TH E CHARTER AND ORDINANCES OF THIE CITY OF PORTLA ND, TOGETHER WITH THE ACTS OF THE LEGISLATURE, RELATING TO THE CITY, COLLATED AND REVISED BY AUTHORITY OF A JOINT COMMITTEE OF THE CITY COUNCIL. PORTLAND, T[E.: N. A. FOSTER, CITY PRINTER. 1868. CITY OF PORTLAND. IN BOARD OF M[AYOR AND ALDERMEN, APRIL 1st, 1867. ORDERED, That a committee of two on the part of this Board, with such as the Common Council may join, be raisedl, ho shall be hereby authorized and elpowered to cause the ordinances of the city to be revised, collated and arranged, and to prepare the same for publication, together with the city charter and such statute laws as imay be applicable to the proper administration of the municipal affairs of the city, and to prepare suitable abstracts and marginal notes to each section, with a copious index to the whole. And said committee are further authorized to employ some person of suitable legal attainments to aid them in said revision, and they are required to report to the city council from time to time as said work is progressed with, and to complete the revision as soon as may be practicable. Read and passed, and aldermen Bailey and Rice were appointed. Sent down. Concurred, and joined Mlessrs. Colesworthy, Dow and Burgess. Approved: Attest: J. 3I. HEATH, City Clerik. A true copy of records: Attest: J. M. HEATH, City Clerlc. PREFACE. The city government, the legal profession, and all others who have had occasion to refer to the municipal ordinances, have for a long time realized the imperative necessity of a new and carefully prepared edition. In the year eighteen hundred and forty-eight, for the first time, we believe, the ordinances of the city were collected, arranged and published in a volume. In the year eighteen hundred and fifty-five, a committee of the city council was appointed to revise and cause to be printed the city ordinances, which labor was performed in a full and very satisfactory manner. Since that period, however, the rapid and steady growth of the city in population, commerce, buildings and general enterprise, has required a large amount of additional legislation to meet the pressing needs of the times. Especially has this been the case since the great fire of July 4, 1866, a calamity which demanded new ordinances in relation to the fire department, wooden buildings, the enlargement and straightening of streets, the location of new streets, and various other public and private interests growing out of the unprecedented state of city affairs. VI PREFACE. The numerous ordinances, and amendments to ordinances, that have been passed, as well as the repeal of ordinances, since the year eighteen hundred and fifty-five, have been made known to the public only through the casual mode of newspaper advertisements and the annual municipal registers. These very soon became almost inaccessible. But added to this is the fact that, by the great fire, nearly every copy, both of revised ordinances and municipal registers, was destroyed. It has been, consequently, at times very difficult, in some cases, to decide precisely what the provisions of ordinances upon particular subjects were. In view of these circumstances, the city council, by their order passed the first day of April, in the year eighteen hundred and sixtyseven, raised a committee " to cause the ordinances of the city to be revised, collated and arranged, and to prepare the same for publication, together with the city charter and such statute laws as may be applicable." In accordance with the above authority, the present volume has been prepared. The former volumes have contained the various special acts giving express powers to the town and city of Portland. As the act of the legislature passed in the year eighteen hundred and sixty-three, entitled " An act to confer certain powers on the city of Portland," incorporated within itself full powers, the prior acts are omitted as unnecessary and cumbersome. It has been found somewhat embarrassing to determine what general laws of the State should be included in this volume. Great care and deliberation have been exercised in their selection; but we may, nevertheless, have failed to insert some that are of importance. We have been restrained to a certain extent by the consideration that if all that PREFACE. VII seemed to have a bearing upon local municipal affairs were inserted, the volume would be too large. The revision of the ordinances, as contemplated by the order of the city council, will be found to be of a very limited nature. The changes made are mainly verbal, besides such modifications as were necessary to conform to the provisions of the new city charter. The alterations in the fundamental law of the city made corresponding alterations in the municipal laws unavoidable. Where no changes seemed necessary, the ordinances have been printed from the official copy; but where there are several on one subject, they are combined into one ordinance, and numbered continuously; but in all instances the dates of their passage, or of amendments, are given in the margin. CONTENTS. Page. List of ordinances in this volume, - 11 City charter and amendments, 25 Agents, - 45 Alien passengers, - - 49 Amusements, - - 53 Auctions and auctioneers, - - - - - 55 Boats and lighters, - - - - - - - - 59 Boundary lines, - - 61 Bread, assize of, - - - - - - 65 Bridges, - - - 66 Buildings, - - - - - - - 3 Carriages, - - - 77 Cemeteries, - - 89 City auditor, - - - 99 City clerk, 103 City constable and messenger, 108 City council, - 109 City engineer, - - 110 City (now -Market) Hall, - - 112 Clerk of the common council. - - I - 114 Constables, - -. 115 Contracts and expenditures, 116. Cows, - - - 7 Criers, 1 119 ogs, - - - 120 X CONTENTS. Page. Drains and sewers, 122 Elections, - 131 Ferries, - - 146 Finance, 150 Fire, - - 153 Gunpowder, - - - - 171 Harbor of Portland, - - 176 Hawkers and pedlers, - - - - - - - 183 Hay, - - 186 Health, - - - - - - - - 189 Histories of cities and towns, - - 216 House of Correction, 217 Innholders and victualers, - - - 220 Inspection of flour, - - 223 Intelligence offices, - - - - - - - - 226 Jurors, - - - - - 227 Lamps and lamp posts, - - - - - - - 232 Leather, - - - - - - 233 Libraries, - - - - - - - 235 Lumber, - - - 236 Lunatics, - - - 242 Manufacturing establishments, - - - - - 247 Municipal court, - - 249 Nuisances, - - - 254 Ordinances and by-laws, - - 259 Paupers, - - - - - - - - - 261 Pawn brokers,.. - 269 Permits, - - - - 271 Petroleum, inspection of, - - - 272 Pilots, - 274 Police, - - - 276 Portland and Forest Avenue Railroad, 283 -Public buildings, - - 289 Rebuilding of burned district, - 292 Riots, - - - - 296 Sale of second hand articles, - 300 Schools, - - 301 CONTENTS. XI Page. Seal of the city, - - 312 Sinking fund, - - - - - - - - 313 Solicitor, - - - - - - - - - 315 Streets, - - - - - - - - 317 Surveyor of stone, - - - - - - - 347 Taxes, - - - 348 Trees, - - - - - - - - - 31 Truants, - - - - - - - - - 353 Wards, - - 356 Watering troughs, - - - - - - - 360 Weighers and gaugers, - - - - - - - 362 Weights and measures, - - - - - - - 364 Weigher of hard coal, - - - - - - - 367 WVeigher of plaster, - - - - - - - 370, WVells and pumps, - - - 371 Wharves, 372 Wood, bark and charcoal, - - - - - - 374 Ordinance in relation to revised ordinances, 381 APPENDIX. Acts authorizing the City of Portland to aid in the construction of the Atlantic & St. Lawrence Railroad, - - - - - 385, 392, 402, 406 Act respecting conveyances taken by the commissioners of the sinking funds of the Atlantic & St. Lawrence Railroad, - - - - - - - - 409 Acts of incorporation of Portland Gas Light Company, 410, 417, 419, Acts to incorporate the Portland & Forest Avenue Railroad Company, - 421, 427 Catalogue of city government, 431 LIST OF ORDINANCES CONTAINED IN THIS VOLUME. Page. 1. Rules and orders of mayor and aldermen in relation to form of receipt on receiving head money for foreign passengers, - - 50 2. An ordinance concerning auctions in streets, - - 58 3. An ordinance concerning buildings, - - - - 74 4. An ordinance concerning carriages, - - - - 79 5. An ordinance concerning cemeteries, - - - - 90 6. An ordinance concerning city auditor, - - - - 99 7. An ordinance concerning city clerk, - - - - - 106 8. An ordinance concerning city constable and messenger, - 10S 9. An ordinance concerning city council, - - - - 109 10. An ordinance concerning city engineer, - - - 110 11. An ordinance concerning city (now Market) Hall, - - - 113 12. An ordinance concerning clerk of common council, - - 114 13. An ordinance concerning contracts and expenditures, - -116 14. An ordinance concerning cows, - - - - - 117 15. An ordinance concerning criers, - - - - - 119 16. An ordinance concerning dogs, - - - - - 121 17. An ordinance concerning drains and sewers, - - - - 128 18. An ordinance concerning elections, - - - - 144 19. An ordinance concerning finance, - - - - - 150 20. An ordinance concerning fire, - - - - - 159 21. Rules and regulations for the government of the fire department, 161 22. Rules and regulations relating to gunpowder, - - 174 23. An ordinance concerning the harbor, - 180 XIV LIST OF ORDINANCES. Page. 24. An ordinance concerning hay, - 187 25. An ordinance concerning health, - - - 204 26. An ordinance concerning lamps and lamp posts, - - - 232 27. An ordinance concerning ordinances and by-laws, - - 259 2S. An ordinance concerning permits, - 271 29. An ordinance concerning police, - 278 30. An ordinance concerning Portland and Forest Avenue Railroad, 283 31. An ordinance concerning public buildings, - - - - 288 32. An ordinance relating to city bonds for loans to rebuild burned district, - - - 295 33. An ordinance concerning riots, - - - - - 299 34. An ordinance concerning schools, - - - - 310 35. An ordinance concerning seal of the city, - - - 312 36. An ordinance concerning sinking fund, - - - 313 37. An ordinance concerning solicitor, - - - - 314 38. An ordinance concerning streets, - - - - 324 39. Regulations respecting the laying of gas pipes in streets, - 344 40. An ordinance concerning surveyor of stone, - 347 41. An ordinance concerning taxes, - - - - - 350 42. An ordinance concerning trees, - - - - - 352 43. An ordinance respecting habitual truants, and children growing up in idleness and ignorance, - - - - - 354 44. An order concerning wards, - - - - - - 358 45. An ordinance concerning weighers and gaugers, -- 362 46. An ordinance concerning weigher of hard coal, - - - 368 47. An ordinance concerning weigher of plaster, - - - 370 48. An ordinance concerning wells and pumps, - 371 49. Order establishing a wharf line, - - - - - 373 50. An ordinance concerning wood, bark and charcoal, - 376 51. An ordinance in relation to the revised ordinances, - - 381 INDEX TO CITY CHARTER. [The Figures refer to the Numbers of Sections.] ABUTTORS, to pay two-thirds cost of drains, 24. 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. pro tem., 14. to appoint time of ward meetings, 17. to warn general meetings of voters, 18. no salary, 19. ineligible to other city offices of pay, 19. to approve bond of treasurer, 20. may temporarily forbid passing in the streets, 22. make drains, &c., 24. duties relating to acceptance of charter, 26. APPROPRIATIONS, all orders to state what, 7. moneys to be put to no other purpose, 19. ASSESSORS, election of, 8. ASSISTANT ASSESSORS, election of and duties, 8. BOATS, SAIL, license of, &c., 16. BONDS OF OFFICERS, 7, 20. BUILDINGS, &c., care of, 7. BY-LAWS, &c., may be ordained, 1. old in force, 25. CELEBRATIONS, assessment of money for, 16. 2 INDEX TO CITY CHARTER. CITY COUNCIL, how constituted, 2. papers from mayor to, 4. to fix salaries, 3, 6. care of buildings and property, 7. to collect, &c., taxes, 8. to lay out, &c., &c., streets and sidewalks, 9. to determine regular and special meetings, 13. may offer rewards, 16. wrecks and ice in harbor, 16. sail 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, 21. to lay side walks, &c., 23. CERTIFICATES OF ELECTION, 13. CITY ENGINEER, to locate streets, 21. CITY CLERK, filing of papers, 9. duties of, 17, 18. to make record of elections, 13. to make record of streets, 21. pro tem., 17. CLERK OF WARDS, 11, 12, 13, 15. COMMION 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 council, 6. CONSTABLES, 12, 13, 15. CONVENTIONS JOINT, 6, 13. CORPORATE POWERS, rights, &c., same as formerly, 1, 5. COURTS, appeal to, 9, 24. 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. INDEX TO CITY CHARTER. 19 ELECTIONS, each board to judge of its own members, 5. provisions for vacancies, 5. of city officers, 12, 26. annual provision for, 13. postponement of, 13. FIRE DEPARTMENT, powers of vested in, 5. FOURTH JULY CELEBRATION, 16. GRIEVANCES, redress of, 18. HEALTH DEPARTMENT, vested in, 5. officers appointed, 6. HARBOR COMMISSIONERS, 9. line of, 22. HARBOR, wrecks, and ice in, 16. wharf extensions, 22. INHABITANTS, corporate powers, &c., of, 1, 5. to vote on charter, 26. ISLAND WARD, 15. JUSTICE OF PEACE AND MUNICIPAL OFFICERS, 13. LAYING OUT STREETS, &c., 9. 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. MEETINGS, general, of voters, 18. of board, general and special, and ordinance on, 13 and 14. MONEYS, how to be paid, 7, 19. OATHS OF OFFICERS, 2, 13. OBSTRUCTIONS, in streets, 10. OFFICERS, subordinate, appointment and removal, 5, 6, election of, 12, 26. 20 INDEX TO CITY CHARTER. 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. 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. 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. 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. REPEAL OF ACTS, inconsistent, 25. REPRESENTATIVES, instructions to, 1S. 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. 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. SUBORDINATE OFFICERS, see officers. INDEX TO CITY CHARTER. 21 TAXES, ASSESSORS, &c., 7. 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 assessment on drains, &c., 24. alone to collect taxes after 1863, 20. VACANCY IN MIAYOR'S OFFICE, 4, 13. in boards, 5. in subordinate offices, 6. VETO OF MAYOR, 4, 14. 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. WARD MEETINGS, how called, &c., 11, 13, 17. for acceptance of charter, 26. WARDENS AND CLERKS, choice of, &c., 11, 12, 13, 15. duties, &c., 11, 13, 15. assistants, 11. WARRANTS ON TREASURER, 20. WATCH AND WARD, vested in, 5. WHARVES, extension of, 22. WIDENING, &c., streets, 9. C CITY CHARTER. AN ACT TO CONFER CERTAIN POWERS ON THE CITY OF PORTLAND. Be it enacted by the Senate and House of Representatives, in Legislature assembled, as follows: SECTION 1. The inhabitants of Portland shall continue to be a body politic and corporate by the name of the Corporate powcity of Portland, and as such shall have, exercise, and ers. enjoy all the rights, immunities, powers, privileges and 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 Power to make by-laws. municipal purposes, and impose penalties for the breach Penaltis. thereof, not exceeding one hundred dollars, to be recovered for such uses as the municipal authorities may appoint. SEC. 2. The administration of all the fiscal, prudential and municipal affairs of said city, with the government thereof, shall be vested in one principal magistrate to be styled the mayor, and one council of seven to be denomi- Mayor. nated the board of aldermen, and one council of twenty-one Aldermen. to be denominated the board of common council, all of whom Council. shall be inhabitants of said city; which board shall constitute and be called the city council; and shall be sworn or affirmed in the form prescribed by the constitution of the State for State officers. 26 CITY CHARTER. SEC. 3. The mayor of said city shall be the chief executive magistrate thereof. It shall be his duty to be Duties of May- vigilant and active in causing the laws of the State, and or. 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. SEC. 4. Every law, act, ordinance, resolve or order, Laws, &c., tobe requiring the consent of both branches of the city council, approved by excepting rules and orders of a parliamentary character, Mayor. 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. If upon such reconsideration it shall be passed by a vote of two-thirds of all the members of that branch, it shall be eto power 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. Executive pow- SEC. 5. The executive powers of said city generally, ers,te in whom and the administration of police and health departments, with all the powers of selectmen, except as modified by 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 departments into one department and establish suitable regulations for the government of the same. The officers of police 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. 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 aldermen, and common council of said city, to be exercised by concurrent 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. SEC. 6. The compensation of all subordinate city officers Compensation. 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 by them for and removals. 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 otherwise specially Election of subprovided in this act, all subordinate officers shall be elected ordinate offiannually on the second Monday of March, or as soon thereafter as may be, and their term of office shall be for one year, and unitil others are qualified in their place. All vacancies may be filled by the board having authority to elect. 28 CITY CHARTER. SEC. 7. No money shall be paid out of the city treasury except on orders drawn and signed by the mayor, designating the fund or appropriation from which said orders are to be paid, nor unless the same shall be first granted Powers of City Council. or appropriated therefor, by the city council; 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 expenditures, and a schedule of city property. SEC. 8. The assessors shall continue to be elected on Assessors. 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 Assistant Assessors. 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 prescribed 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 CITY CHARTER. 29 thereof and of interest thereon. There shall be elected at the first election of subordinate officers under this act in MIarch, twelve persons for overseers of the poor and work- Overseers of house, four of whom shall be elected for one year, four for Poor. two years, and four for three years; and all subsequent annual elections shall be for the term of three years. SEC. 9. The city council shall have exclusive authority to lay out, widen or otherwise alter, or discontinue any Streets. 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 damage 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 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 office at least seven days previous to its acceptance by 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, excepting upon the report of said committee. The committee shall estimate and report the damages sustained by 30 CITY CHARTER. Damagesinlay- the owners of the lands adjoining that portion of the street ing out streets. 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 Appeals. 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 recobvred, with costs to the party prevailing 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 established, altered or discontinued, excluding the day of commencement of the session of said court. The appellants 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 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 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 taken by remov CITY CHARTER. 31 ing 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 Sidewalks, &c. 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. SEc. 10. The mayor may on such terms and conditions as he may think proper, authorize and empower any person Obstructing or corporation to place in any street, for such time as may streets be necessary, any materials for making or repairing any street, sidewalk, cross-walk, bridge, water-course or drain, or for erecting, repairing, or finishing any building or fences, or for laying or repairing gas or water pipes, pro- Gas-pipes. vided that not more than one-half of the width of the street shall be so occupied. And such material so placed by virtue of any license obtained as aforesaid, shall not be considered an incumbrance or nuisance in such street; and the city shall not be liable to any person for any damages occasioned by such materials. SEC. 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 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 respective duties by any justice of the peace of the city; and a certificate of such oaths or affirmations having been administered, shall be entered by the clerk on the records of the ward. The warden shall preside at all ward 32 CITY CHARTER. meetings, with the powers of moderators of town meetings. If 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 pro tern. shall be chosen. If both are absent, or shall refuse to act, a warden and clerk pro tem. 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. SEc. 12. The mayor shall be elected by the inhabitants Election ofity of the city, voting in their respective wards. One alderofficers. man, three common councilmen, a warden and clerk, and two constables shall be elected by each ward, being residents in the ward where elected. All said officers shall be elected by ballot by a majority of the votes given; and shall hold their offices one year from the second Monday in March, and until others shall be elected and qualified in their places. All city and ward officers shall be held to discharge the duties of the offices to which they have been respectively elected, notwithstanding their removal after their election out of their respective wards into any other wards in the city; but they shall not so be held after they have taken up their permanent residence out of the city. SEC. 13. On the first Monday in March annually, the Same. qualified electors of each ward shall ballot for mayor, one alderman, three common councilmen, a warden and clerk, and two constables, on one ballot. The ward clerk, within twenty-four hours after such election, shall deliver to the CITY CHARTER. 