water Company, 551.

corruption of water or injury to property by said company, 551.

adulterating vinegar, 540.

malicious injury to trees, 537.

permitting horses, &c., to mutilate trees, 538.

removing ornamental trees, 538.

refusal by cashier of bank to exMbit books, 521.

refusal by tax collector to deliver up bills of assessment, 528.
See Agent for Sale of Liquors, 50, 51.

Assessments, 53.

Bowling Allys, 53.

Cemeteries, 92, 109.

672 INDEX.

PENALTIES, FINES AND rORFEITU|lES, Clerk City, 118, 125.
See Elections, 164, 165, 166, 167.
Ferries, 175.

Fire Department, 191, 190, 192, 194, 195, 196.
Flour, 211. ' ■

Gas, 217.

Gunpowder, 227, ,
Harbor of Portland, 223, 239.
Hawkers and Pedlers, 242.
Hay, 243.

Health, 260, 269, 268, 265, 263, 275, 276.
Innholders, 283.
Intelligence Office, 285.
Jurors, 289, 290.
Schools, 431, 442. '
Steam, 457.
Streets, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 491,

492, 494, 495, 496, 497.
Tramps, 534. '

Weights and Measures, 565.
Wells and Pumps, 521, 575, 576. ^

PERGONAL ESTATE, what it includes, 511.

PERSONS AND PAPERS, mayor and aldermen may send for, 42, 43.
PETROLEUM, inspection of, 340.
inspectors of, 340.
inspectors shall mark casks, 340.
inspectors, compensation of, 341.
penalty for false marks, 350. •

all casks to be inspected, 340.
penalty for neglect, 341.
PEWS. See Clerk, 124.

PIPES of Water Company and Gas Company. See Streets.
PHYSICIANS, city and consulting, to be chosen, 262.
PILOTS, appointment of, 342. *

oath and bonds, 342.
authority and liabilities, 342.
suspension and removal of, 342.
board of trade of Portland to appoint, 342.

INDEX.

PILOTS, liable for damages, 343. •

governor and council to fix fees, 343.

master may pilot his own vessel, 343.
PLACES. See Streets.
PLANK. See Lumber.
POLICE, administration of, vested in mayor and aldermen, 345.

cities may establish police regulations, 345.

powers of, 345.

how constituted, 345.

may require aid, 346.

penalty of refusing aid to, 346.

of Portland appointed by mayor, 346.

marshal, how appointed, 347.

shall give bonds, 346.

duties of marshal, 346.

to enforce city ordinances, 347.

to prosecute offenders, 347.

to make statement of prosecutions, 347.

to render annual account of moneys received, 347.

to pay over moneys to city treasurer, 347.

to comply with rules and regulations, 347.

deputy marshal, how appointed, 348.

to act as captains of city watch, 348.

compensation of, 348.

duties of, 348.

in case of sickness, mayor to appoint, 349.

policemen how appointed, 349.

compensation and duties, 349.

watchmen how appointed, 349.

duties, 349.

policemen and watchmen must perform extra service, 349.

compensation for, 350.

penalty for resistance to, 351.

uniform of police, 351.

duties as to petroleum, 341.
POLLS, time of opening and closing, 173.
POLL TAX, on whom assessed, 610.

Indians and persons under guardianship exempt from, 512.

673

674 INDEX.

POOR, children may be bound out, 331.

See Paupers.
PORTLAND AND FOREST AVENUE RAILROAD. See RaHroads, 398.
PORCHES AND PORTICOES, not to project into street, 487.
PORTLAND GAS LIGHT COMPANY. See Gas.
POWDER. See Gunpowder.

magazine. See Gunpowder.
PRESIDENT Ot' COMMON COUNCIL. See Common Council.
PRIVATE WAYS. See Streets.
PRIVIES. See Health, 265, 268, 269, 270.
PROPERTY, embezzeling at fires, larceny, 190.
PROPRIETOR, records of, how preserved, 124.
PROVISIONS AND DRINKS, unwholesome, 256.
PUBLIC BUILDINGS, committee on to be appointed, 352.

to have care, &c. of buildings belonging to city, 352.

proviso, 352.

to lease buildings, 353.

plan of buildings to be erected or repaired, to be prepared by, 353.

to publish notice, 353.

proposals of work to be sealed, 353.

how and when opened, 353.

not to be disclosed till contract is made, 353.

proviso, 353.

contracts exceeding five hundred dollars to b^ in writing, 354.

contracts to be signed by mayor, 354.

not to be altered unless, &c., 354.

expenditures not to exceed appropriations, 354. .

purchases of land to be under direction of committee, 354.

no building to be sold without order of city council, 354.

repairs to be done under committee, 354.

lease from Cumberland county to city of Portland, of city building,
354.
PUBLIC PARKS AND SQUARES, when municipal oflicers may take land
for, 359.

duty of municipal ofiicers before taking, 359.

appeal from estimate of damages, 360.

removing gravel from public grounds, 361. v

INDEX. ^ 675

PUBLIC PLACES, the word streets to include, 497.
PUBLIC SQUARES. See Streets, 497.
PUNISHMENTS. See Elections, 167, 168.

See Health, 254.

See Agent for Sale of Liquors, 50.

See Schools, 443, 445.