33 persons elected certificates of their election, and shall forthwith deliver to the city clerk, a certified copy of the record of such election, a plain and intelligible abstract of which shall be entered by the city clerk on the city records. If the choice of any such officers is not effected on that day, the meeting shall be adjourned to another day, (not more than two days thereafter,) to cmplete such election, and may so adjourn from time to time, until the election is complete. The board of aldermen shall, as soon as conveniently may be, examine the copies of the records of the several wards, certified as aforesaid, and shall cause the person who shall have been elected mayor by a majority of the votes given in all the wards, to be notified in writing of his election. But if it shall appear that no person shall have been so elected, or if the person elected shall refuse to accept the office, the said board shall issue their warrants for another election; and in case the citizens shall fail on a second ballot to elect a mayor, the city council in convention shall, from the four highest candidates voted for at the second election and returned, elect a mayor for the ensuing year; and in case of a vacancy in the office of mayor by death, resignation or otherwise, it shall be filled for the remainder of the term by a new election in the manner herein before provided for the choice of said officer. The oath or affirmation prescribed by this act shall be administered to the mayor by the city clerk or any justice of the peace in said city. The aldermen and common councilmen elect, shall on the second Monday in March, Organization. at ten o'clock in the forenoon, meet in convention, when the oath or affirmation required by the second section of this act shall be administered to the members of the two boards present, by the mayor or any justice of the peace after which the board of common council shall be organized by the election of a president and clerk. The city council shall, by ordinance, determine the time of holding stated or regular meetings of the board, and shall also, in like 34 CITY CHARTER. manner, determine the manner of calling special meetings and the persons by whom the same shall be called; but until otherwise provided by ordinance, special meetings shall be called by the mayor by causing a notification to be left at the usual residence or place of business of each member of the board or boards to be convened. SEC. 14. After the organization of a city government and the qualification of a mayor, and when a quorum of the board of aldermen shall be present, said board, the mayor presiding, shall proceed to choose a permanent Chairman ofAl- chairman who, in the absence of the mayor, shall preside dermen. at all meetings of the board, or at conventions of the two boards, and in case of any vacancy in the office of mayor, he shall exercise all the powers and perform all the duties His powers. of the office so long as such vacancy shall remain; he shall continue to have a vote in the board, but shall not have the veto power. The board of aldermen, in the absence of the mayor and permanent chairman, shall choose a president pro tern., who shall exercise the powers of a permanent chairman. SEC. 15. In addition to the seven wards, the several islands within the city of Portland, are so far constituted Island ward. a separate ward as to entitle the legal voters thereon to choose a warden, ward clerk, and one constable, who shall be residents on said 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 CITY CHARTER. 35 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 meetings of the voters of said island ward, for choice of municipal officers, shall, after the business of the meeting is transacted, stand adjourned for two days to determine whether an election has been effected; and adjournments may be had, not exceeding two days at any one time, until 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 tempore. Or in case of failure or omission to elect a warden or clerk, said officers may be chosen at any legal meeting duly called in said ward. SEC. 16. The city council, in behalf of the city, may offer rewards for the prevention of crimes or detection of Powers of City criminals. They may remove all sunken wrecks in the Council. harbor or its entrances, and dispose of the same to defray the expense of removal, and may at the expense of the city cause its harbor to be kept open and unobstructed by ice. They may also require all sail boats not under register or license, kept for hire in said harbor, to be examined and licensed for that purpose, and to be furnished with air-tight compartments; and may establish such regulations respecting such boats as they may deem expedient. They may also make and enforce by penalties, regulations respecting the enclosure of lots abutting on any street or way in the city, which may for want of such enclosure be dangerous to the public; and after notice to the owners or lessees of such lots, may, if the same are not enclosed in a reasonable time, cause the same to be enclosed at the expense of the owners or lessees. They may make regulations relative to the assize of bread sold, or offered for sale within said city. They may assess money for celebration 36 CITY CHARTER. of the anniversary of our national independence, and other public celebrations. SEC. 17. The city clerk shall be clerk of the board of Oity clerlk, his duties. aldermen. He shall perform such duties as shall be prescribed by the mayor and aldermen or the city council, and shall also perform all the duties and exercise all the powers now incumbent on him by law. He shall give notice in two or more of the papers printed in said city, of the time and place of regular ward meetings; the time of such meetings when not fixed by law shall be determined by the board of aldermen. In case of the temporary absence of the city clerk, the mayor and aldermen may appoint a city clerk pro tern. SEC. 18. General meetings of the citizens qualified to Meetingsofciti- vote in city affairs may, from time to time, be held to conzens. suit upon the public good, to instruct their representatives, and to take all lawful measures to obtain redress of any grievances, according to the right secured to the people by the constitution of this State; and such meeting shall be duly warned by the mayor and aldermen upon requisition of sixty qualified voters. The city clerk shall act as clerk of such meetings, and record the proceedings upon the city records. SEC. 19. The aldermen and common councilmen shall No coipensa- not be entitled to receive any salary or other compensation tion, Sco. during the year for which they are elected, nor be eligible to any office of profit or emolument, the salary of which is payable by the city; and all departments, boards, officers and committees, acting under the authority of the city, and entrusted with the expenditures of public money, shall expend the same for no other purpose than that for which it is appropriated; and shall be accountable therefor to the city, in such manner as the city council may direct. SEC. 20. The treasurer of the city of Portland shall also be the collector for said city, with all the powers of collectors of taxes under the laws of this State. He shall CITY CHARTER. 37 be styled treasurer and collector, and shall give but one bond, said bond to be approved by the mayor and aldermenj for the faithful performance of his duties; and may Powers ofnd duappoint assistants and deputies as provided by law. All Irer. warrants directed to him by the assessors and municipal officers shall run to him and his successors in office, 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 continued and completed by his successor in office as though done by himself; and all unreturned warrants, which would otherwise be returnable to him, shall be returned to his successor in office. These provisions shall apply in all respects to the uncollected taxes of said city, assessed in the year eighteen hundred and sixty-three, but shall not in any way be construed to effect the collection of taxes assessed in'other previous years. SEC. 21. The original location of all streets and ways in said city shall, once in ten years, or oftener, be ascer- Location of tained by the city engineer, under the direction of the streets. city council, as accurately as practicable, the location of different streets being ascertained by him from time to time, when expedient. TIe 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 papers 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 38 CITY CHARTER. 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 for 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 primafacie evidence of the place of the original location of said street. SEC. 22. The mayor and aldermen of said city may passing of on public occasions, by their order, forbid the passing, horses, &c., in temporarily, of horses, carriages or other vehicles, over streets. or through such streets or ways in said city, as they may deem expedient. No existing wharf in Portland shall be extended into the harbor a greater distance below low water mark than the same now exists, and hereafter no such new wharf shall be extended below low water mark into the wharves.ion of harbor, without, in either case, the written assent of the mayor and aldermen. No wharf or incumbrance shall hereafter be erected or extended into said harbor beyond the harbor commissioners' line. SEC. 23. The city council of Portland may require the owner of any lot of ground fronting on any street or Paving Side- way in said city, to cause the footway' or sidewalk in front walks. of said lot to be paved with bricks or flat stones, with suitable curb stones, the same to be done under the direction, and to the approbation, of the committee on streets. If the owner of such lot shall neglect to pave the same as aforesaid, and provide such curb stones, for the space of twenty days after he, or the tenant of such lot, shall have been thereto required in writing by the commissioner of streets, it shall then be the duty of said CITY CHARTER. 39 commissioner to procure the curb stones and pave the sidewalk or footway; and the city shall have a lien on the property for expense thereof, to be' enforced as in the following section. The city council before requiring any such sidewalk or footway to be so paved, shall by a general ordinance assume a portion of said expense to an amount not less than one-half thereof, to be paid by the city in money or materials, but no owner or proprietor shall be required to construct as aforesaid, more than two hundred feet in length of sidewalk or footway, in any one street in front of any unimproved lots or parcels of land. SEC. 24. The mayor and aldermen of said city may lay out, make, maintain and repair all main drains or common sewers in said city, and may assess upon the owners Sewers alnd of the abutting lots and other lots benefited thereby, and drains. who shall enter the same directly or indirectly, a proportional part of the charge of making such main drain or common sewer, to be ascertained and assessed by the mayor and aldermen of said city, and by them certified, after notice thereof given in writing to the party to be charged, orby public advertisement for seven days in two daily papers in said city; but not less than one-third part of the cost of such main drain or common sewer shall be paid by the city, and shall not be charged to the abuttors. All assessments so made shall constitute a lien on the real estate so assessed, for two years after they are laid. They shall be certified by the mayor and aldermen, under their hands, to the treasurer and collector of said city and his successors, with directions to collect the same according to law, and may, together with all incidental costs and expenses, be levied by sale of the estate by him or them, if the assessment is not paid within three months after a written demand of payment made by him or them, either upon the persons assessed or upon any person occupying the estate-such sale to be conducted in like manner as sale for non-payment of taxes on land of resident owners, and with a similar right of re 40 CITY CHARTER. demption. Any person, who may deem himself aggrieved by any such assessment, may appeal to the Supreme Court in the same manner as is herein provided for appeals for damages for laying out streets, which court shall at the first term appoint three persons who may be inhabitants of said city, to settle and assess the share to be charged to such appellant; they shall make a return of their doings to said court and their decision, if accepted, shall be final. And in case the assessment made by the mayor and aldermen shall not be reduced on such appeal, the city shall recover costs, but otherwise shall pay costs. Any person who shall, directly or indirectly, enter any such main drain or common sewer without first obtaining a permit from the mayor therefor, shall be subject to a fine not exceeding one hundred dollars. SEc. 25. All acts and parts of acts inconsistent with Repeal of prior this act are hereby repealed. Provided, however, the acts. repeal of the said acts shall not affect any act done, or any act accruing, or accrued, or establishedcl, or any suit or proceeding had or commenced in any civil or criminal case before the time when such repeal shall take effect, and that no offence committed, and no penalty or forfeiture incurred, under the acts hereby repealed, and before the time when such repeal shall take effect, shall be affected by the repeal. And provided, also, that all persons who, at the time the said repeal shall take effect, shall hold any office under the said acts or ordinances of the city, shall continue to hold the same according to the tenure thereof, or until others are elected and qualified in their stead. And provided, also, that all the ordinances rules and regulations of the city of Portland, which shall be in force at the time when the said repeal shall take effect, shall continue in force until the same are repealed. No act which has been heretofore repealed shall be revived by the repeal of the above acts. CITY CHARTER. 41 SEC. 26. This act shall be void unless the inhabitants of the city of Portland, at legal ward meetings called for that purpose, by a written vote, determine to adopt the Vote of qualified voters on same; and the qualified voters of the city shall be called this act. upon to give in their votes upon the acceptance of this act, at meetings in the several wards, duly warned by thE mayor and aldermen, to be held on the day of the next municipal election; and thereupon the same proceedings shall be had respecting the sorting, counting, declaring and recording the returns of said votes, as is herein provided at the election of mayor; and the board of mayor and aldermen shall within three clays meet together and compare the returns of the ward officers; and if it appear that a majority of all the votes given on the question of its acceptance are in favor thereof, the mayor shall forthwith make proclamation of the fact, and thereupon this act shall take effect. And in case this act is so adopted and takes effect, the terms of office of all city officers which would otherwise expire in April, in the year of our Lord eighteen hundred and sixty-four, shall expire on the second Monday of March, in the year of our Lord eighteen hundred and sixty-four, or as soon thereafter as other persons are qualified in their places; subordinate officers shall be elected in April, eighteen hundred and sixtythree, at the time now fixed by law. [Approved March 24, 1863.] LAWS OF THE STATE, OIDINANCES OF THE CITY. AGENTS OF THE CITY. FOR SALE OF INTOXICATING LIQUORS. 1. Mayor, &c., to purchase. Agent appointed. Agent's power and duty. 2. Certificate to and bond by agent. 3. Liquors kept by agents-marks-false tnarks, &c. 4. Not to sell to minors. 5. Agents violating the law. Bond put in suit. Authority to cease. 6, Agents to keep record of sales. 1. The selectmen of any town, and mayor and alder- MIayor and almen of any city, shall immediately after this act shall go dermen to purchase. into effect, and on the first Monday of May annually Act 1858, cl, 33. thereafter, or as soon thereafter as may be convenient, ~ 5. purchase such quantity of intoxicating liquors as may be necessary to be sold under the provisions of this act, and shall appoint some suitable person, as the agent of said Agents to le appointed to town or city, to sell the same at some convenient place sell for certain within said town or city, to be used for medicinal, mechani- purposes. cal and manufacturing purposes, and no other; and such agent shall receive such compensation for his services, atd -compensation in the sale of such liquors shall conform to such regula- nduty tions, not inconsistent with this act, as the board appointing him shall prescribe, and he shall hold his situation one -term of office. year unless sooner removed by them or their successors in office. Vacancies occurring during the year are to be vllcdan filled in the same manner as original appointments are 46 CITY ORDINANCES. Agents not to made. No such agent shall have any interest in such be interested. liquors, or in the profits of the sale thereof. Such agents -may sell to may sell to such municipal officers intoxicating liquors, to municipaloffi- be by said officers disposed of in accordance with the cers. provisions of this act. -shall have a 2. Such agent shall receive a certificate from the board certificate. by which he is appointed, authorizing him as the agent of lb. ~ 6. such town or city to sell intoxicating liquors for medicinal, mechanical and manufacturing purposes only; but such certificate shall not be delivered to the person so appointed until he shall have executed and delivered to -shall give said board a bond with two good and sufficient sureties, bond, amount. in the sum of six hundred dollars, in substance, as follows: Know all men, that we,-, as principal, and-, as sureties, are Form of Bond. holden and stand firmly bound to the inhabitants of the town of -, (or city, as the case may be,) in the sum of six hundred dollars, to be paid them, to which payment we bind ourselves, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals, and dated this-day of-A. D. - Condition of The condition of this obligation is such, that whereas the above bond. bounden-has been duly appointed an agent for the town (or city) to sell intoxicating liquors for medicinal, mechanical, and manufacturing purposes and no other, until the —of-A. D. -, unless sooner removed from said agency. Now if the said -shall in all respects conform to the provisions of the law relating to the business for which he is appointed, and to such regulations as now are or shall be from time to time established by the board making the appointment, then this obligation to be void; otherwise to remain in full force. 3. No such liquors owned by any city, town or plantaLiquors owned tion, or kept by any agent of any city, town or plantation, by towns or kept by agents, as is provided in this act, shall be protected against seizure casks and yessels to be and forfeiture, under the provisions of this act, by reason of marked. such ownership, unless all the casks and vessels in which they are contained shall be at all times plainly and conspicuousl,lb. ~ 28. marked with the name of such city, town or plantation, -seized, bear- and of its agent. When any such liquors shall be seized, ing marks. bearing such marks as are by this act required to be upon AGENTS OF CITY. 47 liquors owned by cities, towns or plantations, if such liquors are in fact not owned by any such city, town or plantation, -false marks conclusive evisuch false and fraudulent marking shall be conclusive dence, liquors evidence that the same are kept or deposited for unlawful forfeited. sale, and render them liable to forfeiture under the provisions of this act. The liquors kept for sale by such agents shall not be adulterated or factitious, and shall not -adulterated or factitious, be protected from seizure and forfeiture by reason of being not protected. kept for sale by such agents, if so adulterated or made factitious and they have knowledge of the fact. 4. No person, authorized as aforesaid to sell intoxi- Agents not to cating liquors, shall sell such liquors to any minor without sell to minors or others dethe direction in writing of his parent, master or guardian, scribed. to any Indian, to any soldier in the army, to any drunklb. ~ 29. ard, to any intoxicated person, or to any such persons as are described in the fourth section of the sixty-seventh chapter of the revised statutes, as being liable to guardianship, knowing them respectively to be of the condition herein pi escribed; nor to any intemperate person, of whose intemperate habits he has been notified by the relatives of such person, or by the aldermen. And proof of notice -notice by aldermen or reso given by the aldermen, or by their authority, shall be latives, sufficonclusive of the fact of the intemperate habits of such cient evidence. person. 5. Any agent, authorized as aforesaid, who shall Ibid. ~ 31. violate the law by illegal sale, shall be punished, on con- ing the law. viction, by a fine of twenty dollars for every such offence, and shall also be liable to a suit upon his bond; and it is Duty of Alderthe duty of the aldermen to cause the same to be put in bond in ut suit, and prosecuted to the use of the city. And whenever conviction is obtained or judgment recovered on the bond, the authority of the agent is absolutely vacated; Agents ceauthorand it is the duty of the aldermen to revoke such author- Aldermento reity, whenever they shall be satisfied of the violation of yoke authority. any of the conditions of the same. 6. The agents of the several cities, towns and planta 48 CITY ORDINANCES. City, town and tions of the State authorized by law to sell intoxicating plantation agents re- liquors, shall keep a record in a book kept for that purquired to kaleeep pose, of the amount of intoxicating liquors purchased by'them, specifying the kind and quantity of each, the price Act 1862, ~ 5. paid, and of whom purchased, and they shall also keep a record of the kind and quantity of the liquors sold by them, the date of sale and the price, the name of the purchaser, and the purpose for which it was sold; specifying in case such sale is made to the municipal officers of any other city, town or plantation, the name of such; -to be open for which record shall be open to inspection. And if such inspection. -failure or agent shall fail to keep such a record, he shall forfeit and neglecttokeep, pay for every such offence a sum not less than ten nor p~enalty for. more than twenty dollars, to be recovered on complaint or -how recovered. indictment before any court competent to try the same; Fines to whom which fine shall be paid into the treasury of the city, town paid. or plantation where he may hold his agency, for the benefit of said city, town or plantation. And if any person shall False represen- knowingly misrepresent and falsely state to the said agent tation to the purpose for which he purchases of said agent the agents. intoxicating liquors, he shall for every such offence be Penalty for, fined twenty dollars, to be recovered on complaint or how recovered. indictment before any court competent to try the same; which fine shall be paid into the treasury of the city, town or plantation where the offence may be committed. ALIEN PASSENGERS. STATUTES. 1. Duties of masters of vessels arriving with foreign passengers Passengers not to be landed till bond given by master. Selectmen may dispense with bond. To receive in commutation. thereof head money of two dollars for each passenger. 2. Penalty for landing passengers without complying with law, Warrant to be issued against vessel. Vessel to be sold at auction. 3. Appointment of visiting officer. Duties of visiting-officer. Compensation to be paid to officer. RULES AND ORDERS. Form of receipt to be given by visiting officer on receiving head money for alien passengers arriving at the port of Portland. STATUTES. 1. When a vessel, with passengers on board having no settlement in this State, arrives at any port or harbor within any town in the State, the master thereof shall Masters of vessels not to land leave a list of their names, and of the places from which passengers without conthey came first on board, with the overseers of the poor sent; give bond of such town, before they come on shore. He shall not or paya sum per head. land them without permission of the municipal officers, R. S. chap. 24, unless he gives bond to the town, with sureties approved ~ 39. by said officers, in a sum not exceeding five hundred dollars for each passenger, to save the town harmless from all expense on account of such passengers, as paupers, for 4 50 CITY ORDINANCES. three years. The said officers, instead of such bond, may require payment of a sumanot exceeding two dollars for each passenger. 2. The master of such vessel, for a violation of any Penalty. provision of the preceding section, forfeits two hundred If not paid, vesesel atp bse dollars for each passenger coming on shore, to be recovered sold. in an action of debt, by the municipal officers of the town, lb. ~ 40. one-half to the use of the town, and the other to the use of the State; and there shall be a lien on such vessel to secure such penalties, which may be enforced by an attachment of the vessel within sixty clays, though the defendant is not its owner; and it may be sold on execution like other personal property, and after deducting the amount of penalties and costs, the balance shall be paid to the owner on demand. 3. A town accessible by vessels may appoint visiting Towns may ap- officers, who, on the arrival of a vessel with passengers point officers on board, are to go on board of her, and there remain sengers land- until the provisions above mentioned are complied with; ing. ~ 1. and they are to prevent the landing of any passenger in lb. ~ 41. violation of such provisions; and to inform the municipal officers of any violation or attempt to violate such provisions. They are to be paid by the master a reasonable compensation to be fixed by said officers. RULES AND ORDERS OF MAYOR AND ALDER}MEN. Form of receipt to be given by PORT OF PORTLAND.1 the visiting officer on re- Whereas, the - of has arrived in the port of Portland, ceiving head with alien passengers on board who were never before within this money for State; and whereas of said vessel, desires in lieu of the bond alien passengers arriving required by the 39th section of chapter 24 of the revised statutes, at the Port of to pay the visiting officer of the city of Portland, for the support of Portland. paupers, the sum of for each alien, who not in the 1 Form of receipt substantially adopted by Mayor and Aldermen, January 5, 1854. See city records., vol. 6, page 426. ALIEN PASSENGERS. opinion of the visiting officer, a pauper, lunatic, or idiot, or maimed, aged, infirm or destitute, or incompetent to take care of himself, or herself, without becoming a public charge as a pauper. Now be it known, that I,- visiting officer, have this day received of the said the sum of -.dollars in accordance with the act, and in pursuance of such -desire, and it is expressly understood and agreed by the said that this payment or commutation is made at -request as voluntary, and never to be sued for, or recovered back in any process at law or in equity. VISITING OFFICER, PORTLAND. AMUSEMENTS. [INCLUDING THEATRES, CIRCUSSES, BOWLINIG ALLEYS2, BILLIARD ROOMIS, &C.] STATUTES. 1. Penalty for exhibiting pageantry, &c., without a license. 2. Licenses for above, how granted; fee. 3. Penalty for keeping bowling alley without license. 4. Licenses for alleys and billiard rooms; fee. 5. Bond to be given. 6. Bond violated, to be revoked. 7. Penalty for violation. 1. If any person, for money or other valuable article, Penalty for exexhibits in this State any images, pageantry, slight of hibiting pag exhibits eantry, &C., hand tricks, puppet show, circus, feats of balancing, wire without a license. dancing, personal agility, dexterity, or theatrical per-. s, chap. 29, formances, without a license therefor as hereinafter pro- ~ 1 vided, he shall forfeit, for every such offence, not more than one hundred, nor less than ten dollars; but this prohibition shall not extend to any permanently established museum. 2. The municipal officers of towns may grant licenses Licenses how granted; fee. for any of the foregoing exhibitions or performances glb ~ 2. therein, on receiving for the use of their town such sum as they deem proper; twenty-four hours being allowed therefor; and they shall prosecute, by an action of debt, in the name and for the use of their town, all persons violating the provisions of the above section. 54 CITY ORDINANCES. 3. No person shall keep a bowling alley or billiard Peepalty for room without a license, under a penalty of ten dollars for keeping bowling alley with- each day, to be recovered in an action of debt by any out license. person suing therefor, one-half to his own use, and the other to the use of the town, where the offence is comnlitted. Licenses, how 4. The municipal officers of towns may license suitable granted; fees. persons to keep bowling alleys and billiard rooms therein, lb1). ~ 4. in any place where it will not disturb the peace and quiet of a family, for which the person licensed shall pay ten dollars to the use of such town. -Bond to be giv- 5. Every person licensed to keep a bowling alley, shall, enll. at the time he receives his license, give a bond to such lb. ~~ 5. town with two good and'sufficient sureties in a sum not less Act1862, chap. than one hundred dollars, conditioned that he will not 82. permit any gambling, or drinking of intoxicating liquors in or about his premises, or any minor to play or roll in his alley without the written consent of his parent, guardian or master, or his alley to be opened or used from ten o'clock in the evening to sunrise. 6. If any person, so licensed, violates any of the Bond violatod, conditions of his bond, the municipal officers, on being revoked, &-c. furnished with proof thereof, shall revoke the license and -b. ~ 6. enforce the payment of the bond for the use of their town; and no person whose license is so revoked, shall afterwards be licensed in said town for such purpose. Penalty for vio-. The keeper of any bowling alley or billiard room, iations. who violates any of these provisions, shall forfeit ten lb. ~ 7. dollars for the first offence, and twenty dollars for each Act 1862, chap. 184, ~ 2, subsequent offence; and any marshal, sheriff, police or other officer, may at any time enter said bowling alley or billiard room, or rooms connected therewith, for the purpose of enforcing this or any other law; and any person who obstructs his entrance shall forfeit not less than five, nor more than twenty dollars. AUCTIONS AND AUCTIONEERS,. STATUTES. 1. License. 2. If refused, appeal to county commissioneras, 3. To keep account of sales. 4. Penalty for allowing non-voter in the State to sell, 5. Penalty for receiving goods of minors, &c. 6. Sale of real estate in two towns. Penalty. 7. Penalty for permitting unauthorized persons to seill 8. Exceptions of sales by sheriffs, &c. 9. Fines, how imposed and recovered. 10. Auctioneers may sell in any town. Pedlers not to sell, 11. When auctioneers need not deduct per centage. ORDINANCE OF THE CITY. No person'to sell in streets of city, except in places assigned by mayor and aldermen. Penalty for violation. 1. The municipal officers of any town may license any \Municipal oftisuitable inhabitants of their county, by a, writing under cers to license auctioneers their hands, to be auctioneers for one year in such town and keep a and in any other town in said county, where there is no record thereof' licensed auctioneer; and shall record every such license R. S., chap. 34, in a book kept by them for that purpose. 2. If such officers, after written application to them Appeal to courntfor a license, unreasonably refuse or neglect to grant it, ty commisthe applicant, by giving them ten days notice and a bond oioners, in case to pay all costs arising thereafter, may appeal to the county commissioners, who, after a hearing of the parties, Ib, ~ 2 may grant the license if they judge it reasonable. 56 CITY ORDINANCES. Auctioneers to 3. Every person licensed shall keep a fair and particukeep account lar account of all goods and chattels by him sold, stating of goods sold, &c. of whom received, and to whom sold; and if said goods Ib. ~ 3. are sold voluntarily for the benefit of parties residing out of the State, he shall deduct two and a half per cent. (See ~ 11 of from the gross amount of the sales for the use of the town, where the sale is made, and pay the same to the treasurer thereof within ten clays after the sale; and in default thereof, he shall be liable to a fine of not less than fifty, nor more than three hundred dollars, and forfeit his license. Penalty for al- 4. No auctioneer shall allow any person, not a legal lowing any one not a voter in voter in this State, to act for or under him in any sales by the State, to public auction, under penalty of fifty dollars for each act under him. lb. ~ 4. offence; and any person so acting shall be subject to the Act 1860, chap. 188. same penalty. Penalty for 5. If any auctioneer receives any goods for sale, at receiving public auction, of any servant or minor, knowing him to goods of minors or servants, be such, or sells any of his own goods, before sunrise or &c. after sunset, at public auction, he shall forfeit a sum not R. S. chap. 34, ~ s. less than fifty nor more than one hundred and seventy dollars for each offence. Real estate, ly- l 6. A parcel of real estate lying partly in one town and ing in two partly in another, may be sold by an auctioneer of either; towns, how sold. Penalty. but if any auctioneer sells or offers to sell any real or lb. ~ 6. personal property at public auction in any other towns then those authorized by his license, or if any person sells without a license, he shall forfeit not exceeding six hundred dollars. Penalty for per- 7. If the tenant or occupant of any building, having mitting any actual possession and control thereof, knowingly permits person to sell contrary to any person to sell any goods or chattels at public auction law, &c. contrary to the provisions of law, in such building, or in Ib. ~ 7. any apartment, or yard appurtenant thereto, he shall forfeit not more than six hundred, nor less than one hundred dollars. AUCTIONS AND AUCTIONEERS. 57 8. Nothing in the preceding sections shall extend to Exceptions as to sales by offil sales made by sheriffs, deputy sheriffs, coroners, constables by oor collectors of taxes, executors or administrators, or any lb. ~ R. other person authorized to sell goods, chattels, or lands, by order of any court or judge of probate. 9. All fines imposed by this chapter may be recovered Fines how reby indictment in any court proper to try the same; and it covered and shall be the especial duty of city marshals and their appropriated. deputies, sheriffs, constables and police officers, to make lb. ~ 9. immediate complaint for every offence against the provisions hereof; and one-half of all fines shall be for the use of the prosecutor, and the other for the use of the town where the offence is committed. 10. Any person duly licensed as an auctioneer in any Auctioneers town or city in this State shall thereby be authorized to may sell i sell at auction in any other town, city or place in this any town. Act 1863, chap. State in which there is no resident auctioneer, as fully as 204. he could in the place where his license is obtained. This Hawkers and act shall not be so construed as to authorize hawkers and pedlers forbidden. pedlers to sell at auction. 11. The aldermen of any city, and the selectmen of In what cases any town, may license any person or persons to be auc- auctioneers tioneers for one year in such city or town, and may exempt may be exempted from them from any liability to deduct two and one-half per liability to deduct two and a cent. from the gross amount of sales, for the use of the dalf etw cent. city or town where the sale is made, when the goods sold Act 1865 chap, by such auctioneers belong to, or are sold for the benefit 297. of parties residing out of the State. 58 CITY ORDINANCES. ORDINANCE OF THE CITY.' No personl to No person shall sell, or expose for sale at auction, any sellt retis go ods, wares, chattels, or other erchandise, in any street, in streets of the city. alley, square, or other public place, or on any sidewalk in the city, except in such places as may be assigned by the Mayor and Al- mayor and aldermen for that purpose. And the mayor igermen to as- and aldermen are hereby authorized to assign such places for the purpose of selling goods at auction, as they shall think expedient. Any person who shall offend against the provisions of this ordinance, shall forfeit and pay a sum not less than five, nor more than twenty dollars. I Ord. 1848, chap. 8, ~ 12. BOATS AND LIGHTERS. STATUTES. 1. Boats, &c., for carrying stores, &c., to be inspected. 2. Penalty. 3. Inspectors, how appointed. 4. Lighters, alteration of capacity. 5. Penalty for throwing ballast into harbor, &c. 1. Every boat or lighter employed in carrying stones, Lighters, carrgysand, or gravel, shall be marked at light water mark, and ng stone, sand or gravel, shall at least at five other places, with figures four, twelve, six- be marked, and marks inteen, twenty-four, and thirty, legibly made on the stem spected and and stern post thereof, expressing tthe weight such boat renewed yearor lighter is capable of carrying, when the lower part of. R. S., chap. 36, the respective numbers touch the water in which it floats; ~ 18. and such marks shall be inspected yearly, and when found illegible in the whole or in part, they shall be renewed. 2. The master or owner, who uses without such marks, Penalty for using lighters and any person, who falsely marks any such boat or lighter, without marks or falsely shall forfeit fifty dollars, to be recovered by any person marking then. suing therefor in an action of debt. lb. ~ 19. 3. The municipal officers of every town, where boats Municipal ofiiand lighters are employed for the purposes aforesaid, shall cers to appoint inspectors, and annually appoint, in April or May, some suitable person regulate fees. to examine and ascertain the capacities of all such boats lb. ~ 20. and lighters, and mark them as above prescribed, who shall be duly sworn; and said officers shall establish and. regulate the fees therefor. 60 CITY ORDINANCES. When capacity 4. When such inspector thinks that the burden or of lighter has been altered, capacity of any such boat or lighter is altered by repairs &c. or otherwise, he shall forthwith ascertain the same anew, lb. ~ 21. and mark it accordingly. Penalty for 5. No master of any vessel shall throw overboard any throwing bal- ballast in any road, port, or harbor, on penalty of sixty last into any road, port or dollars; and no person shall take any stone or other ballast harbor, &c. from any island, beach, or other land, without consent of lb. ~ 21. the owner, under a penalty not exceeding seven dollars for each offence, to be recovered in an action of debt by any person suing therefor, one-half to his own use, and the other to the use of the town, where the offence is committed. BOUNDARY LINES. STATUTES. 1. Boundaries of Portland. 2. Annexation of part of Westbrook to Portland. PERAMBULATIONS. 3. Ancient boundaries continue. 4. Town boundaries established by perambulation. 5. Monuments erected. 6. Disputed lines. 7. Line between Portland and Westbrook. STATUTES. 1. By act of the general court of Massachusetts, passed Boundaries of July 4, 1786, incorporating the town of Portland, the thetownof boundaries of said town were described as follows, viz: Special laws of Beginning at the creek that runs into Round Marsh, so Massachusetts. called, thence north-east to Back Cove Creek, thence down Vol. 1 p 131, ~ 1. the middle of that creek to Back Cove, thence across said Cove to Sandy Point, thence round by Casco Bay to Fore River,l thence up Fore River to the first bounds, together with all the Islands that now belong to the first parish in said Falmouth; and by section ninth of the same act, it was further enacted, that a certain tract of land within the limits of the town of Portland, and containing 1 See act, locating a bridge across Fore River by which the limits of the city of Portland are extended, post, title "Vaughan's Bridge." 62 CITY ORDINANCES. about one hundred and eighty acres, belonging to Samuel Dean, Joshua Freeman'and Elizabeth Wise, and which descended to them from Moses Pearson, Esq., late of Falmouth, deceased, be annexed to the town of Portland and shall be considered as part thereof, and the lands granted to the first parish, in said Falmouth, for the support of the ministry there, are hereby annexed to said town of Portland, and shall be considered as part thereof. Annexation of 2. The southern half of that part of the old county part of West- road running northwardly from the city of Portland, which brook to Portland. has the town of Westbrook on the easterly side, and the Act 1845, chap. city of Portland on the westerly side, is hereby set off 279. from the town of Westbrook, and annexed to the city of Portland. PERAMBULATIONS. Ancient boun- 3. The bounds of towns continue as established, exdlaries continue. R.S. chap.1, ~ cept as hereafter provided. Perarmbul~a- 4. The nunicipal officers of the most ancient town tions, proceed- shall give ten clays notice in writilng to such officers of ings respecting the adjoining towns of the time and place of meeting them. R. S. chap. 3, for perambulation; and the officers who neglect their duty ~ 28. in notifying or attending in person, or by substitutes, shall forfeit and pay ten dollars, two-thirds to the use of the town which complies with its duty, and the other third to any two or more of said officers of the town complying, to be recovered at any time within two years after the forfeiture is incurred; and the proceedings of such officers, after every such renewal of boundaries shall be recorded in their town books. Monuments 5. All towns, which, since the twenty-second day of maybe erected March, eighteen hundred and twenty-eight, have peramat angles. at angles. bulated, or hereafter perambulate their several lines as 1b. ~ 29. by law prescribed, and set up stone monuments, at least:-two feet high, at all the corners and several angles, and where the lines cross highways, or on or near the banks BOUNDARY LINES. 63 of all rivers, bays, lakes, or ponds, which said lines cross, or which are the boundaries of said lines, shall be exemptedl from the duty of perambulating said lines, except once in every ten years, commencing in ten years from the time the stone monuments were so erected. 6. When a town petitions the supreme judicial court,:isputed lines stating that a controversy exists between it and an adjoin- of towns, how ing one respecting a town line or lines, and praying that settled. lb. ~ 30. it may be run by commissioners appointed by the court, the court, after due notice to all parties concerned, may appoint three commissioners, who shall, after giving notice to all persons interested of the time and place of meeting, ascertain and determine the line or lines in dispute, and describe them by courses and distances, and make, set, and mention in their return, suitable monuments and marks for the permanent establishment of such lines, and make duplicate returns of their proceedings; one of which shall be returned to the court, and the other to the office of the secretary of state; and such line or lines, shall be deemed in every court of law and for every purpose the true dividing line or lines between such towns. 