See Tramps, 535.
QUARANTINE. See Health, 253, 254.
RAILROAD CORPORATIONS. See Streets, 490, 491.
RAILROAD ENGINES. See Nuisances, 322.

See Streets, 490.

RAILROADS, Atlantic and St. Lawrence R. R. Co. aid to, act of 1848. Port-
land to loan its credit, 363.
act to be accepted by directors of company and by inhabitants of

city, 363.
city treasurer authorized to make and issue scrip ; in what quantities

scrij) may be delivered, 364.
whole amount not to exceed $1,000,000, 364.
prerequisites, 364.
proceeds of sale of scrip, 364.

bond to be given treasurer on delivery of scrip, 364.
collateral, 365.
lien created on railroad, 365.
sinking fund and its commissioners, 365.
bond of commissioners, 365.
their compensation, ^65.
how the fund shall be constituted, 366.
duty of commissioners, 366.
treasurer of fund, 366.
moneys belonging to fund, investment, 366.
fund to be reserved for redemption of scrip, 367.
when shares held as coDateral may be sold, 367.
if directors fail to pay into sinking fUnd, per centage on increase of

road, 367.
commissioners to sell collateral shares, 367.
conveyances and transfers, 368.
record to be kept by commissioners, 368.

676 INDEX.

EAILROADS, annual report, 368.

power of Supreme Judicial Court on complaint against commis-
sioners, 368.

if fund exceed amount of unredeemed iScrip, 368.

when act to take effect, 369.

act of 1850, city authorized to make a further loan to same railroad,
369.

when act to take effect, 369.

scrip to be issued, 369.

amount, 370.

date and how applied, 370.

bond of company for, 370.

security to be given if required, 370.

city not a stockholder, 370.

additional lien, 371.

sinking fund, 371.

how raised, 371.

reserved for specific purpose, 371. ^

shares in stock exchanged for scrip, 373.

commissioners to sell stock in certain cases, 373.

record, how kept, 373.

complaint, matters of, how adjusted, 374.

excess of sinking fund how applied, 374.

lien to be secured by mortgage, 374.

mortgage, how executed, &c. 375.

neglect of duty by directors, 375.

foreclosure of mortgage, 375.

city to take possession of the road in case the company omit to pay
the interest, 376.

notice how served, 376.

all money accruing to the road after notice given, to belong to the
city, 377.

penalty for misapplication of such money, 377.

writ of injunction to be issued, 378.

in case of neglect by company, city to appoint directors, 378.

act when to take effect, 378.

act of 1852, further loan by city of Portland, to same railroad, 379.

act not to take effect unless accepted by company and city of Port-
land, 379.

INDEX. 677

RAILROADS, return of votes, how made, 379.

city scrip, how issued and amount, 379.

return of votes, how made, 379.

city scrip, how issued and amount, 379.

application of scrip, 379.

scrip secured by penal bond, 379.

mortgage bonds equal in amount to scrip to be issued and secured
by deed of trust and mortgage of road, 380.

interest warrants cancelled on payment of interest, 380.

trustees authorized on non-payment of scrip to convey title to city
of Portland, 380-

city to hold the property conveyed as security, 381.

act of 1853, further loan by city to same railroad, 381.

when this act shall take effect, 381.

returns of ward meetings held in accordance with said axjt, how
made, 381.

issuance of scrip upon acceptance of act, 381.

amount of icrip under this act limited to $350,000, 382.

proceeds, how applied, 382.

payment, secured by mortgage of road, 382.

how recorded, 382.

failure to perform its conditions, 382.

act when to take effect, 382.

act of 1868, further loan under, 383.

city council may arrange for an extension of the company's obli-
gations, 383.

said council invested with additional powers, 383.

commission of sinking fund to receive contributions for a further
sinking fund, 383.

their powers, duties and succession, 383.

investments of funds, how made, 383.

upon mortgages of real estate, interest, 384.

contributions to sinking fund, when and how made, 384.

duties and liabilities of city treasurer in respect to such fund, 384.

city council may, upon petition provide for sinking ftind in Eng-
land, 384.

commissioners for latter fund, by whom appointed, 384.

payments and contributions to same, when made, 384.

its commissioners to be subject to regulations made by city council,
385.

fi78 INDEX.

RAILROADS, responsibility of railroad company regarding safe keeping and

application of funds, 385.
lien of city not impaired, 385.
act, when accepted, 385.
act of 1872 authorizing a loan by the city in aid of construction of

P. & O. Railroad, 385.
duties of city treasurer upon acceptance of act, 386.
penal bond from company to city, 386.
mortgage bonds of company also delivered to city, 386.
if any portion of scrip is unredeemed and outstanding at maturity

of bonds, francliise of company may be assigned to the city,

387.
sinking fund and commissioners, 388.
investments by commissioners, 389.
shares of company held by the city as collateral, 389.
record kept by commissioners, 390.
power of Supreme Judicial Court upon complaint of mayor and

aldermen or of directors of company against commissioners,

390.
in case sinking fund should exceed scrip unredeemed, 390.
bonds of city, when issued and in what amounts, 391.
when foregoing act to take effect, 391,

Portland and Forest Avenue Railroad Company, its charter, 391.
location, how determined, 392.
shall make no erections within tide waters, of Back Cove, without

&c., 392.
term of original location, 393.
renewal of terms, 393.

if at expiration of terms use of streets «&c. is granted any other cor-
poration, 393.
said corporation shall purchase &c., 393.
connection of similar corporation, 393.
compensation how determined, 394.
municipal officers of Portland and of Westbroak shall have power,

&c., 394.
corporation to keep streets in repair, 394.
penalty and punishment for obstructing its roads, capital stock,

amount and how divided, 395.
corporation may hold real and personal estate, 395.