7. The aldermen of Portland' and the selectmen of Westbrook, on the 18th day of August, 1855, made a Poeambulationt of line betweeri perambulation of the line between Portland and Westbrook, Portland and and renewed the bound marks between the city of Portland Westbrook. and the town of Westbrook, as follows: Commencing at center of channel at Deering's Bridge, Boundsaries d cl thence westerly by said channel to east line of old county finned. road; thence north-westerly, by the east line of said road, to where said line intersects the south line of road leading to Saccarappa; thence diagonally across said road to where the opposite lines of said roads intersect; thence north-westerly on west line of same road sixteen hundred 1 Report of Committee appointed to perambulate the line between Portland and Westbrook, made to the mayor and aldermen, Jannuary 17, 1856. and recorded in city records. 64 CITY ORDINANCES. and eighty-four feet, to a stone monument; thence on an angle to the west of sixty degrees fifty-two minutes, twelve hundred and eighty-four feet, to stone monument; thence on an angle of one hundred and thirty-eight degrees forty minutes to the south five hundred and thirty-three feet, to stone monument; thence on an angle of seventy-one degrees eight minutes to the west fifty-seven feet and sixtenths of a foot, to stone monument; thence on same line fifty-seven feet and three-fourths of a foot, to stone monument; thence on same line twenty-six hundred and six feet, to stone monument; thence south-easterly at right angles eight hundred and ninety-eight feet, to stone monument; thence at an angle of one hundred and five degrees to the west one hundred and fifteen feet, to stone monument; thence on same line one hundred and fifteen feet and one-half foot, to stone monument; thence on same line to center of channel in Canal Basin.2 2 For explanation of above running, see plan made by A. P. Marshall, Esq., city engineer, January 17, 1856. BREAD. ASSIZE OF. 1. City council authorized to make laws in relation to assize of bread. 1. The city council of the city of Portland is author- City council ized and empowered to ordain and publish such acts, laws authorized to and regulations, not inconsistent with the constitution and make latiotoaslaws of this State, as shall be deemed by them to be need- size of bread. ful and wise, in relation to the assize of bread sold or St. 1857, ch. 103. offered for sale in the city of Portland, so as best to guard against frauds in the sale of said article, 5 66 CITY ORDINANCES. BRIDGES. STATUTES, &c. 1. Portland to support Pride's and Stroudwater Bridges. 2. Incorporation of the proprietors of Portland bridge. Name changed to Vaughan's bridge. Organization. Tolls, &c. Draw. Time allowed for building bridge. Location. 3. Act authorizing the county commissioner to locate a free bridge over the lines of Vaughan's bridge. 4. Draw, construction and regulation of. 5. Expense of constructing bridge, how paid. Bridge, territorial limits, regulations of. Additional powers of county commissioners. 6. Proceedings of county commissioners in regard to laying out said bridge. 7. Deering bridge laid out by Portland. 8. Back Cove bridge, incorporation of. Location. Restrictions. 9. Additional act. Draw and piers. Extension of time as a toll bridge. 10. Reduction of tolls. Further extension of time as a toll bridge. 11. Portland authorized to receive and maintain Back Cove bridge. 12. To be maintained as a free bridge. 13. City to have authority to construct said bridge for the purpose of a dam. May occupy flats. 14. Draw. Vessels to pass free of expense. 15. Assess a tax for support of bridge. 16. Portland bridge. Incorporation of proprietors. Location. 17. Draw. Piers. Vessels to pass free of expense. 18. Surrender of bridge to county of Cumberland by proprietors. Acceptance and establishment as a free bridge. 19. Powers given to county commissioners to establish a side passage to Canal street. BRIDGES. 67 STATUTES. PRIDE'S AND STROUDWATER BRIDGES. 1. In the act of the Massachusetts Legislature, incor- Town of Portland to support porating the town of Portland, the following provision in Pride's and regard to bridges in that part of Falmouth now called Stroudwater Westbrook, was enacted, viz: —'And be it further enact- Mass. special ed that the inhabitants of the town of Portland shall from laws, July 4, 1786, ~ 8. time to time amend and repair Pride's bridge on Presumpscot river and the great bridge, so called, (now called Stroudwater bridge,l) on Fore river, although the same be not included within the limits of Portland, aforesaid." VAUGHANSS BRIDGE. 2. By an act passed by the Massachusetts Legislature, Incorporation of the Proprietors February 25, 1794, William Vaughan and others were of Portland constituted a corporation, under the name of tie proprie- bridge. Ib. Feb. 25, tors of Portland bridge, for the purpose of constructing a 1794, ~ 1. bridge from Portland to Cape Elizabeth. (A subsequent Ib. March 4, act, passed March 4, 1800, changed the name of the cor- 1800, ~2. poration to "'the proprietors of Vaughan's bridge.") Name changed to Vaughan's Provisions were made for organization, the rates of toll, bridge. (to be subject to the regulations of government after the Organization. Tolls, &c. term of thirty years,) and also, for the construction of a draw for the passage of vessels. It was further provided Draw. that the act should be void if the bridge should not be completed for the space of six years. The additional act Time allowed passed March 4, 1800, extended the time for the com- for building pletion of the same nine months. It was further enacted, that the bridge shall be built at a place called Bramhall's Location. point in Portland, and land at or near Jacob Brown's farm in Cape Elizabeth, as may be determined by a majority of the proprietors. 1For articles of agreement defining the bounds of Stroudwater bridge made by the city council, and selectmen of Westbrook, see city records, vol. 6, page 213. 68 CITY ORDINANCES. Act authorizing 3. By an act approved April 17, 1854, the county the county commissioners commissioners of the county of Cumberland were authorto locate a free ized to lay out and locate a free bridge and public highbridge over the lines of way across Fore river, in said county, commencing at the ridge.han's easterly end of Vaugh bridge, in Portland, and extend1854, 363, ~ 1. ing on the line of said bridge to the westerly termination thereof, in Cape Elizabeth, if upon petition and hearing pursuant to the twenty-fifth chapter of the revised statutes, said commissioners shall judge said bridge and highway to be of common convenience and necessity. Draw-con- 4. Said county commissioners shall cause to be struction and constructed in such place in said bridge, as they may regulation of. Ib. ~ 2. designate, a suitable and convenient draw, of not less than forty-two feet in width; and said draw shall be kept and maintained under such regulations as said commissioners may from time to time establish. Expense of con- 5. Three-fourths of the expense of constructing and structing maintaining said bridoe, shall be paid by the city of Portbridge, how. paid. land, and one-fourth by the town of Cape Elizabeth; and Ib. ~ 3. said commissioners shall have power to designate the sections of said bridge which shall be respectively built and maintained by said city of Portland, and said town of Cape Elizabeth, and to establish the lines of division between said sections, and if upon such division any part of said bridge required to be built and maintained by said city, shall extend within the present limits of said town of Cape Elizabeth, the territory covered by such part of said Bridge —territoriallimits, reg- bridge shall be thereafter inclosed within the territorial ulation of. limits of said city so long as said bridge shall be maintainAdditionalpow- ed; and said commissioners, in addition to the powers ers of county herein before granted, shall have powers in laying out and commissioners. locating said highway and bridge conferred by the provisions of the twenty-fifth chapter of the revised statutes, relating to the location of highways, and the awarding of damages therefor. 6. At a meeting of the board of county commissioners BRIDGES. 69 for the county of Cumberland, held May 29, 1854, a free Proceedings of county combridge and public highway was laid out and located on the missioners in lines of Vaughan's bridge, in accordance with the pro- regaot saidy visions of the aforesaid act. It was determined that the bridge. bridge should be thirty-three feet in width, and twenty-five Rep. c. C., June term, 1854, hundred and sixty-four feet in length, and that the section s.J.c. to be built and maintained by the city of Portland, should comprise fourteen hundred and eight feet; and that to be built and maintained by the town of Cape Elizabeth, eleven hundred and fifty-six feet. It was also determined that the city of Portland should build and maintain within her section a suitable and convenient draw, of not less than forty-two feet in width, for the passage of vessels, boats, &c. It was also further determined that the city of Portland and town of Cape Elizabeth should be allowed the term of one year from the sixth day of June, 1854, to build said bridge.' DEERING S BRIDGE. 7. Deering's bridge, so called, was laid out by the Deering's bridge laid out town of Portland, as by the following extract from town by town of records: "In town meeting, May 6, 1805: Portland. Town Records, Voted to raise one thousand dollars to build a bridge vol. 1, p. 400. from high-water mark, in Green street, to the line that separates this town from Falmouth towards Reed's point." BACK COVE BRIDGE. 8. By an act passed by the Massachusetts Legislature, Back Cove February 27, 1794, Thomas Smith and others were made bridge. Incorporation of. a corporation under the name of the "Proprietors of Back Mass. special Cove bridge," for the purpose of building a bridge from a94s, F~b. 27 Sandy point, in Portland, to Secomb's point, in Falmouth. Similar provisions for organization and rates of.toll were Location. enacted as in the incorporation of Vaughan's bridge; and 1 See county commissioners' records, vol. 10, pp, 235, 236. 70 CITY ORDINANCES. it was also provided that the bridge should be so conRestrictions. structed as not to prevent the water flowing the flats westward of said bridge. Additional act. 9. By an act of the legislature of Maine, passed Feb1825, 363. rumary 26, 1825, it was provided that the proprietors should build and ever after keep in repair, a convenient and Draw and piers. sufficient draw or passage way, and also build and keep in repair a suitable pier upon each side of the bridge, and that vessels should pass and repass free from toll or exExtension of pense; and also extending the time for the talking of tolls brtime as toll for the benefit of the proprietors for an additional term of ten years. Reduction of 10. By an additional act, approved March 19, 1835, a tolls. 1835, 583. reduction was made in the tolls; and the time for taking Further exten- of tolls for benefit of proprietors, further extended for an sion of time as a toll bridge. additional term of two years. 11. By an act entitled "An act to relieve the public from the burden of tolls at Back Cove bridge," approved February 16, 1837, it was provided: City of Portland That the city of Portland be authorized and empowered authorized to receive and to receive the bridge leading from Westbrook to Portlandcl, maintain Back called Back Cove bridge, from the proprietors thereof, Cove bridge. 1837, 257, ~ 1. and to support and maintain the same forever hereafter, and to relieve said proprietors from all responsibility on account of the same; PProvided, that said bridge shall be and remain free from tolls from and after the nineteenth day of March next. To be maintain- 12. Said city of Portland shall forever hereafter be ed as a free bound to support and maintain said bridge as a free bridge, bridge. Ib. ~ 2. and shall have power and authority to do all things necessary and proper in maintaining the samne. City to have au- 13. For the purpose of remunerating said city for the thority to construct said expenses of supporting and maintaining said bridge, said bpurpidgses ofr te city shall have power and authority so to construct said dam. bridge as to answer the purposes of a dam and basin, and lb. ~ 3. shall have power and authority to erect and maintain, or BRIDGES. 71 cause to be erected and maintained, such mills, factories, and machinery as shall be thought proper and expedient. And said city shall have a right to use and occupy so cr May occupy much land and flats as may be necessary for the above flats. purposes, and if any person shall be injured thereby, he shall have the same remedy as is provided in the sixth section of the act to incorporate the city of Portland, passed February twenty-eighth, one thousand eight hundred and thirty-two. 14. Said city shall build and ever after keep in repair a convenient and sufficient draw or passage way over the Draw. channel of said river, for the passing and repassing of lb. ~4. vessels through said bridge, and said draw shall be raised at all times without delay for vessels having occasion to Vessels to pass ~__) free of expense. pass or repass, free of expense. 15. Said city hereby is authorized and empowered to Mayassessatax assess and collect money from time to time for the purposes for support of bridge. aforesaid, and to do all things necessary and proper g lb. ~ 5. respecting the same. PORTLAND BRIDGE. 16. The proprietors of Portland bridge were incorporated February 10, 1823. The corporators were Incorporaitior authorized and empowered to construct a bridge from the Act 1823, 212, northerly point of the farm of Elias Thomas, Esq., in Cape ~ 1. Elizabeth, to the nearest convenient point southwesterly Location. of Robinson's wharf in Portland, and to purchase and hold such real and personal estate as may be necessary to carry the aforesaid object into complete effect. 17. It was further enacted that said proprietors should Draw. build and keep a convenient and sufficient draw or passage lb. ~ 4. way, at least thirty-two feet wide, at some place in said bridge proper for the passing of vessels by day and by night through the same, and a suitable wharf or pier on Piers. each side of said bridge, and adjoining said draw, sufficient for vessels to lie at. And said draw shall be lifted for all 5* 72 CITY ORDINANCES. Vesselstopass vessels without toll or pay, except for boats or vessels free of expense. passing for pleasure; and all vessels intended to pass through said draw shall be free of charge' at said wharf or pier until a suitable time shall offer for passing the same. Surrender of 18. In accordance with the provisions of an act, bridge to county of approved August 28, 1850, entitled "an act relating to Cumnberlancd the surrender of toll bridges and turnpikes to public uses,"' by proprietors. Act 1850, 197. authorizing the county commissioners to accept the surrender of bridges from the owners thereof, the proprietors of Portland bridge surrendered the sanme to the county of Cumberland, and at a meeting of the county commisAcceptance and sioners, held at Portland, June 14, 1851, the same was establishment accepted and established as a free bridge from and after as a free bridge. that date. Powers given to 19. By an act, approved March 19, 1853, entitled county C01- n act ivin to ounty commissioners of Cumberrnissiollers to establishl aside land county further powers in relation to Portland bridge," passage to the county commissioners of Cumberland county were Canal street. Act 1853, 9, authorized, if they should adjudge the object contemplated ~ 1. by this act to be for the public convenience and interest, to alter Portland bridge in said county, by locating and establishing in addition to the present bridge, a side passage or branch, suitable for a public highway, leading from the western side of said bridge, and above low water mark, to Canal street, in Portland, to be constructed and maintained as a part of Portland bridge, as the same is now held and maintained, and in the lalner and under the limitations provided in an act passed August twentyeighth, eighteen hundred and fifty, entitled "an act relating to the surrender of toll bridges and turnpikes to public uses." I See county commissioners' record, vol. 9, page 364. BUILDINGS. STATUTES. 1. City may make by-laws respecting wooden buildings 2. Livery stables, &c., when prohibited. 3. Penalties. 4. Malicious mischief to buildings. ORDINANCES. i. Builders must give notice. 2. Wooden buildings, when prohibited. 3. Same, when removable as nuisances. 4. Buildings may be numbered. Penalty. 5. Cellar doors, &c., to be kept in repair. 6. Same, when to be lighted. 7. Penalty for defacing buildings, &c. 8. Posters not to be placed on buildings. Penalty. STATUTES. 1. Cities may make such by-laws or ordinances as they By-laws rthink proper, not inconsistent with the laws of the State, specting erecand enforce them by suitable penalties, respecting the btildionofwoogsde erection of wooden buildings, or buildings the exterior of R.., chap. 3, which shall be in part of wood therein, and defining their ~ 27,as amended by Act 1860 proportions and dimensions; and any building erected chap. 144. contrary to a by-law or ordinance adopted under this specification shall be deemed a nuisance and dealt with accordingly. 74 CITY ORDINANCES. Penalty for oc- 2. No person shall occupy any tenement in any maricupying tenements for sail time town for the business of a sail maker, rigger, or maker, riggert keeper of a livery stable, except where the municipal ble, except as officers direct; and any person who offends against this -municipal ofcers direct. section, shall forfeit ten dollars a month during the conlb. ~ 11. tinuance of such occupancy, with costs. Penalties. 3. The said penalties shall be appropriated, one-half lb. ~ 21. to the use of the town where the offense is committed, and Ib. ~ 23. the other to him who shall sue for the same, with costs. Wilful injuries 4. Whoever wilfully and maliciously destroys, injures, to buildings, or defaces any building or fixture attached thereto, withfixtures, goods or valuable out consent of the owner, shall be punished by imprisonpapers of anotaher. ment less than one year, or by fine not exceeding five 20 Maine, 341. hundred dollars, and also be liable to the party injured, 33 Maine, 146. R. S., chap. 127, in an action of trespass, for three times the amount of 9. injury so done. ORDINANCES. Notice shall be 1. All persons intending to erect any building, or to given ofinten- make alterations in the external walls of any building, or tion to build, &oc. buildings, of any description, any part of which is to be Rev. Ord., 1855, placed upon or within ten feet of any of the public streets, Orsd de. d by squares, alleys, or lanes of the city, shall, before they proceed to build or erect the same, or lay the foundation thereof, or to make the said alteration, give notice in writing of such their intention, to the city engineer, specifying the dimensions of the proposed structure, the materials to be used, the number of the street, or precise location, fifteen - days at least before doing any act for carrying such intention into execution, in order that the encroachment, or any other injury or inconvenience to the said public streets, squares, lanes, or alleys, which might otherwise happen, may be thereby prevented; and that the proper grade and line of the street may be ascertained. And all persons intending to, erect, or make any alterations in any buildings as aforesaid, shall not pay any BUILDINGS. v5 fees of the city engineer, for giving the grade and line of the street, adjoining which the proposed building is to be placed. 2. No building, or buildings, the exterior walls of Ord.,1867. which shall be in part or wholly of wood, exceeding ten Erection of wooden buildfeet in height, shall hereafter be erected in this city ingsforbidden. without permission in each case from the mayor and aldermen. 3. It shall be the duty of the city marshal to cause When to be removed at once, as nuisances, all buildings erected 1muisances. in violation of this ordinance. 4. The mayor and aldermen shall have power to Numbers of cause numbers of regular series to be affixed to or inscribed buildings. on all dwelling houses and other buildings erected or Rev. Ord., 1855. fronting on any street, lane, alley, or public court within the city of Portland at their discretion; and shall also have power to determine the form, size and material of such numbers, and the mode, place, succession, and order of inscribing or affixing them on said respective houses or other buildings. And any owner or occupant of any building or part of a building who shall neglect or refuse to affix to the same the number designated by the mayor and aldermen, or by some person by them duly authorized, or who shall affix to the same, or retain thereon more Penalty for than one day, any number contrary to the direction of the numbering mayor and aldermen, or person so authorized, shall contrary to directions. forfeit and pay a sum not less than one dollar, nor more than twenty dollars, and a like sum for every subsequent offense. 5. Whenever any cellar door, or the platform thereof, Cellar doors and shall project into any of the streets, lanes, alleys, public klatfoirms to be squares, or places, within the city, it shall be the duty of repair. lb. the owners and occupants of the buildings or estate to which the same belong, to keep the same in good repair, and if at any time the said cellar door or platforms are out of repair, so that in the opinion of the mayor and aldermen, the 76 CITY ORDINANCES. safety of the inhabitants is thereby endangered, the mayor and aldermen are hereby authorized to notify the said owners and occupants of the fact; and if said owners or occupants neglect or refuse for the space of twenty-four hours to repair the same, the said mayor and aldermen shall forthwith cause the same to be repaired at the expense of said owners or occupants; and said owners or occupants shall, in case of such neglect or refusal as aforesaid, be further liable to a penalty of not less than one, nor more than twenty dollars, for each and every day that said cellar door, or the platform thereof, shall continue to be out of repair. Cellar doors to 6. Whenever any of the cellar doors before mentioned bwhen opel at are open, or the platform thereof removed at any time night, during the night, it shall be the duty of the occupant of Ib. the cellar to which the same belongs, to cause a sufficient light to be so placed that the opening of the said door or removal of said platform, shall at all times during the night be distinctly visible. And any person offending against the provisions of this section, shall forfeit and pay a sum not less than one nor more than twenty dollars. Defacing build- 7. Any person or persons who shall be guilty of ings, &c. defacing any building or buildings, fence, sign, or other lb. property, in the city, by cutting, breaking, daubing with paint, or in any other way defacing or injuring the same, or who shall throw any stones, chips, or any other thing against any building or buildings, with intent to injure the same, or to annoy or disturb any person who may be therein, shall forfeit and pay a sum not less than five dollars nor more than twenty dollars. 