INDEX. 679

RAILROADS, its railroad constructed under direction of city and town officers,

its grades and crossings, 395.
corporation authorized to issue bonds, 395.
approval of said bonds, 396.
how they are secured, 396.
sinking fund and its trustees, 396.
certain legislative acts made applicable to bonds, 396.
when act approved, 397.

act additional to the foregoing, railroad extended, 397.
capital stock increased, 397.
use of dummy engines authorized, 397.
corporate name changed, 397.
GEJfERAL Railroad Enactments.

city authorized to sell interest in or reorganize P. & O. Railroad or

P. & R. Railroad, 397.
any stockholder in any railroad may call for a stock vote at any

meeting of &c., 398.
towns may aid in constrncting railroads, 398.
may erect gates at railway crossings, 398.
taxation of railroad buildings, 399.
annual excise tai, 399.
how ascertained, 399.

governor and council to determine amount of such tax, 400.
when payable, 400.

applications and proceedings for abatement, 400.
duty of railroad commissioners, 401.
inconsistent acts repealed, 401.

railroad company may construct side tracks to mills, &c., 401.
railroad crossing railroad or canal, 402.
repair of bridges and abutments, 402.
paupers brought into State by, 402.
when city or town is entitled to director in, 403.
location of tracks, of Portland and Forest Avenue Railroad, 404.
routes of road, 404.
turn outs, 405.

tracks to be laid in or near centre of streets grades and curves, 405.
construction of tracks, 405.
company must pave between their tracks, remove snow and ice,

&c., 406.

680 INDEX.

General Railroad Enactments.

rules and regulations, 407.

additional location, 409.

A. & St. L. R. R. Co., agreement of October 31, 1868, 410.
REAL ESTATE, pews deemed to be, 124.
REBUILDING BURNED DISTRICT, bonds to aid in, 416.

four commissioners to negotiate loan, how appointed, 416.

compensation and duties, 416.

may loan on mortgage of real estate the proceeds of bonds, 417.

sinking fund, 417.

moneys to be invested in securities, 417.

vacancies, how filled, 417.
REBUILDING BURNED DISTRICT, removals, how made, 417.

supreme judicial court empowered to adjudicate upon complaints
against commissioners, 417.

city treasurer to have custody of moneys, his duties &c. 418.

accounts, records and reports, 418.

acceptance of act, 418.

bonds may be cancelled, 418.

order relating to bonds, 419.
RECORD, of sales by liquor agent, 50.

of doings of board of aldermen, see city clerk, 126.

of conventions of city council, 126.

intentions of marriage, 118.

of births and deaths, 119.

of mortgages of personal property, 121.

of Holmes' note, 122.

lien on building and lot, 122.

of attachment of vessels on stocks, 123.

of sales of personal property to enforce lien, 123.

proprietors records, how preserved, 124.

city clerk may make record of his own election, 125.

of lots sold. See Cemeteries, 107.

of licenses granted, 282.

of sinking fund, commissioners. See Railroads, 373.

of orders given under provisions in regard to trees. See trees, 539.
RECORDER. See Municipal Court, 314.
RECORDS of deaths and marriages. See City Clerk.

INDEX. 681

REMEDIES. See Taxes, 517.

REPRESENTATIVES TO LEGISLATURE, method of voting for. See

Elections, 164.
RESERVOIRS. See Fire Department, 194.
RESIDENCE. See Elections, 156.
RETURNS. See Elections, 163, et seq.
RIDING upon outside of carriages. See Carriages, 91.
RIOTS, if three or more persons, &c., 420.

one person may be convicted without the others, 421.

duty of magistrates and oflScers to disperse unlawful assembly, 421.

when rioters refuse to disperse, 421.

if any person is killed or wounded, officers held guiltless, 422.

punishment for pulling down houses or premeditated personal
injuries, 422.

liability of town for injury by mobs, 422.

in case of riot, marshal and officers to repair to place of riot, 423.

to use ower and authority to disperse mob, 423.
ROCKETS. See Fire Department, 193.
ROOFS, water from, ordinance, 153.
RULES AND ORDERS, 598 to 596.
SALE, of second hand articles, junk, &c., 424. ,

mayor and aldermen authorized to grant licenses to persons for
certain purposes, 424.

to designate place of business, &c., 424.

persons not licensed, liable, 424.

penalty, how recovered, 424.

cities may establish ordinances regulating, 425.
SAWING, wood upon sidewalks. See Streets, 495.
SCALES. See Weights and measures, hay, weigher of hard coal, weigher

of plaster.
SCHOOL AGENTS. See Schools.
SCHOOL COMMITTEE. See Schools.
SCHOOL FUND. See Schools.
SCHOOL INSTRUCTORS. See Schools.

682 INDEX.

SCHOOL RETURNS. See Schools.