8. No person shall post or stick up any poster or Posters or other bills not to be other bill, or any advertisement or notice of any kind, on bpildings. any public building, or any building or fence, without the lb. consent of the owners or occupants thereof, under a penalty of not less than one nor more than ten dollars. CARRIAGES. STATUTES. 1. Teams, to turn to the right; unable, to stop. 2. When stationary, or traveling slowly, allow others to pass, 3. Not to stand on way to obstruct it, nor be without a driver, 4. Bells on horses drawing runners. 5. Cities authorized to establish by-laws. ORDINANCES. 1. Hackney carriage defined. 2. License required. 3. Same. 4. Mayor and aldermen may license and revoke. 5. Fee for license, city marshal to make quarterly report. 6. When licenses expire. Shall not be transferred without, &C, 7. Who shall be liable. 8. Neglect to take out license after it is granted, 9. Manner of marking and numbering. 10. No other number shall be used. 11. Shall not stand in any other place. 12. Shall not stand so as to obstruct. 13. Driver, &c., shall wear a badge. 14. Runners shall not be employed. 15. Mayor may give directions. 16. Rates of fare. 17. Shall be inspected by city marshal. 18. Carriage not to be driven by a minor, unless, &COMNIBUSSES. 19. Time for starting. 20. Stopping. 21. Shall not leave the route. 78 CITY ORDINANCES. TRUCKS, WAGONS, &C. 22. License for trucks, wagons, &c. 23. Mayor and aldermen may license and revoke. 24. Fee for license. City marshal to make quarterly report. 25. When licenses shall expire. Shall not be transferred without, &c. 26. Who shall be liable. 27. Using for unlawful purposes. Penalty. 28. Pace at which horses, &c., shall go. 29. To obey rules and regulations. CARRIAGES IN GENERAL. 30. Bells required in certain cases. 31. Carriages shall not stop so as to obstruct foot passengers. 32. How trucks, &c., shall be placed. Loading and unloading. 33. Mayor and aldermen to appoint stands, &c. 34. Carts, &c., to be placed near the side-walk. 35. Horses, &c., not to be fed on side-walks. 36. Riding upon outside of carriages, &c., forbidden. STATUTES. Tealms about to 1. When persons traveling with a team are approachmeet, to turn ing to meet on a way, they are seasonably to turn to the right; when unable, to the right of the middle of the traveled part of it, to stop. so far that they can pass each other without interference. 25 Maine, 39. R. S., cap. 19, When it is not safe, or is difficult on account of weight of ~ 2. load to do so, a person about to be met or overtaken, if requested, is to stop a reasonable time, at a convenient place, to enable the other to pass. When station- 2. When a person with a team is stationary, or travelary or travel- 1 inry or travel- ing slowly on a way at a place unsafe or inconvenient for ing slowly, to allow others to passing him with a team, he is, if requested, to drive to pass. the right or left, or to stop a reasonable time at a conlb. ~ 3. venient place, to allow the other to pass. Teams not to 3. No person is to leave his team stationary on a way stand on ways to obstruct so as to obstruct a free passage of other teams; or is to passage, &c. allow his team to be on a way without a driver. lb. ~ 4. Bells on horses 4. Three or more bells are to be fastened to one of the drawing runners. lb. ~ 5. foremost horses drawing teams on snow without wheels. CARRIAGES. 79 5. Any city in this State shall have power to ordain Cities authorizand establish from time to time, all such rules and ed to establish rules and ororders as the municipal government of such city may ders for the deem necessary and expedient, for the due regulation in regulation of carriages. such city, of omnibusses, stages, hackney-coaches, wagons, iRr. ch. a. 3, carts, drays, hand-carts, and all other vehicles whatever, ~ 27 used and employed wholly or in part in said city, whether by establishing their rates of fare, prescribing their routes and places of standing, or in any other respect, and may provide penalties not exceeding twenty dollars. ORDINANCES. 1. Every hack, stage-coach, omnibus, chariot, coachee, Hackney carbarouche, landeau, or other vehicle, whether on wheels or riage defined. runners, drawn by one or more horses, or other animal Rev. Ord., 1855. power, which shall be used in the city of Portland for the conveyance of persons for hire, from place to place within said city, shall be deemed a hackney-carriage within the meaning of this ordinance. 2. No person shall set up, use, or drive, in the city of License requirPortland, any hackney-carriage for the conveyance of ed. persons from place to place within said city, without a lb. license for such carriage from the mayor and aldermen, under a penalty of not less than five nor more than twenty dollars every time such carriage is used. 3. No person shall be permitted to drive any hackneycarriage in the city of Portland, unless he shall have first same. procured a license therefor from the mayor and aldermen. lb. But the mayor shall have power to grant temporary permits to persons to drive hackney-carriages; which permits shall be valid only for two days after the meeting of the board of mayor and aldermen, next after the date of said permit. And if any person shall drive any hackneycarriage without being licensed or permitted as aforesaid, he shall forfeit and pay not less than five nor more than twenty dollars for every such offense-and the owner of 80 CITY ORDINANCES. the carriage so driven shall forfeit and pay the same penalty. 4. The mayor and aldermen will, from time to time, Mayor and aldermen may grant licenses to such persons, described in sections two license andre- and three of this ordinance, and upon such terms as they yoke. Rev. Od. 1855. may deem expedient, to set up, use, or drive hackney carriages, for the conveyance of persons for hire, from place to place within the city, and they may revoke such licenses at their discretion; and a record of all licenses so granted shall be kept by the city marshal. Fee for license. 5. For every license so granted, there shall be paid Cit makeshal to the city marshal, the sum of one dollar, for the use of terly report. the aldermen of the city, and the city marshal shall Ib. make a quarterly report to the mayor and aldermen, of all sums so received, and shall pay over the same to the aldermen. When licenses 6. All licenses granted as aforesaid, shall expire on expire shall the first day of July next after the date thereof; and no ferredwithout, license shall be sold, assigned or transferred, without the &c. consent of the mayor and aldermen, endorsed thereon by lb. the city clerk. Who shall be 7. The person in whose name the license for a hackneyliable. carriage is taken out, as well as the owner, shall be liable lb. for all forfeitures and penalties herein contained, unless upon the sale of said carriage, notice be given to the city marshal and the license delivered to him. Neglect to take 8. Any person who may be licensed as aforesaid, either out license af- as owner or driver of any hackney-carriage, who shall ter itisgrante. continue to use any such carriage, and shall neglect or refuse to take out and pay for his license within ten days after the same has been granted, shall be liable to a fine of not less than one dollar, nor more than twenty dollars, for each and every day thereafter, that he or they shall refuse or neglect to take out such license. 9. Hackney-carriages shall be marked and numbered in the manner following, viz: every hack or landeau CARRIAGES. 81 licensed, shall be marked upon the outside and upon each Manner of side, on the sill or rockers, immediately below the doors, marking and with the number of the license, with white, gilded or plat- numbering. Ord., 1867. ed figures, in the Arabic character, of uot less than one inch and a half in size on a dark ground, or with a dark figure of the same size on a light ground, and no other figure or device within four inches of the same. Stage coaches shall bet numbered in like manner, on the top rail of the doors. Omnibusses shall be numbered in like manner, on the lower pannel of the door. The name of the owner, and the number of the license, together with the date of inspection and rates of fare, shall be printed on a card of suitable size, and placed in all the hackney-carriages by the city marshal at the time of inspection in the most conspicuous place for the information of passengers. And if any owner or driver of any hackney carriage shall use or drive any such carriage, or permit the same to be used and driven, without complying with the foregoing requisitions, said owner and driver shall each be liable to a fine of not less than two nor more than twenty dollars for each offence. 10. No owner or driver of any hackney-carriage shall g' No other n'umuse, or suffer such carriage to be used, with any other ber shall be used. number upon the same than that assigned by the mayor used. and aldermen, nor place the number on any other part of such carriage than that designated in the preceding section, under a penalty of not less than five nor more than twenty dollars, every time such carriage is used. 11.- No owner, driver, or other person having charge shanll not stand of any hackney-carriage, shall stand with such carriage in i, lany other any place within the city, to be employed, other than the lb. stand assigned to such carriage by the mayor and aldermen, under a penalty of not less than two nor more than twenty dollars for each offense. 12. No owner, driver, or other person having charge of any hackney-carriage, shall stop his carriage abreast of 6 82 CITY ORDINANCES. Shall not stand any other carriage in any street, square, lane, alley, or so as to obstruct. public place, so as to obstruct the same, or the sidewalk, Dt?> flag stone, or crossing thereof, under a penalty of not less than two nor more than twenty dollars for each offense. 13. Every owner, driver, or other person having charge haDrivell wear, &., of any hackney carriage which has a stand in any square badge. or street, at any railroad station, steamboat landing, thealb ter, museum, or other place of public entertainment, shall at all times when driving or waiting for employment, wear a badge on his hat or cap, with the number of his carriage thereon, in brass or plated figures of not less than one and a half inches in size, and so placed that the same may be distinctly seen and read; and he shall not wear upon his hat or carriage, the name of any public hotel, without permission of the proprietor of said hotel. Every person offending against the provisions of this section shall pay a penalty of not less than two nor more than twenty dollars for each offense. 14. No person except the owners or drivers of hacknunners shall not beemploy- ney-carriages, shall solicit or request, nor shall the owners ed. or drivers of any hackney-carriage hire, employ, or permit:lb. W any person to solicit or request any person or persons in the public streets, at places of public amusement, at railroad stations, steamboat landings, or any other public place in the city, to hire, engage or employ any hackneycarriage, under a penalty of ten dollars, to be recovered from such person, owner, or driver, any or either of them severally and respectively. Mayor may give 15. In any street or square, or at any theater, museum, directions. or other place of public amusement, where hackney-carlb. riages attend for passengers, the mayor, or any person or persons by him authorized, may give directions respecting the standing of such carriages, while waiting for their passengers, and the route they shall go when going to or leaving any such place of entertainment; and if any owner, driver, or other person having charge of any such carriage, CARRIAGES. 83 shall refuse to obey such order or directions of the mayor, or other person or persons by him authorized, he or they shall be liable to a fine of not less than five nor more than twenty dollars for each offense. 16. The prices or rates of fare to be taken by, or paid tates of fare. to the owner, driver, or other person having charge of any O., y hackney-carriages, except omnibuses, shall be as follows: is67. that is to say, for carrying a passenger from one place to another within the city, not exceeding fifty cents at any hour of the day or night; for children between the ages of four and twelve years, if more than one, or if accompanied by an adult, half price only is to be charged for each child; and for children under four years of age, when accompanied by their parents or an adult, no charge is to be made. Every owner, driver, or other person having charge of any hackney-carriage, shall carry in addition to one trunk, two articles, such as a valise, saddle-bag, carpet bag, portmanteau, box, bundle, or other similar articles used in traveling, if he be requested so to do, without charge or compensation therefor; but for every additional trunk, or similar article he may carry, he shall be entitled to demand and receive not exceeding twenty-five cents. If any driver or other person shall demand or receive any greater sumi for his services as specified in this section, or shall wilfully refuse to answer the demand of any person or persons for conveyance from one place to another within the city, he shall forfeit and pay for so doing a penalty not exceeding twenty dollars for each offense. 17. The city' marshal shall inspect all hackneycarriages before a license is granted for use of the same, it""Peted by and also upon the first Monday in July and January of lb. each year. And the owners of licensed hackney-carriages shall cause them to be presented to the city marshal for inspection upon the days above mentioned, at such hour and place as the city marshal may appoint, and the city marshal shall cause public notice to be given of the hour 6* 84 CITY ORDINANCES. and place at which he will inspect such carriages, at least one week prior to the first Monday in July and January of each year. And if any owner of any licensed hackneycarriage shall neglect to prest to the same for inspection as above provided for, his license for the use of such carriage shall be suspended until such inspection is made. If upon such inspection any carriage is found in an unsuitable condition, either as regards strength, general good order, or cleanliness in any of its appointments for the safe and comfortable conveyance of passengers, the city marshal shall notify the owner thereof to place such carriage in proper repair, and the license of such carriage shall be suspended until the required repairs shall have been made to the satisfaction of the city marshal. Casrriage not to 18. No hackney-carriage used for the conveyance of be driven by a minor, unless he be minor unless, s bs specially licensed by the mayor and aldermen, under a Ucrv. Ord., 1855. penalty of not less than two nor more than twenty dollars for each offense. OMNIBUSES. Time for start- 19. Each license of any omnibus belonging to any line tng. may specify the time that said omnibus shall leave the fb% stand, and no omnibus shall leave the stand designated for it, until five minutes shall have elapsed after the departure of the one immediately preceding, under a penalty of not less than two nor more than twenty dollars for each offense. 20. No owner or driver of any omnibus belonging to Stopping~ Stoptlnb. g any line shall stop his omnibus on any part of the route assigned thereto, unless called by or to leave a passenger, and then for no longer time than may be sufficient for such passenger to take his or her seat, or leave such carriage, under a penalty of not less than two nor more than twenty dollars for each offense. CARRIAGES. 85 21. No owner or driver of any omnibus shall drive Shall not leave his omnibus, or permit the same to be driven, on any other the route. route or street than that designated and established by the Ib. mayor and aldermen, under a penalty of not less than ten nor more than twenty dollars for each offense. TRUCKS, WAGONS, &C. 22. Every truck, wagon, dray, cart, sleigh, hand-cart, License fo hand-sled, or other vehicle, which shall be used in this city trucks, wagfor the conveyance from place to place within the city, of ois, &C. wood, coal, lumber, stones, brick, sand, clay, gravel, dirt, rubbish, goods, wares, furniture, merchandise, building materials, or any other article or thing whatsoever, shall be licensed as hereinafter provided, and shall have the number of the license placed on the outside of the same, in plain, legible figures of not less than one and a half inches in size, so that the same may be distinctly seen: And if the owner of any such vehicle shall use or suffer the same to be used, or if any other person shall use any such vehicle, without being licensed as hereinafter provided, or without having the number placed thereon, as aforesaid, he or either of them shall be liable to a fine of not less than three dollars nor more than twenty dollars for each offense. 23. The mayor and aldermen will, from time to time, Mayor and algrant licenses to such persons as they may deem suitable, dermen may license and reand upon such terms as they may deem expedient, to use voke. and to drive any such vehicle as aforesaid, within the city Ib. of Portland, and they may revoke such licenses at their discretion; and a record of all licenses so granted shall be kept by the city marshal. 24. For every license so granted there shall be paid Fees for license. to the city marshal the sum of twenty-five cents, for the Cito make qual use of the aldermen of the city; and the city marshal terlyreport. shall make a quarterly report to the mayor and aldermen Ib. of all sums so received, and shall pay over the same to the aldermen. 86 CITY ORDINANCES. When licenses 25. All licenses granted as aforesaid shall expire on shall expire. Shall not be the first day of July next after the date thereof, and no transferred le o without, c flicense of any vehicle shall be sold, assigned, or transferred Lb. without the consent of the mayor and aldermen, endorsed thereon by the city clerk. Who shall be 26. The person in whose name a license is taken out liable. for any such vehicle shall, for all the purposes of this ordilb. nance, be considered as the owner of the same, and be liable to the penalties herein contained, unless upon sale of any such vehicle notice thereof be given to the city marshal, and the license be delivered up to him. Using for un- 27. Any person licensed as aforesaid, either as owner lawful pur- or driver of any of the be-fore meltioned vehicles, who l)oses. LIt). shall use or suffer to be used any such vehicle or vehicles for any unlawful purpose, shall pay a penalty of not less than ten n6r more than twenty dollars, and his license shall be revoked by the mayor and aldermen. Pace at which 28. All drivers or other persons having the care and horses, &c., ordering of any truck, cart, wagon, sled, or dray, passing shall go. in or through the streets, squares, or lanes of the city, shall drive their horses or beasts at a moderate foot pace, and shall not suffer or permit them to go into a gallop or trot; and such drivers or other persons shall hold the reins in their hands to guide or restrain such horses or beasts, or they shall walk by the head of the shaft, or wheel horse, either holding or keeping within reach of the bridle or halter of said horse or other beasts, and any person violating either of the provisions of this section shall be liable to a fine of not less than five nor more than twenty dollars for each offense. 29. Every person licensed by virtue of the preceding ro obey rules sections shall be bound to obey and comply with all rules and regula- < tions. and regulations and ordinances that are or may be fromn lb. time to time prescribed by the city council, or mayor and Penalty. aldermen. One-half of any penalty that may be recovered by virtue of the provisions of the preceding sections, shall CARRIAGES. 87 accrue to the complainant, and he shall be entitled to receive the same from the city treasury when collected. CARRIAGES IN GENERAL. 30. No carriage or vehicle of any description, whether Bells required of burden or pleasure, shall be drivein through any part of in certain cases. the city of Portland, during any time that the snow or ice Ib. shall be upon, or cover the streets, squares, lanes, or alleys of the said city, unless there shall be three or more bells attached to the horse or horses, or some part of the harness or shaft thereof, under a penalty of not less than three nor more than twenty dollars for each offense. o1. No owner, driver, or other person having the care Carriages sllal of any carriage, truck, cart, wagon, sleigh, sled, or other not stop so as wagon, to obstruct foort vehicle, whether used for burden or pleasure, shall stop or passengers. place such vehicle at or near the intersection of any street, Ib. lane, or alley, in such manner as to cross the footing or flag stones, or prevent foot passengers from passing the street, lane, or alley in the direction or line of the foot way or flag stone, on the side of such street, lane, or alley, under a penalty of not less than three nor more than twenty dollars; and any person who shall have so placed any such vehicle as aforesaid, and shall not immediately, on the request of any foot passenger, cause the same to be removed, or who shall absent himself so that such request cannot be immediately made and complied with, shall be liable to an additional penalty of not less than two nor more than ten dollars. 32. No truck, cart, or other vehicle shall be so placed How trucks, in any street within the city by the owner, driver, or other shall bed. person having the care or ordering thereof, as to prevent lb. the passing of any other truck, cart, or carriage of any description; and no such vehicle shall be wholly or in part backed or placed across any street, square, lane, or alley, or upon any sidewalk or foot way of the same, unless it be for a reasonable time, not exceeding ten minutes, for the 6*t 88 CITY ORDINANCES. Loading and loading or unloading of heavy articles. Any owner, unloading. driver, or other person having the care of any such vehicle, lb. violating either of the provisions of this section, shall be liable to a penalty of not less than five dollars nor more than twenty dollars for each offense. Mayor and al- 33. The mayor and aldermen are authorized and emdermen to ap- powered to appoint from time to time, as occasion may poinlt stands, oiac. require, such and so many stands for trucks, carts, wagons, rbe sleds, sleighs, hackney-coaches, and other vehicles, as may appear to them to be requisite; and no owner or driver of any such vehicle shall suffer the same to stand in any other place than has been or shall be designated, under a penalty of not less than three nor more than ten dollars. Carts, &c., to 34. Every owner, driver, or other person having the be placed near sidewalks. care or ordering of any cart, truck, wagon, sled, or other fb. vehicle, shall place his horse and cart, truck, wagon, sled, or other vehicle, as near as possible to the post or abuting stone of the foot or sidewalk of the street in which he shall stand, and no more than one range of carts, trucks, or other vehicles shall stand in the street, nor shall any such vehicle so stand as to prevent the free passage of any other vehicle in the streets, squares, lanes, or other public places; and any person who shall violate the provisions of this section shall be liable to a fine of not less than three nor more than ten dollars. aorses, &c., 35. No owner or driver of any hackney-carriage, truck, not to be fed on sidewalks. wagon, dray, cart, sleigh, sled, or any other vehicle whatLb. soever, with horse or any other beast harnessed thereto, shall bait or feed any such beast on any sidewalk of the city under a penalty of not less than two nor more than ten dollars for each offense. aiding upon 36. No person shall ride upon or take hold of any part outside of carriages, &c., of any chaise, coach, omnibus, or other carriage used for forbidden. the purpose of transporting persons, while the same is passing, without the permission of the driver or person having the charge thereof, under a penalty of not less than one nor more than ten dollars. CEMETERIES. STATUTE. 1. Injury to monuments and burial places. ORDINANCES. 1. Committee on cemeteries, &c. 2. " their duty. 3. EVERGREEN CEMETERY, lands appropriated. 4. " " price of lots in. 5. Evergreen fund. 6. Same subject. 7. City treasurer to record lots and sales in Evergreen ceme tery, &c. 8. Evergreen cemetery, superintendent of. 9. Duties of superintendent. 10. Clause 1. Interments in Evergreen cemetery. 2. Space in lots fronting avenues. 3. Lots for tombs. 4. Monuments, trees, &c. 5. Projecting roots, &c., to be removed. 6. Grading of lots. 7. Rubbish to be removed. 8. Violators of rules to be expelled, &c. 9. Wooden fences, &c., prohibited. 10. Unseemly noises, &c., prohibited. 11. Horses not to be left unfastened. 12. Committee on cemetery not to receive compensation. 13. Body not to be removed from tomb, except, &c. 14. Superintendent to direct grading of lots. 11. Standing trees not to be removed without permit. 12. Superintendent of burials, charge of receiving tomb. 13. " not to allow bodies deposited in tomb, except, &d~ 90 CITY ORDINANCES. 14. Temporary burials and removals. 15. Undertakers, fees of. 16. FOREST CITY CEMIETERY, lands appropriated. 17. " " " city treasurer to execute deed. 18.,4" " " " " to keep record. 19. " " " superintendent of. 20. " " " committee may exchange lots. STATUTE. njury to mon- 1. Whoever wilfully destroys or injures any tomb, uments and gravestone, monument, or other thing placed or designed places of burial. as a memorial of the dead, or any fence, railing or other 1t.S., clap. l24, thing placed about or inclosing the burial place of the ~ 27. dead; or wilfully injures, removes, or destroys any tree, shrub, or plant, within such inclosure, shall be punished by imprisonment less than one year, or by fine not exceeding five hundred dollars. ORDINANCES. committee on 1. There shall be appointed annually, a joint commitcemeteries to tee of the city council, to be called the committee on be appointed. cemeteries and public grounds, to consist of one member Rev. Ord., 1855, as amendedl by of the board of mayor and aldermen, and three members city charter. of the common council. 2. The said committee shall have the care and superTo have care vision of the cemeteries of the city; of Evergreen cemeand custody of cemeteries, tery, belonging to the city, in the town of Westbrook; of promenades, the promenades, and all other public grounds of the city, i,. subject to such rules, orders and regulations as the city council may from time to time adopt. EVERGREEN CEMETERY. 3. The tracks of land situated in the town of WestLalnds appropriated. brook, purchased by the city of Oliver Buckley and Rev. Ord., 18s5. William Stevens, by their several deeds, dated February 28, A. D. 1852, containing about fifty-five acres, are hereby set apart and appropriated for the burial of the CEMETERIES. 91 dead in this city, and the same shall be called and known by the name of Evergreen. cemetery, according to the plan thereof made by Charles H. Howe, adopted and established by the city council on the second day of March, A. D. 1854. 4. The city treasurer, on the payment of the sum of Lots, price of, twenty dollars for a lot in said cemetery by any inhabitant &c. or non-resident tax-payer of this city, shall be, and hereby Ord., April 16, is required to execute and deliver to said person, his heirs 1866. and assigns forever, a certificate of said lot, signed by him, which may be in the following form, to wit:" Know all men by these presents, that the city of Portland, in consideration of twenty dollars paid by -, hereby give and grant to the said, heirs and assigns forever, the right to occupy for the purpose of burial, lot number - of section - in Evergreeen cemetery, belonging to the city, situated in Westbrook, being the lot described by that number on a plan of the cemetery on file in the office of the city treasurer. This right is granted, and is to be held and enjoyed subject to all such general regulations as have been or may be adopted by the city council or under their authority, for the mllanlagement and care of the cemetery, and the due observance of order therein, and the same shall not be assigned or transferred without the consent of the city treasurer endorsed thereon. In witness whereof this instrunlent is subscribed by - -, in behalf of the city, this -- day of, A. D. 18-. --, City Treasurer." Any party, (except the city,) transferring a lot, purchased prior to the passage of this ordinance, shall pay into the fiund [as provided by the following sections] the sum of ten dollars at the time of making such transfer. a. One-fourth part of the amount received from the Evergreen sale of lots in Evergreen cemetery, and all sums received fund. from transfer of lots, together with all donations made Ord.,June 28, an 1867. by the holders of lots, or other persons, shall constitute a fund to be called " Evergreen fund," the interest of which shall be appropriated to improving and ornamenting the grounds and lots in said cemetery and keeping the 92 CITY ORDINANCES. same in good order under the direction of the committee on cemeteries and public grounds. The payment of a sum not less than twenty-five dollars into the fund for each lot by the holder or any other person, shall entitle the donor to have the lot designated by him, kept in good order by the superintendent of said cemetery forever. And the said committee on cemeteries shall in their discretion cause such care and attention to be bestowed upon such lots as may be in accordance with the written request of the donors. 6. The city treasurer shall have the care and custody 1kW of said fund, and such portion of the same as may not be wanted for immediate use in accordance with the provisions of this ordinance, may be loaned to the city on interest, or securely invested under the direction of said committee on cemeteries and public grounds, and all interests received, during each year, above'the expenditures made, shall be added to the principal of the fund. The treasurer shall, at the close of each financial year, report to the city council the state of the condition of the funds. city treasurer 7. The city treasurer shall keep a record in which shall to keep record, be entered all the lots of said cemetery, agreeably to the &c. plan aforesaid, with their number and section, and with Rev. Ord. 1855. columns ruled for the names of the purchasers of each lot, the price, and date of sale. He shall, also, open a cemetery account, in a book kept for that purpose, in which shall be entered all moneys received on account of said cemetery; and he shall, annually, in the first week of April, report to the city council, a statement of all lots sold and assigned by him, with their number, and the names of the purchasers, and date of sale, and the amount received therefor. And all moneys so received shall be and hereby are constituted a fund to be appropriated exclusively for the purpose of improving and ornamenting said cemetery. 8. There shall be appointed by the mayor and alder CEMETERIES. 93 men, annually, by nomination of the mayor and approval Superintendent of the aldermen, a superintendent of Evergreen cemetery, lb., as,aendd who shall be, ex officio an undertaker, and who shall hold,by Ord., May his office for one year, or until a successor is appointed by city charand qualified. ter, ~ 6. 9. Said superintendent shall under the direction of the Dutiesofsuperjoint standing committee on cemeteries have the general intendent. supervision and care of said Evergreen cemetery, keep Ord., April 18, the fences, walls, gates and buildings in good repair, 1866. superintend all improvements and ornamenting of the grounds which may be directed by the committee, and have care of all carts and tools belonging to the city used on said grounds, and make report to the mayor annually in the month of February what property belonging to the city may be in his possession. He shall see that all the rights of the city are respected by artists, mechanics and laborers employed on the ground by holders of lots-that no encroachments are made upon any of the avenues, paths or lots reserved for ornamental purposes, and that all regulations with regard to interments, and that the construction of tombs and other structures, be duly complied with. He shall have power to remove from the cemetery improper and disorderly persons; also to abate nuisances and remove unnecessary incumbrances. It shall be his duty to acquaint himself with the lines and bounds of all lots in said cemetery assigned to purchasers, keep a plan of the ground on the premises for reference, and hold himself in readiness to give all necessary information and assistance to purchasers in the selection of lots. 10. Clause 1st. No interment shall be made in or Of irment upon any lot for hire, nor without the written permission lb. of the recorded holder of the lot in which the interment is to be made, or of his legal representative. Clause 2d. A space of not less than three feet in width Space in lots shall be reserved for ornamental purposes on the front of fronting avenall lots facing avenues, and of two feet in width on lots fronting paths, and no interments shall be made therein. 94 CITY ORDINANCES. Lots for tombs. Clause 3d. Lots for tombs may be sold in places approved by the joint committee on cemeteries, but no tomb shall be erected wholly, or in part, above ground without permission of the committee, and all such must be furnished with shelves having divisions allowing interments to be separately made and perfectly sealed, so as to prevent the escape of unpleasant effluvia. Such portions as are above ground must be faced with granite or marble. Monlluments, Clause 4th. The holder of each lot shall have the trees, &c. right to erect any proper stones, monuments, or sepulchral structures thereon, and also to cultivate trees, shrubs and plants on the same; but no tree growing within the lot or border shall be cut down or destroyed without the consent of the'committee. Rtoots, branch- Clause 5th. If any trees or shrubs, situated in any lot, es, &C., pro- shall, by means of their roots, branches or otherwise, jeeting, to be removed. become detrimental to the adjacent lots, avenues or paths, or unsightly or inconvenient to passengers, it shall be the duty of the committee, and they shall have the right to enter the said lot and remove, or cause to be removed, the said trees or shrubs, or such parts thereof as are detrimental, unsightly or inconvenient. GraLding of lots. Clause 6th. The grades of all lots will be determined by the committee, and all workmen employed in the construction of vaults, enclosing of lots, erection of monuments, &c., must be subject to the control and direction of the superintendent acting under the direction of the committee, in all matters appertaining to the general regulations of the cemetery. Itubbish to be Clause 7th. Persons employed to work on lots must removed. remove all the rubbish which they make, to such places of deposit as may be provided for the purpose, or if no places are provided, it must be removed from the cemetery. If they fail to do so, it may be removed by the superintendent at the expense of the holder of such lot or lots. Clause 8th. All persons employed to work on or about CEMETERIES. 95 lots, wilfully violating or refusing to conform to the rules Violations of C In ~~~ ~~rules to be exand regulations for the government of the cemetery, may pelled, &c. be expelled from or prohibited performing any further work in the cemetery without permission from the committee. Clause 9th. Holders of lots will not be permitted to woode,, fences, erect wooden fences on the lots, or set up wooden head- p&., prohibitboards or grave stones of slate. Live hedges are allowed. All foundations of monuments and other structures shall be made satisfactory to the superintendent, under the direction of the committee. Clause 10th. All persons who shall be found within Unseenfly the grounds making unseemly noises, discharging fire-arms, noises, &c., prohibited. driving at a rapid rate through the avenues, or otherwise conducting themselves unsuitably to the purposes to which the grounds are devoted, or in violation of these several regulations, will be required instantly to leave the cemetery, and upon refusal to do so, may be forcibly ejected by the superintendent. Clause 11th. Horses must not be left unfastened IHorses not to b without a keeper; nor fastened, except at the posts pro- left lnnfastelled. vided for that purpose. Clause 12th. No member of the committee on ceme- Commnitteo on cemetery not teries shall receive any compensation for services, or have to reeiv comany interest whatever in any work or materials furnished pensation. for any of the cemeteries. Clause 13th. No body shall be removed from the Bodynotto be removed friom receiving tomb without the knowledge of the superin- receiving tomb tendent of the cemetery. except, &c. Clause 14th. All lots hereafter sold, shall be graded Superintendent under the direction of the superintendent, at such price as to irect grodshall be agreed upon with said superintendent. Any profits arising from said grading shall go into the fund for the preservation of the grounds and lots as before provided. And no person shall be employed to grade said lots except by consent and under the direction of the superintendent. 11. No person shall cut down or remove any of 96 CITY ORDINANCES. Standing trees the standing trees within Evergreen cemetery, except by not to be removed without written permit of the committee on cemeteries and public Opermit. grounds, and any person violating thlis section shall be Ord. Aug. 15, Is86. liable to a penalty of not less than ten, and not more than seventy-five dollars for each offense. 12. The superintendent of burials, under the direction Superintendent of burials has of the committee on cemeteries and public grounds, shall charge of rechreeivi tofe have charge and control of the receiving tomb in EverOrd., Jan. 5, green cemetery, and it shall be his duty to take care that 1864. ~ 1. said tomb is well secured by locks and bolts, and to keep a record of the name, age and residence of each deceased person who may be placed in said tomb, the time when so deposited, and the time of removal and the place of burial. Of bodies de 13. The superintendent of burials shall not allow the Of bodies deposited in body of any deceased stranger, or any person not owning tomb, &c. a plat or lot in said cemetery, to be deposited in said lb. ~ 2. tomb without the permission of the committee on cemeteries in writing) nor until the price of a plat or lot in said cemetery shall have been deposited with the city treasurer; and no dead body shall be removed from said tomb without the permission of the superintendent of burials. Temporary bu- 14. All bodies that may be deposited in said tomb Temporary burials. IRemov- waiting burial, shall be removed therefrom by the underalb 5. taker depositing the same, before the fifteenth day of May lb. ~ 3. in each year, unless suffered to remain by special permlssion of the committee on cemeteries. Fee of unler- 15. The undertakers shall be allowed to charge and takers. receive for their services for attending a funeral and II). ~ 4. depositing the body of an adult in said tomb, six dollars, and for the removal and interment of said body in said cemetery, the further sum of two dollars; for attending Same. the funeral services of a child and depositing the same in said tomb, four dollars and fifty cents, and for the removal and burial of the same, one dollar, to be charged to the person or persons requesting said service. CEMETERIES. 97 FOREST CITY CEMETERY. 16. So much of the tract of land lying north-west of Land approprithe fence of the Kennebec and Portland railroad, in the ated for "Fortown of Cape Elizabeth, purchased by the city of Samuel et City CemeHaskell, as per his deed, dated August 12, 1858, is here- Ord., Dec. 17, by set apart and appropriated for the burial of the dead, 1858s ~ 1. and the same shall be called and known by the name of the "Forest City cemetery," according to the plan thereof made by Charles IH. Howe, city engineer, and adopted and established by the city council on the seventeenth day of September, A. D. 1858. 17. The city treasurer, on the payment of the sum fixed City treasurer upon said lots, in the schedule of the same, on the afore- to execute deed. said plan of Charles H. Howe, by any person, shall be, lb. ~ 2. and hereby is required to execute and deliver to said person, his heirs and assigns forever, a certificate of said lot, signed by him, similar in form and upon the same terms as the certificate now given for lots in Evergreen cemetery. 18. The city treasurer shall keep a record of all the City treasurer lots sold in said cemetery, and an account of all the to keep record, moneys received for the same, and shall annually Ib. ~3. report to the city council a statement of all lots sold, and assigned by him, with the names of the purchasers, and amount received by him therefor. And all moneys so received shall be, and hereby are constituted a fund, to be appropriated exclusively for the purpose of improving and ornamenting said cemetery. 19. There shall be appointed by the mayor with the Superintendent advice and consent of the aldermen, annually, a superin- Ib. ~ 4, as tendent of Forest City cemetery, who shall be ex officio an city chearter, undertaker, and who shall hold his office for one year, or ~ 6. until a successor is appointed and qualified, and his duties shall be the same in reference to the Forest City cemetery 7 98 CITY ORDINANCES. as those of the superintendent of burials, in reference to cemeteries within the city. Committee au-, 20. The committee on "cemeteries and public grounds" thoariznged lotso ex- are hereby authorized, at any time, to exchange, free of &c. cost, any lot in Forest City cemetery for a lot in the Lb, ~ 5~ Eastern or Western cemeteries in this city, and the treasurer, upon the written request of said committee, shall make, execute and deliver, a certificate of such lot, free of charge, if so requested by said committee. CITY AUDITOR. ORDINANCES. 1. The city auditor elected annually. 2. To give bond. 3. Successor to be appointed in case of death, &c. 4. Expenditures to be vouched and drawn for. 5. Payments in advance, how made. 6. Committee on accounts to direct auditor, and examine bills. 7. Auditor to keep books. 8. Auditor to examine bills against city, &c. 9. Auditor to make annual estimates and statement of expenditure. 10. Auditor to open an account with treasurer. 1. There shall be elected annually, or at the time that City auditort to may hereafter be fixed for the election of other subordi- bel elted acnnually. nate officers, one person, possessing a practical knowledge Ord., April:i, of book-keeping, to be styled the city auditor of accounts, 8s59, ~,b of book-keeping, to be syled te cit) auditr of acounts as amended by who shall continue in office during the year ensuing his city charter. election, and until another person has been elected and qualified in his place. 