SCHOOLS, towns may determine number and limits of school districts, 428.

school in a district may be suspended, 428.

how part of money may be expended, 428.

towns may choose agents, 428.

vacancies, how filled, 428.

school money may be paid only on written order of town officers on
vouchers, 428.

this provision does not apply to Portland, 429.

school money in Portland how paid, 429.

towns may abolish school districts, 429.

property, appraisal of, 429.

tax, how levied, 429,

remitted to district, 429.

powers and liabilities of districts to continue for certain purposes, 429.

duties of districts, 429.

districts to raise for school purposes not less than 80 cents per in-
habitant, 429.

towns neglected not entitled to State school fund, 430.

towns may provide school books, 430.

apportionment of school money among the smaller districts in the
several towns, 430.

towns to choose committee or supervisor, 430.
, superintending school committee may appoint one of their number
to perform certain duties, 431.

penalty for town failing to choose committee or supervisor, 431.

children required to attend public school twelve weeks in a year, 431.

exception, 431.

penalty for non-compliance, 431.

penalty to boy refusing to attend, 431.

duty of committee to enforce, 432.

mill tax for support of schools, 432.

how assessed and collected, 432.

distribution, 432.

any portion unexpended to be added to permanent school fund, 432.

cities and towns authorized to make laws concerning truants, 432.

persons appointed to make complaint, 432.

truants placed in suitable institutions, 433.

school committee of Portland how constituted, act of 1881, 433.

INDEX. 683

SCHOOLS, mayor to be chairman, 433.

not restricted as to wards, 433.

vacancy, how filled, 433. *

powers and duties of said committee, 434.

election of superintendent, 434.

estimates to be furnished city council, 434.

no member to receive compensation, 434.

powers not conferred upon committee vested in city council, 434.

inconsistent acts repealed, 434.

school committee to be sworn, 434.

school committee when first chosen shall arrange term of oflSce,

vacancies, 434.
duties of school committees, 435.
school week and month, 435.
examine candidates for instructors, 435.
give certificates to teachers, 436.
examine schools, 436.

may dismiss teachers for sufficient cause, 436.
give certificate in such cases, 436.
may expel disorderly scholars, 437.
may expel scholars not vaccinated, 437.
direct expenditures, 437.

prescribe sums to be paid in certain cases, 437.
may classify scholars, 437.
to make annual report, 437.
as amended, 437.
shall make annual statement, 437.

school district agents authorized to employ teachers, 439.
to notify school committee when school is to commence, 439.
to return lists of persons from 4 to 21 years of age, 439.
if he neglects, 439.

committee to furnish books if parents or guardians neglect, 439.
compensation for superintending school committee andsuper\asors,

440.
assessors or municipal officers to make sworn statement to state

superintendent, 440.
duties of instructors to keep school register, 440.
inculcate morality, justice and patriotism, 441.
penalty for disturbing schools, 441.

684 INDEX.

SCHOOLS, minor injuring schoolhouse, parents liable, 442.

penalty for defacing schools, 442.
• innliolders and shopkeepers not to give credit to students, 442.

general provisions relating to schools, 442.

acts relating to free high schools, 442.

in relation to school exercises and examinations, 442.

exercises and examinations, 442.

school committee to elect and remove instructors, 443.

to determine their salaries, 443.

to apportion salaries of instructors, 443.

children must be vaccinated before attending, 443.

required to attend, 443.

punishment for not attending, 443.

truant officer to be appointed, 444.

places of punishment, 445. '

hajDitual truants, 445.

punishment of children between the ages of 8 and 16, 445.

buildings, superintendent of, 445.

his duties, 446.

non-resident children, 446.
SEAL OF THE CITY, its motto, 448.

effect upon contract, 448.
SEALER OF WEIGHTS AND MEASURES, 565.
SECOND HAND ARTICLES, sale of, 424.
SELECTMEN. See Elections, 165.
SEWERS. See Drains and Sewers.
See Engineer, City, 131.
SHADES AND AWNINGS REGULATED. See Streets, 485.
SHEEP. See Streets, 489.
SHERIFFS. See Jurors and Riots.
SHINGLES. See Lumber, 297.
SHIPS. See Health, 253, 254.

See Harbor of Portland, 238.
See Gunpowder, 226.
SHOW BILL. See Buildings, 78.
SHOWS. See Amusements, 53.
SICKNESS. See Health, Infectious Diseases and Nuisances.

INDEX. 685

SIDE TRACKS. See Streets, 491.
SIDEWALKS. See Streets, 494, 495, 496, 497.
SIGNS, not to project into streets, 486.
SINKING FUND. See Railroads, 360.

commissioners of, 381.

committee on reduction of city debt, 450.

appropriations for payment of city debt, 450.

duty of auditor, 451.

committee may loan to city treasurer, 451.
SLEDS. See Carriages, 87.
SLEIGHS. See Carriages, 87.
SMALL POX.. See Health, 255, 256.
SNOW, to be removed from footway or sidewalk, 496.

this provision applies to snow falling from buildings, 497.

thrown into streets must be spread evenly, 497.
SNOW-BALLS, not to be thrown in streets, 484.
SOLDIERS AND SEAMEN. See Elections, 156, 159.

See Hawkers and Pedlers, 241.

See Liquor Agent, 49.
SOLE LEATHER. See Leather.
SOLICITOR, how chosen, qualifications, 452. .

duties, 452.

to commence and prosecute suits, 452.
SOLICITOR, to appear before legislature and committee thereof, 453.

to furnish legal opinions, 453.

to make aliuual reports to city council of unfinished business, 453.
SQUARES, the word street to include, 497.
STABLES, lively, buildings not to be occupied for, without direction of muni.

cipal oflicers, 75.
STANDING WOOD AND TIMBER, lien thereon for payment of taxes, 513.
STATE COMMISSIONER, liquor agents to purchase of, 50.

school fund. See Schools, 430.
STATIONERY AND BLANK BOOKS. See City Clerk, 127.
SOLDIERS AND SEAMEN, liquor agent not to sell to, 49.
STAVES. See Lumber, 298.
STONES AND MONUMENTS. See Cemeteries, 101.

6S6 INDEX.

STEAMBOATS. See Ferries, 176.

STEAM ENGINES. See Nuisances, 321.

STEAM HEATING COMPANY, charter of 1880, 454.

capital stock, 454.

privileges, 455, 456.

not to obstruct public travel, 454.

management by board of directors, 456.

authority to city after ten years, 456.

franchises continued, 457.

penalty for obstructing streets, 457.

actions against for injuring private property, 458.

in control of city, 458.

act to take effect vs^hen, 458.
STEELYARDS may be used after being sealed. See Weights and Meas-
ures, 565.
STEPS not to project into streets, 487.

STOCKHOLDER, city of Portland not. See Railroads, 370,
STONES, not to be throv^n in streets.
STOVEPIPES, when defective must be removed or repaired, 191.

if set on fire, penalty, 195.
STREETS, authority of city council, 463.

land damage, 464.

damages by laying out or widening streets, how apportioned, 465.

form of notice to owners of lots assessed, 466.

owner aggrieved by assessment, 467.

proceeding where no appeal and assessment not paid, 467.

recovery of assessment by action, 468.

original location of streets, how ascertained, 468.

persons may object to report, 468.

obstruction of, on public occasions, 468.

powers of county commissioners to include cities, 469.

excavations, how made 469.

damages by raising or lowering, 469.

sliding and coasting on, 470.

townways across or under railways, how built, 470.

when not at grade, 470.

INDEX. 687

STREETS, ways already laid out, 470.

costs may be taxed and allowed to either party at the discretion of

the court, 471.
majority of voters of town may re-instate town way discontinued by

. county commissioners, 471.
public highway may be constructed in Portland into tide waters, 472.
ferry-way and landing, 472.
towns may raise and assess money for bridges and ways as other

taxes, 472,
ways to be left open and in repair, 472.
ways on line between towns, 473.
how divided and repaired, 473.
municipal oflScers to assign limits to surveyors, 473.
towns raise money, 474.
persons injured by defect in highway may recover damages, act of

1877, 474.
amount of damages limited, act of 1879, 475.
slippery sidewalk no cause of action, 475.
notification of defect, 475.
buildings or fences existing twenty years on street or way deemed

true bounds, 476.
towns must maintain guide posts at crossings of ways, penalty, 476.
municipal officers to erect guide posts, penalty, 476.
in relation to laying sidewalks, 476.
names of streets to be continued, 477.
committee to lay out new streets, 477.
to estimate damages, 477.
to report to city council, 477.
commissioner of streets elected, 478.
sworn, compensation, and how removed and successor appointed,

478.
duties, 478.

to keep all streets safe and convenient for travellers, 478.
to attend to widening, alteration, repairs, &c., of streets, 488.
to make contracts, 478.
to have charge of teams, 478.

street commissioner's powers pass to commissioner of streets, 478.
must pay damages from his own neglect, 478.
must make himself acquainted with lines of streets, 479.

688 INDEX.

STREETS, shall make arrangements with overseers of alms house for supply
of labor, 479.
shall discharge all bills once a month, 479.
render account to board of aldermen, 479.
present annual account to committee of accounts, 479.
shall erect stone monuments and record them, 479.
removal of monument, penalty, 480.

land lots dangerous to travellers, to be fenced in, penalty, 480.
streets not to be dug up or gravel removed from without license,

penalty, 480.
when broken up, to be repaired, penalty, 481.
no drain or aqueduct to be opened or repaired without license,

penalty, 481.
when license granted, repairs must satisfy the commissioners, 481.
one half of street to be kept open, 481.
railing and light required, penalty, 481.
notice to be given of intention to erect or repair buildings on

streets, 482.
portion of street to be alloted, 482.

rubbish, &c., to be carried away at such times as mayor directs, 482.
neglected, to be removed at expense of person building, 482.
portion of street so alloted must be lighted, penalty, 482.
lumber, stones and building materials not to be placed in streets to

remain over six hours without permission of mayor and
, aldermen, penalty, 483.
such lumber, &c., may be removed at expense of owner, 483.
may be sold at auction if owner refuse to remove them, 483.
no person to blast rocks within fifty rods of street without license,

penalty, 483.
no person to play bat and ball or throw snow balls in streets,

penalties, 484.
no person to shoot with bow and arrow, or fly kites, penalties, 484.
no person shall coast upon a sled or skate on streets, penalty, 484.
gaming tables and devices not to be exposed on, 484.
nor play at unlawful games on, penalties, 484.
np person to swim or bathe in exposed situations, penalty, 484.
manure not to be taken from streets without permission of com-
missioner, penalty, 484.
streets shall not be obstructed by moving of buildings, 485.
building remaining in street beyond time of permit, 485.