2. Said auditor of accounts shall be sworn to the To give bon faithful performance of the duties of his office, and give Ib. ~ 2. bond, with surety or sureties, to be approved by the mayor and aldermen, in the penal sum of three thousand dollars, for the faithful performance of said duties, the true accounting for and payment over of all city moneys which 100 CITY ORDINANCES. shall come into his hands, and the delivery over to his successor, or to the city clerk, of all the books, accounts, papers, and other documents and property which shall belong to said office. A successor to 3. In case said office shall become vacant by death, be appointed in case of resignation or otherwise, a successor shall forthwith, and death, &c. in like manner, be appointed, who shall continue in office lb. ~ 2. until the appointment and qualification of a successor. Expenditures 4. No moneys shall be paid out of the city treasury to be vouched unless the expenditures or the terms of the contract shall and drawn for. flb. ~ 3. be vouched by the chairman of the committee of the board, under whose authority it has been authorized and made; nor unless the same shall be examined by the auditor,. approved by the committee of accounts, and drawn for by the mayor.:Payments in 5. In all cases where it is necessary for money to be advance, how paid in advance, for contracts made or for works begun,:b. ~ 3. but not completed, the mayor may, upon being satisfied of such necessity, draw upon the city treasurer for the amount thus necessary to be advanced, which draft shall be paid by the city treasurer, provided the same be countersigned by the auditor; and it shall be the duty of the auditor to countersign all such drafts, not exceeding five hundred dollars, and to charge the same to the proper person and account; but the said auditor shall not countersign any such draft for any sum exceeding five hundred dollars, without the direction of the committee on accounts. Committee on 6. It shall be the duty of the committee of accounts accounts to di- to direct the auditor as to the manner in which the books, aeect auditor, and examine records and papers belonging to the department shall be bills. kept, and the mode in which all bills and accounts against:ib ~ 4, the city shall be certified or vouched, and as often as once in every month to examine, and if they see fit, to pass all bills and accounts against the city, which shall be certified by the auditor. 7. It shall be the duty of the auditor to keep, in a CITY AUDITOR. 101 neat, methodical style and manner, a complete set of books, Auditor to keep books. under the direction of the committee of accounts, wherein lb. ~ 5. shall be stated, among other things, the appropriation for each distinct object of expenditure, to the end that whenever the appropriations for the specific objects shall have been expended, he shall immediately communicate the same to the city council, that they may be apprised of the fact, and either make a farther appropriation or withhold, as they may deem expedient. 8. The auditor shall receive all bills and accounts from Auditor to expersons having demands against the city, examine them amine all bills in detail, cast up the same, and have them filed and against the city, &C. entered in books, in such manner and form as the committee lb. 5. of accounts shall order and direct. When the auditor shall have any doubt concernirng the correctness of any such bill or account presented against the city, he shall not enter the same in a book until he shall have exhibited the same, with his objections, to the committee of accounts, at their next meeting, for their consideration and final decision. And it shall also be the duty of the auditor to render any other services, from time to time, as the city council or the committee of accounts shall direct. 9. It shall be the duty of the auditor of accounts to Auditor to lay before the city council annually, at such time as the make annual estimates and council may direct, an estimate of the amount of money statement of necessary to be raised for the ensuing year, under the expenditure. respective heads of appropriation; and shall also annually, Ib ~ 6. at such times as the council may direct, make and lay before said council a statement of all the receipts and expenditures of the past financial year, giving in detail the amount of appropriation and expenditure for each specific object, the receipt from each source of income, the whole to be arranged as far as practicable to conform to the accounts of the city treasurer; and said statement shall be accompanied by a schedule of all the property belonging to the city, and an exhibit of the debts due from the city. 102 CITY ORDINANCES. Auditor to open 10. The auditor shall open an account with the treasan account urer of the city, charging said treasurer with the whole with treasurer. amount of taxes placed in his hands for collection, also the b. whole amount in detail of all bonds, notes, mortgages, leases, rents, interest and other sums receivable, in order that the value and description of all personal property belonging to the city may be at any time known at the office of the auditor. CITY CLERK. STATUTES. 1. Notice of intention of marriage, how recorded. 2. Clerk to give certificate. 3. Penalty for false certificate. 4. Clerk to record births and deaths. 5. Parents, &c., to notify clerk of births and deaths. 6. Penalty for neglect. 7. Mortgages of personal property to be recorded, when. 8. When mortgagers reside out of the State. 9. Where mortgages to be recorded. 10. Attached personal property, when to be recorded. 11. Clerk may appoint deputy. 12. Appointment to be in writing. 13. Deputy to be sworn. ORDINANCE. 1. Duties of clerk. STATUTES. 1. All residents of this State intending to be joined in Notice of intenmarriage, shall cause notice of their intentions to be tion of marriage, how to recorded in the office of the clerk of the city, town or be recorded. plantation in which they respectively reside, at least five R. s., chap. 59, days before a certificate of such intentions shall be grant- ~ 5, as amended by Act 1859, ed; and the book in which said record is made shall be chap. 14. labelled on the outside of the cover thereof, with the Book of record to be labelled words " Record of intentions of marriage," and be kept and kept open open to public inspection in the office of the clerk, and to inspection. 104 CITY ORDINANCES. if there be no such clerk in the place of their residence, the like entry shall be made with the clerk of an adjoining town or plantation. Clerk to give 2. The clerk shall deliver to-the parties a certificate, certificate. under his hand, specifying the time when notice of Ib. ~ s. the intentions of marriage was entered with him, which certificate shall be delivered to the minister or magistrate, in whose presence the marriage is to be contracted, before he shall proceed to solemnize the same; provided, that Certificate not no clerk shall issue such certificate to a male under to be issued to minoerssueit to twenty-one, or a female under eighteen years of age, out consentof unless the parties applying for said certificate shall first parents or guardians. present to him the written consent of the parents or guardians of such applicant, if any they have residing within this State, that such certificate may issue; or to any town pauper, when the overseers of the poor of any town or city shall deposit a list of the names of the paupers of such town with said clerk. Penalty if clerk 3. If any town clerk knowingly delivers to any person violates. a certificate of the intention of matrimony in violation of Act, 1859, ~ 3 the provisions of the preceding section, or shall so deliver a certificate falsely stating the residence of either party named therein, he shall be fined.twenty dollars. Town clerk to 4. Every town clerk shall record all births and deaths, recOrd birtls which occur in his town and come to his knowledge, and deaths. R. S., chap. 59, stating the time of each, and the names of the parents, if ~ 20. known, for the fees allowed by law, to be paid by such town. Parents and 5. Parents, householders, masters of workhouses, alms others to notify houses, prisons, and vessels, shall give notice to the clerk clerk. Ib. ~ 21. of their town of the births and deaths, which take place in their families, houses, or vessels, and the elder person next of kin shall give notice of the death of his kindred. Penaltyforneg- 6. Any person, neglecting to perform the duty relect. quired of him in the two preceding se.ctions for the space Ib. ~ 22. of six months, shall forfeit and pay one dollar for each CITY CLERK. 105 offence, to be recovered, on complaint, to the use of the town. 7. No mortgage hereafter made of personal p5roperty, Mortgages of to secure payment of more than thirty dollars, shall be personal prop-l valid against any other person than the parties thereto, exceptbetween parties, unless unless possession of such property is delivered to and recorded or retained by the mortgagee, or the mortgage is recorded by possession the clerk of the town, plantation, or plantation organized for election purposes only, in which the mortgager resides. R. S., chap. 91..n ~ 1, as amendWhen a corporation makes a mortgage it shall be recorded edby Act, 1865, in the town where it has its established place of business. bychap. 28, 1867nd When the mortgager resides in an unincorporated place chap. 64. other than a plantation organized for election purposes, the mortgage shall be recorded in the oldest adjoining town, plantation, or plantation organized for election purposes only, in the county. But a mortgage of personal property made to secure the payment of thirty dollars or less, may be recorded by the same clerk, in the same manner, and with the same effect as a mortgage of personal property made to secure the payment of more than thirty dollars. 8. When all the mortgagers of personal property certain mortreside without the State, and the mortgagee does not take gages to be recorded in city possession, the mortgage shall be recorded on the records or town whlere property is. of the city or town in which the property is when the Act 1864, mortgage is made. chap. 243, ~ 1. 9. Where there are two or more mortgagers, some of Mortgagers residing in State, whom are residents within the State, the mortgage shall be mortgage to be recorded in the cities or towns in this State in which such recorded where they reside,&c. mortgagers reside. lb. ~ 2. 10. When any personal property is attached, which Attachment by reason of its bulk or other special cause cannot be im- how presoperty mediately removed, the officer may, within five days there- cannot be reafter, file in the office of the clerk of the town, in which 18 Maine, 125., the attachment is made, an attested copy of so much of 19 Maine, 92, his return on the wfit, as relates to the attachment, with 435. 106 CITY ORDINANCES. the value of the defendant's property which he is thereby ~. S., chap. 81, commanded to attach, the names of the parties, the date of the writ, and the court to which it is returnable; and such attachment shall be as effectual and valid, as if the property had remained in his possession and custody. The clerk shall receive the copy, and note thereon the time of his receiving it, and enter it in a book kept for that purpose, and keep it on file for the inspection of those interested therein, for which he shall be entitled to ten cents. City clerk may 11. The town clerk of any town may appoint a citizen appoint a de- of said town, his deputy, who may, whenever the clerk is puty. St. 1860, Mar. absent from his office, perform the duties of clerk, as set 17, ~ 1. forth in section two of chapter ninety-one of the revised statutes, with the same effect as if performed by said clerk. Appointment to 12. The appointment may be in writing, as follows: be in writing. I hereby appoint to perform the duties of town clerk as set lb. ~ 2. forth in section two of chapter ninety-one of the revised statutes, in the town of - during my absence from the clerk's office. Clerk of the town of Deputy to be 13. Before said deputy shall enter upon the duties of sworn. his office, he shall be sworn before a justice of the peace, lb. ~ 3. faithfully to discharge the duties of his office. ORDINANCE. 1. The city clerk shall keep a full record of all the Duties of city clerk. doings of the board of aldermen, and of all conventions Rev. Ord., 1855. of the city copncil, which record shall be subject at all times to the inspection of the mayor, or of any person or persons authorized thereto by the board of aldermen, or the city council. He shall notify all persons appointed to office by the mayor and aldermen, or by the city council, and he shall give notice to the chairman of all committees, the appointment of which shall originate in the board of aldermen, and shall transmit all papers to the common CITY CLERK. 107 council, when necessary for their convenience. He shall preserve all papers belonging to the city in suitable files, prepared for the purpose, and shall carefully keep all ordinances, after they have been finally passed, in a book or books to be inspected from time to time by the mayor and members of the city council. He shall procure all stationery and other necessary articles which may be needed by either branch of the city council, or any city officer, and keep an account thereof, to be laid before the city council. He shall draw bills and ordinances, when thereto required by any committee, and perform such other duties as may be prescribed by the board of aldermen or the city council. 108 CITY ORDINANCES. CITY CONSTABLE AND MIESSENGER. ORDINANCES. 1. Duties of city constable and messenger. 2. To be subject to orders of city council. 1. There shall annually be appointed by the city DIuties of city council, a suitable person to be styled city constable and constable and messenger. messenger, who shall receive, deliver, and execute all lRev. Ord., 1855. notifications, summonses, warrants, and precepts, issued by the mayor, the city council, or either branch thereof, or by any committee of the same, and make due return of the same. He shall prepare and arrange the rooms and building in which the city council hold their sessions, and be in constant attendance on the city council when in session, and under the direction of the mayor, or city clerk, shall provide fuel, lights and other things necessary for the accommodation of both branches of the city council, or any committee thereof. He shall receive and deliver all notifications to officers elected by the city touncil, or by the mayor and aldermen, and he shall deliver all notifications to committees when thereto requested by the city clerk, or clerk of the common council. He shall perform the duties of clerk of the market. He shall have the superintendence of the city hall and city government house, together with the furniture, and see that they are kept in good condition and ready for CITY COUNCIL. 109 use. He shall also prepare and make ready the rooms which may be selected for ward meetings, and have the same cleaned and put in order, after said meetings are adjourned. 2. The city constable and messenger shall at all times To be subject to be subject to such further orders as the city council may orders of city make. Ib, CITY COUNCIL. ORDINANCE. 1. City council, stated meetings of. 1. Stated meetings of the city council shall be held Stated meeton the first Monday evening of each month, at seven and ings. a half o'clock. Special meetings of the mayor and alder- Ord., July 6, men, and of the city council, shall be called by the mayor, at such times as he may deem expedient, by causing a notification to be left at the usual residence or place of business, of each member of the board or boards, to be convened. [For powers and duties of the city council, see CITY CHARTER.] 110 CITY ORDINANCES. CITY ENGINEER. ORDINANCES. 1. City council to choose city engineer. 2. Duties. 3. Same. 4. MIean tide elevation to be a base line. 5. Description of streets, drains, sewers, &c., to be recorded. 6. To make plans of sewers. City council to 1. There shall be chosen annually, and whenever a choose city en- vacancy occurs, by the city council, a city engineer, who gineer. shall hold his office until a successor is chosen or he is Rev. Ord., 1855, as amended by removed. He shall be removable at the pleasure of the city charter, city council, and shall receive such compensation for his services as said council may from time to time determine. Duties. 2. The city engineer, under the direction and control lb. of the mayor and aldermen, shall have charge of all the plans of streets belonging to the city; he shall make all surveys, admeasurements, and levels of streets in the city, and plans and profiles of the same, when thereto required as hereinafter mentioned, and perform such other surveying and engineering services as may be required by the mayor and aldermen or any committee of the city council. He may appoint assistants, subject to the approval of the mayor and aldermen, who shall receive such compensation as the city council may determine. CITY ENGINEER. 111 3. The city engineer, when required as aforesaid, sme. shall take the angles contained between different street b. lines, and make a record of the same, as the true lines of the street, and those angles shall all have reference to a given base line. He shall also cause street monuments to be placed at the angles of the streets as well as at the points of intersection, on which monuments, the letter M shall be cut, and it shall be the duty of the commissioner of streets to put down such monuments when requested so to do by said engineer. 4. Mean tide elevation, (as obtained by the coast Mean tideelesurvey,) shall be adopted as a base line, from which all tion to be base line. levels taken by the engineer shall be measured, and to which all grades of streets, sewers, drains, &c., shall have reference, and points shall be established in different parts of the city from which the grades can at once be accurately obtained. 5. Said engineer shall record in a book, to be kept for Description of that purpose, marked " street angles and distances," an streets, drains, - sewers, &c., to accurate description of the angles, the points of beginning be recorded. and ending of each street line, and the distances between lb. said points. He shall also record in another book, marked "grades of streets, sewers, drains, &c.," an accurate description of all the grades of the streets, sewers, drains, &c., which books of record shall be certified by him, and be deposited among other city records. 6. The said city engineer whenever any common sewer City engineer to is ordered to be built or repaired, shall ascertain its depth, make plans of sewers. breadth, mode of construction and general direction; with rd89 June Ord., 1859, June, the dimensions of each lot of land benefited thereby, and 17. a list of the owners of the same; and take the plan thereof, and insert the same with all those particulars in a book kept for that purpose; and shall ascertain and insert on such plan all entries made into such sewer. [For duties of engineer in relation to drains and sewers, see chapter on DRAINS and SEWERS, post. Also, in relation to location of streets, &c., see CITY CHARTER.] 112 CITY ORDINANCES. CITY (NOW MARKET) HALL. PROCEEDINGS OF TOWN MEETING. 1, Proceedings of the town of Portland relating to erection of town hall. 2. Use of part of same allowed to military companies. ORDINANCE. General charge of city hall to be with mayor. Proceedings of 1. At a town meeting held Monday, April 25, 1824,The town of Voted, That a committee be appointed to report what Portland relating to erection the buildings and lots of land which form the heater above of town hall. the hay scales and adjoining the town's land can be purTown records, chased for, and also to report a plan, and the probable vol, 2, pp, 326. 335. expense of erecting a suitable building there for a market and town hall. At a meeting held Monday, August 3, the committee made a report recommending the purchase of the lands and the erection of a building for said purposes, and the following vote was passed, viz: Voted, To accept the report so far as relates to purchasing the land, and erecting a building for a town hall and market, agreeably to the plan mentioned in said report, of a building three stories high. 1 This chapter is inserted for its historical interest. The city government'building, burned at the great fire July 4, 1866, and rebuilt, takes the place of the old city hall for most public purposes. CITY HALL. 113 Voted, To choose a committee to carry into effect the objects of the foregoing report by making the necessary purchases and contracts, and erecting the said contemplated building. 2. At a town meeting held March 27, 1826, it was Useof part of Voted, That the third story in the town hall, (except mnelallowed for so much as has been appropriated for the use of the companies. apprentices' library), be appropriated to the use of the Ib" p. 405. several military companies in town, and that they have liberty at their own expense to fit up armories for the deposit of their guns, &c., the whole to be under the direction of the selectmen. ORDINANCE. The general charge of the city hall shall be lodged with General charge the mayor, who may allow the free use thereof for any ofbe with mayllto be with mayor. peaceable assembly of citizens, on application being made Rev. Ord., 1855. in writing by seven legal voters. 