INDEX. 689

STREETS, to be removed by city marshal, penalties, 485.

no goods or merchandise to project into streets, penalty, 485.

regulations as to awnings and shades, penalty, 485.

signs, &c., not to project into streets, penalties, 486.

making noises in streets, penalty, 486.

grinding cutlery in streets forbidden, penalty, 487.
. porticoes, porches, &c., not to project into streets, penalty, 487.

cellar doors, «S:c., 487.

not to remain open unless licensed, 487.

lights to be kept at entrances, penalties, 487.

entrance and steps to be secured with railings or chains, 487.

lights to be placed, penalties, 488.

aperture or coal holes not to be made without license, penalty, 488.

if left open, penalty, 488.

gratings in sidewalks not to extend more than eighteen inches,
penalties, 488.

mayor and aldermen may authorize the construction of coal holes
and gratings, 489.

not to extend more than three feet, 489. t

horses shall not be driven in street at faster rate than six miles an
hour, penalty, 489.

horse, cattle and swine running at large, penalty, 489.

horse s or other animals not to be frightened by persons wantonly
making noises, &c., penalty, 489.

speed of trains on Commercial St. regulated and bells of locomo-
tives to be rung, 490.

brakemen to be at brakes, 491.

penalties, 491.

articles to be unloaded on south east side of railroad track, 491.

not to obstruct streets leading to, or passage ways, 491.

after four o'clock in the evening may be unloaded on the northwest-
* erly side, 491.

engines, &c., not to obstruct streets or passage ways, 491.

side tracks or turnouts, not to be laid without permit of mayor,
491.

street commissioners to superintend the same, 492.

vessels or boats not be made fast to sea walls or coping stones, 492.-

not to lay so as jib-boom, &c., may project, 492.

articles not to be shipped or landed over coping stones, 492.

penalties, 492.

690 ' INDEX.

^STREETS, width of sidewalks regulated, 492.

sidewalks may be accepted after put in repair, 492.

sidewalks relinquished maintained at expense of city, proviso, 492.

bricks and sand to be furnished to lay sidewalks, 493.

to be laid under direction of street commissioners, 493.

specifications, 493.

when city council require sidewalks to be paved, 493.

city to assume one half the the expense, 494.

names of streets to be recorded 494.

alteration in sidewalks, 494.

posts and trees not to be set without consent, penalty, 494.

carriages, handcarts, &c., not to go on sidewalks, 494.

horses or other animals not to stand upon sidewalks, penalty, 494.

wood not to be sawed or split upon sidewalks, penalty, 495.

persons not to stand in a group upon sidewalk or cross-walks so as

to obstruct, penalty, 495.
refusing to move on, penalty, 495.

goods not to be placed upon sidewalks to obstruct, penalty, 496.
penalty after notice, 496.

snow to be removed from footway or sidewalk, 496.
penalty, 496.

provision applies to snow falling from any building, 497.
ice to be removed or covered with sand, penalty, 497.
thrown into streets to be placed evenly and broken into small pieces,

497.
word streets to include alleys, lanes, &c., unless, 497.
provisions of preceding section not to limit rights and duties of

street commissioners, 498.
Back Cove flats, 498.
lines and grades of streets, 498.
encroachments on, 499,
new and old grades, 499.
petitions for grades, committee to submit plans and estimates for

paving, 499.
numbering buildings and lots, 499, 500.
monuments, 500.
streets kept clear, 501.

opening, where w^ater or gas pipes are laid, 501.
excavations, 502.
further duties of commissioners, 602.

INDEX. 691

STUDENTS. See Elections, 156.
SUPERINTENDENT. See Cemeteries, 97.
See Health, 271, 272.
SUPREME JUDICIAL COURT. See Courts.
SURVEYORS OF LUMBER. See Lumber.
SWIMMING, so as to be exposed to view, 484.
SWINE, not to run at large. See Streets, 489.

TAXATION, exemption from. See Manufacturing Establishments, 305.
TAXES. See Assessors, in charter, 28, 29.

poll tax, on whom assessed, 510. •

real and personal property taxable, 510.

real estate, what is included, 510.

real estate of railroad corporations regarded as non-resident land,
510.

track not regarded as real estate, 510.

personal estate, what it includes, 511.

property of religious societies exempted to a certain extent, 511.

certain other property exempt, 511.

polls and estate of Indians and polls of persons under guardianship
exempted, 512.

manufacturing establishments with two thousand dollars invested
exempt for ten years, 512.

mines exempt, 512.

aqueducts, pipes and conduits in certain cases exempt, 513.

poll tax where assessed, 513.

standing wood and timber to whom assessed, 513.

lien created thereon, 513.

landlord and tenant to pay equally, 513.

personal estate taxable where owner resides, 514.

exenf^ted cases, 514.

goods, wares, merchandise and lumber, where taxed, 514.

machinery and real estate belonging to corporations, where taxed,
514.

mules, horses, neat cattle, sheep, sheep and swine taxed where kept,
514.

personal property of minors and wards assessed to guardians, 515.

personal property held in trust for a married woman by executor,,
admiristrator or trustee, 515.

692 INDEX.

TAXES, personal property placed in the hands of any corporation as funds in
trust, 515.

personal property of deceased persons, 515.

property held by religious societies, 516.

toll bridges taxed as personal property, stock of gas or water sup-
plying corporation, 516.

duties of assessors, 516.

clerks of corporations failing to make returns, 517.

franchise may be sold in certain cases, 517.

blood animals, 517.
« personal property of non-residents, 517.

lien in favor of person paying tax, 517.

remedy for paying more than proportion of tax, 517.

stock of companies invested, how taxed, 518.

mortgaged personal property, how taxed, ,618.

real estate of deceased persons, how taxed, 518.

partners, personal property, 519.

lands may be assessed to owners or tenants, 519.

part owner may be taxed and pay separately, 519.

assessments may continue to be made on same person till notice
given, 520.

property of certain corporation, for manufacturing, &c., where taxed,
520.

stock of banks where taxed, 520.

bank stock out of State, 520.

cashiers required to exhibit books, 521.

deliver certified copy of dividend, 521. j

shares to be taxed in the town where bank is located, when resi-
dence of holder is unknown, or out of the State, 521.

collector to give notice to cashier or president of bank, 522.

powers of collectors, 522.

actions maintained by treasurers of towns and cities, 522.

supplementary assessments may be made to correct mistakes, 522.

treasurer of State to issue warrant for State tax, 523.

what warrant requires, 523.

assessors to be governed by the rules established, 524.

assessors responsible for personal faithfulness only, 524.

collectors how chosen, 524.

fees and travel of collectors, 524.

collector to receive a warrant, 525.

INDEX. 693

TAXES, to give approved bond, 525. ^

constable or collectors to give receipt on demand, 525.

collector may sue in his own name> 525.

distrain if tax not paid, 525.

may imprison after twelve days' notice, 525.

without such notice in certain cases, 526.

when payable by installments and person about to remove, 526.

former collector to complete collection, 526.

shares in corporation may be distrained, 526.

oflScers of corporation to give certificate of shares, 526.

collector may collect in any part of State, 526.

may bring action of debt in certain cases, 527.

assessment not void if including sums for an illegal object, 527.

collections how made if non-residents of improved land, 527.

chattels of non-residents, 527.

collector impeded may demand aid, and person refusing is subject
to penalty, 528.

account of collections, 528.

collectors removing required to give up tax bills, 528.

penalty for refusing to deliver tax bills, 528.

when collector dies, 528.

sums over paid to be restored, 529.

State Treasurer may issue warrant against delinquent treasurer,
529.

towns to pay when collector fails to, 529.

assessors in such case to make new assessment, 530.

when action of debt may be maintained, and costs thereof, 530.

additional remedy against corporations, 530.

time fixed for paying tax, interest, 530.

election of assessors, their duties, 531.

treasurer of city of Portland shall be collector of taxes, 531.

advertisement of sale of real estate, 531.

publication of list, 531.

duty of assessors, 532.

treasurer and collector, 532.

See Assessors, 28, 29.
Railroads, 412.
Schools, 429.
TEACHERS. See Schools.
THROWING, stones or snow-balls in streets, 484.

694 INDEX.

TPIEATRICAL EXHIBITIONS. See Amusements.

TIMBER. See Lumber.

TOWNS, may provide for support of poor children, 112.

TOWN-WAYS. See Streets, 470.

TRAINS. See Streets, 491, 492.

TRAMPS, begging prohibited, 534.

definition of tramp, 534.

penalty, 534.

fees of ofiicers, 534.

punishment of tramp, 535.

entering a building, 535.

injuring a person, 535.

evidence, 535.

apprehension of, 535.

special constables, 535.

females, minors and blind persons not affected by act, 535.

advertisement of act, 535.

penalties, 536.

TREASURER, to keep record of lots in Evergreen and Forest City cemeteries,

99, 108.
to report to city council lots sold, 99, 108.
to execute certificates of lots, 97, 107.
to collect and receive rents, 182.
to receive fines and penalties, 182.
to proceed to collect accounts without delay, 182.
to report unsettled accounts to mayor and aldermen, 183.
to make up annual account to first day of April, 183.
to be a member of licensing board, 281.
bond of licensed person to be given to, 282.
fee for license to be paid to, 282.
• to keep set of standard weights, &c., 564.
to keep seal, 448. See City Auditor, Finance, Sinking Fund, Taxes,
to receipt to liquor agent, 51. See Agent.
See City Clerk, 126.

Finance, 183, 185.

Railroads, 382.

Drains and Sewers, 148.

Weights and Measures, 564.

INDEX. 695

TREASURER AND COLLECTOR. See Finance, 182, 183.
TREES, towns, cities and villages may make by-laws relating to, 537.

not a defect in the street, 537.

injury to, 537.

ornamental trees on streets not to be removed, &c., without consent
of mayor and aldermen, 538.

penalty if horses, &c., mutilate or destroy, 538.

shall not be injured without consent of mayor and aldermen, 538.

horses and animals shall not be fastened to, 538.

penalties, 538.

duty of city marshal to prosecute, 538.

fines and forfeitures thus collected to constitute a fund for replant-
ing trees, 538.

taken to be legally established, 538.

record, 539.
TRUANTS. See Schools, 432, 433, 444, 445.
TRUCKS. See Carriages, 87.
TRUSTEE. See Railroads, 380.
UNDERTAKERS. See Cemeteries, 104, 105.

Health, 272, 273.
UNLAWFUL ASSEMBLIES. See Riots, 420.
VACCINATIONS, 443, 256.
VACANCIES. See Elections, 163, 165.
VAULTS. See Health, 265.
VENIRE. See Jurors, 288.
VESSELS, on stocks, attachment of, 123.

anchored contrary to rules. See Harbor of Portland, 239.
VICTUALERS. See Innholders, 281.
VINEGAR, adulteration of, 540.

use of bad ingredients, 540.

inspectors of, 540.
VOTERS, persons not, cannot act as auctioneers, 59.

penalty for not summoning. See Constable, 166.

who are legal. See Elections, 157.
VOTES, returns of. See Elections, 161, 162, 163.

how to determine highest number of, 170.
WAGONS. See Carriages, 87.

696 INDEX.

WARD CLERK. See Charter.
WARDEN, pro tern, may be chosen, 164.

for islands. See Elections, 169.
See Charter, '34.
See Wards, 541.
WARD MEETINGS, notice of, by city clerk, 36.

See Elections.

See Railroads, 384.
WARD ROOMS. See Constable and Messenger, 109.
WARDS, division of city into, 541.

wardens and clerks, 541.

ward meetings how called, 542.

ISLAND, 170, 642, 543.

city wards may have their limits changed, how, 543.
WARRANTS. See Municipal Court, 315.

See Elections, 158, 172.
WATCH AND WARD, 546.
WATER, from roofs. See Ordinances, 153.

incorporation of Portland Water Co. 547.

its purpose and powers, 547.

liability to damages, 547, 548.

capital stock, 548.

rights of city of Portland, 548.

authority to lay pipes, 548.

powers of city in the company, 550.

penalty to the company for obstructing streets, injuring property
and corrupting waters, 551.

erection of dams, 551.

power of mayor and aldermen, 552.

first meeting, 552.

corporation may issue bonds, 552.

city may exempt from taxation for six years, 552.

an act additional to charter of company, 552.

contracts made binding, 552.

court of equity to compel performance, 553.

board of commissioners, 553.

time for completion of work, 553.

ordinances, 554.

INDEX. 697

WATER, regulations of company, 557.

permits, 557.

when streets shall be broken into, 558.

damages, 558.

control of street commissioner, 559.

when work to be done, 559.

obstructions deemed nuisances, 559.

pipes of, water and of gas company. See Streets, 501.

laid at expense of company, 559.

penalty for injuring property of company, 560.
WATERING TROUGHS, abatement for, 561.
WAYS. See Streets.
WATCHMAN. See PoUcemen, 349.
WEIGHERS AND G AUGERS, appointed and sworn, 562.

duties and fees, 562.

shall pay for use of scales, 563.

persons not authorized so acting, penalty, 563.
WEIGHERS OF HAY. See Hay.
WEIGHER OF HARD COAL, how chosen, 567.

appointed and sworn, 567.

duties, 568.

penalties, 569.

compensation, 569.

coal must be sold by weight, 569.
WEIGHER OF PLASTER, election and compensation of, 570.

scales provided by city and bonds given by measurer, 570.
WEIGHTS AND MEASURES, town seal and standard beams, weights and
measures kept by town treasurer, 564.

appointment of sealers and penalty for refusing to act as, 565.

sealer's duties and penalty for neglect to perform, 565.

what scales may be used, 565.

measures for articles sold by heaped measure, 566.

fee of sealers, 566.

by whom paid, 566.
WELLS, offensive substances must not be thrown into. See Health, 266.
WELLS AND PUMPS, penalty for injury to, 571.

wasting water from, 571.

698 INDEX.

WHARVES, restrictions on extent of, 572.

notice for construction of, 572.

Atlantic and St. Lawrence, 572.

wharf line established, 572.
"WINDOWS, must not project into streets, 487.
WITNESSES, mayor and aldermen may compel attendance of, in some cases,

42, 43.
WOOD, not to be sawed or split on sidewalks. See Streets, 495.
WOOD, BARK AND CHARCOAL, towns may regulate the measure and sale
of, 574.

dimensions, 574,

penalty of selling, before survey, 575.

brought by water, how measured, 575.

ticket stating quantity and name of driver, 575.

fraudulent stowage of, penalty, 575.

how charcoal may be measured and sold, 576.

coal baskets to be sealed, dimensions, 576.

penalty, 576.

seizure of unlawful baskets, 576.

measurer, refusing to give certificate, penalty, 576.

measurers of firewood and bark, how chosen, 576.

measurement divided into two branches, 577.

wood and bark brought into city by cart, 577.

city divided into two districts, 577.

measurer must give tickets and keep record thereof, 578.

teams with wood or bark not to stand in street longer than ten
minutes, 578.

cattle not to be fastened to post, 578.

wood not to be unloaded or piled in market, 578.

seizors of baskets how appointed, 578.
WOODEN BUILDINGS, restrictions on constructing, 77.
WORK HOUSES. See Paupers, 327 and page 579.
WRITS. See Municipal Court, 314.

„, B» '«' "'■"

•^J / ^^ i

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Books

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "The charter and ordinances of the city of Portland, together with acts of the Legislature relating to the city, and to municipal matters"

See other formats