8*1 114 CITY ORDINANCES. CLERK OF THE COMMON COUNCIL. ORDINANCE. Duty of clerk of common council. Duty of clerk The clerk of the common council shall keep a full record of cminmon of all the doings of the common council, which shall be council. Rev. Ord., 1855. subject to the inspection of the mayor, president of the common council, or any committee of the city council. He shall give notice to the chairman of all committees of the common council, and he shall transmit all papers to the board of aldermen when necessary for their concurrence. He shall preserve all papers, which properly belong to the common council, and shall perform all such duties as may be prescribed to him by the board of common council, or by the city council. COURTS. [SEE MUNICIPAL COURT.] CONSTABLES. STATUTE. Wards to elect two constables each. Islands to elect one constable. Section ten, chapter three, of the revised statutes, provides for the election of constables by towns at their annual meetings. Qualified electors in each ward are authorized, at the Wards to elect two constables annual election holden for the choice of mayor and alder- each. men, to elect two constables; and the inhabitants of the City charter, ~~ 12, 13, 15. islands have power to elect one constable, who shall be a Islands to elect resident on some one of the islands. one constable. [SEE POLICE.] 116 CITY ORDINANCES. CONTRACTS AND EXPENDITURES. ORDINANCES. 1. Deficiency of appropriation. Contracts not to be concluded when appropriation deficient. 2. Committees limited in expenditure. Deficiency of 1. Whenever any committee or board is authorized to appropria- make any contract by the city council, or to expend any tion. Ord., Jan. 2, moneys appropriated by the city council for any purpose, 1865, ~ 1. and the estimates for such contract or expenditures shall exceed in amount the appropriation specifically made for the object thereof, or the sum specifically apropriated for any purpose shall have been expended by them, and for either reason a further appropriation is necessary, such committee or board shall report to the city council the fact of Contracts not such deficiency of the appropriation, a statement of the to be concluded when ap- cause or causes thereof, and an estimate of the amount propriations necessary to be added to such appropriation, and the are deficient. committee or board shall not conclude such contract, or make further expenditure in the premises, until they shall be authorized so to do by the city council. Committees 2. No joint or special committee of the city council or limitedinex- either branch thereof, or any board appointed by them, penditures. penditures. shall have power to make any expenditure from the approlb.~ 2, as amended by priation provided by the city council, to an amount Ord., Jan. 6, exceeding three hundred dollars, except where otherwise 1868. provided in the laws of the State or ordinances of the city, until an estimate of the expenditure proposed shall have been laid before the city council, and authority for such expenditure be first had and obtained from the city council. cows. STATUTE. Cities and towns authorized to regulate the going at large of cattle. ORDINANCES. 1. Cows not to go at large. 2. Penalty. 3. City marshal to prosecute. 4. Cows to wear straps around the neck. STATUTE. Cities and Cities and towns are authorized to make by-laws to towns authorized to reguregulate the going at large of cows and other neat beasts, late the going within their respective towns and cities, and may enforce at large of cattle, &c. them by penaltiesR. S., chap. 23. ~ 4. ORDINANCES. 1. No cows shall be permitted to go at large, at any Cows not to go time, in any of the commons, streets, lanes, squares, or at. rd.large. 855 alleys of the city. 2. If the owner of any cow shall suffer the same to go Penalty. at large on any common, street, lane, square, or alley of lb. the city, he shall forfeit and pay a sum not less than one nor more than five dollars for each offense. 3. All informations and complaints for violation of the City marshal to preceding sections shall be made to the city marshal, prosecute. whose duty it shall be to collect forthwith any fine incurred 118 CITY ORDINANCES. as aforesaid, or in default of payment thereof, to cause the owners of any such cow or cows to be prosecuted therefor. Cows to wear 4. Every cow kept in the city shall at all times wear straps around a strap around the neck, of not less than three inches in the neck. width, with the name of the owner and place of residence legibly painted or printed thereon. And for every cow found running at large without said strap, the owner of said cow shall forfeit and pay a sum not less than five nor more than ten dollars, to be recovered by complaint before the municipal court, one half for the use of the complainant, and the other half to the city. CRIERS. ORDINANCES. 1. License to be granted to common criers. Term of license. 2. Crying without license. 3. Criers to keep a list of matters cried, &c. Shall not cry libelous matter, &c. 4. Penalty for violation. 1. The mayor and aldermen may, from time to time, Licenses to be granted to grant licenses to such, and so many persons as they may common criers. deem expedient, to be common criers in this city, and Rv.rd., 1855. such licenses shall continue in force until the first day of Term oflicense. May next after the date thereof, unless sooner revoked by the mayor and aldermen. 2. No person shall be a common crier within the city Crying without of Portland, or cry any goods, wares, or merchandise, lost license. or found, stolen goods, strays, or public sales, in any of lb. the streets, squares, lanes, or market places within the city, unless he shall be licensed as aforesaid. 3. Every person so licensed shall keep a true and Criersto keep perfect list of all the matters and things by him cried, and a list of matters cried, &c. the names of the persons by whom he was employed, and lb. subject to the inspection of the mayor and aldermen, whenever they shall demand the same; and no common Shall not cry crier shall publish or cry any abusive, libelous, profane or libelous matobscene matter or thing whatsoever. 4. Any person who shall be guilty of a violation of this Penalty for vioordinance, or any part thereof, shall forfeit and pay for Ib. each offense a sum not less than one nor more than ten dollars. 120 CITY ORDINANCES. DOGS. STATUTES. 1. Towns may pass by-laws. Owners liable for damage by dogs. 2. Dogs may be killed, when. 3. Penalty for not taking care of dangerous dogs, after notice. 4. Owner of mischievous dogs liable for injuries. 5. Tax may be imposed on dogs. ORDINANCES. 1. Dogs not to go at large without license. 2. City marshal may grant licenses. 3. " to keep record of licenses. 4. " to number licenses. 5. " to destroy unlicensed dogs. 6. Noisy dogs to be removed. Penalty for non-removal. 7. Penalty for keeping unlicensed dogs. STATUTES. 1. Towns may pass by-laws to regulate the going at Towns may large of dogs within them. When any dog does any pass by-laws. damage to a person or his property, his owner or keeper, Owners of dous and also the parent, guardian, master, or mistress, of any liable for double damages. minor or servant, who owns or keeps such dog, shall forfeit I. S.chl. 30, ~ 1. to the injured person double the amount of the damage done; to be recovered by action of trespass. Dogs may be 2. Any person may lawfully kill a dog, that suddenly killed that assault anyper- assaults him or any other person when peaceably walking mestoic lld or raiddg, or is found worrying, wounding or killing any sonme ul or ridino, or is fo icg, wounding or killing any mals. domestic animals out of the enclosure or immediate care lb. ~ 2. of the owner. DOGS. 121 3. Whoever is assaulted, or finds a dog strolling out Penalty for not of the enclosure or immediate care of his master, may, confining or killing dangerwithin forty-eight hours thereafter, make oath before a oes dogs, after justice of the peace that he really suspects such dog to be notice. dangerous or mischievous, and notify his master by giving., lb. ~ him a copy of said oath, signed by the justice; and if the master neglects for twenty-four hours thereafter, to confine or kill such dog, he shall forfeit five dollars to any person suing therefor; and if such dog is again at large out of the care of the master, any person may lawfully kill him. 4. If a dog, after notice given as aforesaid, wounds Owner of dog assaulting perany person by a sudden assault as aforesaid, or wounds or son, &c., liable kills any domestic animals, the owner or keeper shall be to treble dam5_~~~~~~~ ~~~ages. liable to pay the person injured treble damages and costs. Ib. ~ 5. 5. All dogs more than six months old, shall be taxed Tax imposedon one dollar in the town where they are kept, on the first dogs, iftowns or cities so day of April in each year, to the owner or person who vote. has them in possession at that time, provided that towns Act March 19, 1862. or cities shall so vote. ORDINANCES. 1. No dog shall be permitted to go at large or loose, Dogs not to go at large within any street, lane, alley, court, or travelled way, or in out license. any uninclosed or public place in this city, until the owner Rev. Ord., 1855. or keeper of such dog, or the head of the family, or the keeper of the house, store, shop, office, or other place where such dog is kept or harbored, shall ha've paid to the city marshal two dollars for a license for such dog to go at large. 2. The city marshal shall grant a license to any citizen City marshal for his or her dog to run at large, on the payment of shall grant licenses. two dollars; which license shall expire on the first day of Fee for same. May next after the same is given. lb. 122 CITY ORDINANCES. City marshal to. 3. The city marshal shall keep a record of all licenses keep record of same. so granted, with the numbers of the same, and he shall To melyake quepar- make a report to the mayor and aldermen, once in three To pay over months, of all moneys so received, and shall pay over the moneys. lb. same to the city treasurer for the use of the city. License to be 4. Every license so granted shall be numbered, and numbered. the person named therein shall cause the same number to be legibly printed or engraved on a collar to be kept about Dogs to wear the neck of the dog intended to be licensed. And no such collars. lb. clog shall be considered as licensed, unless the requisition contained in this section be complied with. City marshal to 5. It shall be the duty of the city marshal to cause all cause dogs at large without dogs to be destroyed which shall be found at large within license to be the city, without a collar, as required by the fourth section destroyed. lb. of this ordinance. Proceedings in 6. On complaint being made to the mayor, of any dog case any dog within this city which shall by barking, biting, howling, or shall disturb the quiet of in any other way or manner disturb the quiet of any person any person by or persons whomsoever, the mayor shall issue notice thereof barking, &c. to the person owning, keeping, or permitting such dog to lb. be kept; and in case such person shall neglect to cause such dog to be forthwith removed and kept beyond the limits of the city, or destroyed, he shall forfeit and pay one dollar for every day during which such neglect shall Proviso, continue after such notice; provided, that the justice before whom the complaint respecting such dog shall be heard and tried, shall be satisfied that such dog had in manner aforesaid, disturbed the quiet of any person in said city. 7. In case any dog shall be found loose or going at Penalty. large, contrary to any of the foregoing provisions, the lb. owner or keeper thereof, or the head of the family or keeper of the house, store, shop, office, or other place where such dog is kept or harbored, shall forfeit and pay a sum not exceeding ten dollars. DRAINS AND SEWERS. STATUTES. 1. City council may construct public drains. Damages how assessed. 2. Private drains. Regulation, how established. Application for permits. 3. If dissatisfied with price of permit, remedy. 4. Drains constructed before April 11, 1854. 5. Penalty for connecting private with public drains without permit. 6. Public drains to be kept in repair, &c. Penalty for neglect. 7. Records of permits to be kept. 8. Permit, when to be paid for. 9. Private drains, how repaired when neglected by owners. 10. Penalty for injuring public drains. 11. General authority over drains. ORDINANCES. 1. Committee on drains, &c., to be appointed, 2. Sewers to be built in centre of street. 3. City engineer to supervise. 4. " " to keep account of expense, and list of persons benefitted. 5. Expenses apportioned between city and abuttors. 6. City engineer to report names of abuttors benefitted. 7. Private connecting drains, how built. 8. Drains not to be sunk under sidewalks, &c. Penalty. 9. Drains not to empty on surface. Penalty. 10. Water from roofs. 124 CITY ORDINANCES. STATUTES. City council au- 1. The city council of the city of Portland shall have thorized to authority to construct public drains or sewers through any construct publie drains. of the streets of the city, at the expense of the city, and Act, April 11, which shall be solely under the direction and control of 1854, chap. 77, ~ 1. the city council. Whenever it shall be necessary to provide a suitable out-fall for any such drain, at or near low water mark, the same may be located and constructed for that purpose, by the city council, over the lands of private persons; and such location shall be made, and Damages. damages assessed and paid therefor, in the same manner as is or may be provided by law for the location of streets in said city. Private drains. 2. The abuttors upon the line of any such public lb. ~2. drain, and the owners of private drains contiguous thereto, shall be allowed to enter and connect at suitable places, with such public drains, upon application as hereinafter provided, and paying such sum as the mayor and caldermen shall determine therefor; the mayor and Regulations, aldermen shall also establish such other regulations and how establish- conditions as they may deem expedient, upon which the privilege of entering public drains in any case shall be granted and enjoyed; and shall give to the person applying and paying aforesaid, a written permit for such Application for entrance. All applications for permits shall be in writing, permits. and shall distinctly describe the land to which they are to apply. The privilege granted by such permit shall be available to the owner of the land described, his heirs and assigns, and shall run with the land, without any other or subsequent charge, or payment therefor. Amount to be 3. If any person shall be dissatisfied with the sum paid for per- which the mayor and aldermen shall require him to pay mit, how determined in for permission to enter a public drain, and shall, within ten case of disagreement. days after notice thereof, request in writing that the same lb. ~ 3. may be determined by arbitration, the mayor and aldermen, at their next regular meeting, shall nominate six DRAINS AND SEWERS. 125 persons, any two of whom selected by the applicant, together with a third person nominated by the applicant himself, shall be empowered to determine the sum to be paid; upon the payment of which by the applicant, together with the fees of the arbitrators, he shall be entitled to such a permit as was offered to be given by the mayor and aldermen for the sum determined by them. 4. All drains in said city, which have heretofore been Drains heretoconstructed at the expense of the city, shall hereafter be fore constructmaintained, managed, and controlled in the same manner tained and managed. as if they had been constructed under this act, subject to mb ~ 4g lb. ~ 4. any rights which private persons may have acquired therein. And the privilege of entering such drains shall hereafter be granted and held upon the same terms and conditions as are herein provided in case of drains which may be constructed under this act. 5. If any person shall connect any private drain or Penaltyforconsewer with any such public drain, or enter the same by vetidngaprn any side drain, without a permit obtained therefor as with public drains without herein provided, the mayor and aldermen shall be empow- permit. ered forthwith to cause such connection to be broken and Ib. ~ 5. destroyed. If any person shall wilfully or negligently Penalty for vioviolate any of the conditions and regulations prescribed in lat.n of perhis permit, the mayor and aldermen shall be empowered forthwith to cause his connecting drain to be disconnected from the public drain, and may declare his permit to be forfeited, in which case such person, his heirs and assigns, shall have no privilege of entering such public drain until a new permit shall be granted as herein provided. If any person, by the construction or use of any private drain, shall commit any public or private nuisance, he shall be liable, to indictment or action for such nuisance, notwithstanding anything contained in this act. 6. After any such public drain shall be constructed, Drains to be and any person shall have paid for the privilege of con- kt in repair, neting therewith, such public&c. lb. ~ 6. necting therewith, such public drain shall be constantly 126 CITY ORDINANCES. maintained and kept in repair by the city, so as to afford sufficient and suitable flow for all drainage lawfully entitled to pass through it. But the same may be altered in its former course, or other public drains may be substituted therefor, so, however, that equally sufficient and suitable drainage shall be afforded. If the city shall not so maintain and keep in repair such public drain, any person Penalty for lawfully entitled to the privilege of drainage through the neglect. same may have an action against the city to recover his damages occasioned thereby. Records of per- 7. All proceedings of the mayor and aldermen under mits to be this act, shall be at legal meetings of that board. A kept. lb. ~ 7. suitable record shall be made and kept of all permits granted as herein provided, which record shall succinctly exhibit the persons and lands to which the respective permits apply. The mayor and aldermen shall have the exclusive direction, on behalf of the city, of all prosecutions under this act. Amount for 8. If any person, after the determination of the sum permit to be required to be paid by him for a permit, shall neglect to paid within 60 days. pay the same within sixty days after notice thereof, lb. ~ 8. together with the fees of the arbitrators, if any, he shall have no benefit of such determination, nor of his application for a permit. The mayor and aldermen may deterFees of arbitra- mine the fees of the arbitrators in any case, and the same tori, how de- shall be paid, if required, in advance; the award of the termined, &c. arbitrators shall be by them returned to the city clerk, and recorded with the proceedings of the mayor and aldermen. Private drains, 9. If any private drain in said city, now existing, or hlowrepaired which may hereafter be constructed, shall become so in case of neglectof owners. obstructed, decayed, or out of repair as to do injury to lb. ~ 9. any street in which the same shall be laid, and the person or persons using such drain shall unreasonably neglect, after notice by the street commissioner, to repair such injury, the same shall be repaired by the city, and the expense thereof may be recovered to the use of the city, DRAINS AND SEWERS. 127 by an action of the case against any one or more of the persons using such drains to whom notice as aforesaid shall have been given. 10. If any person shall wilfully or carelessly do any Penalty for injury to any public drain constructed or maintained under wilfully or this act, or to any street culvert leading into the same, or juring public drains. shall wilfully or carelessly obstruct any such street culvert, 1). ~ 10. or the outlet of any such drain, he shall be liable to pay to the use of the city, to be recovered in an action of the case, double the amount of the injury and damages so done and caused, in addition to all the other penalties for such offense provided by law. -1.. The mayor and aldermen of said city may lay out, General aumake, maintain and repair all main drains or common tlority. sewers in said city, and may assess upon the owners of City charter, March 27, 1863, the abutting lots and other lots benefited thereby, and ~ 24. who shall enter the same directly or indirectly, a proportional part of the charge of making such main drain or common sewer, to be ascertained and assessed by the mayor and aldermen of said city, and by them certified, after notice thereof given in writing to the party to be charged, or by public advertisement for seven days in two daily papers in said city; but not less than a third part of the cost of such main drain or common sewer shall be paid by the city, and shall not be charged to the abuttors. All assessments so made shall constitute a lien on the real estate so assessed, for two years after they are laid. They shall be certified by the mayor and aldermen, under their hands, to the treasurer and collector of said city and his successors, with directions to collect the same according to law, and may, together with all incidental costs and expenses, be levied by sale of the estate by him or them, if the assessment is not paid within three months after a written demand of payment made by him or them, either upon the person assessed or upon any person occupying the estate- such sale to be conducted in like manner as sale 128 CITY ORDINANCES. for non-payment of taxes on land of resident owners, and with a similar right of redemption. Any person, who may deem himself aggrieved by any such assessments, may appeal to the supreme court in the same manner as is herein provided for appeals for damages for laying out streets, which court shall at the first term appoint three persons who may be inhabitants of said city, to settle and assess the share to be charged to such appellant; they shall make a return of their doings to said court, and their decision, if accepted, shall be final. And in case the assessment made by the mayor and aldermen shall not be reduced on such appeal, the city shall recover costs, but otherwise shall pay costs. Any person who shall, directly or indirectly, enter any such main drain or common sewer without first obtaining a permit from the mayor therefor, shall be subject to a fine not exceeding one hundred dollars. [N. B. The statute of 1854, quoted above, is obsolete in part, the control of drains, &c., under the charter, being conferred exclusively upon the board of mayor and aldermen. See section 11, ante.] ORDINANCES. committee on 1. There shall annually be appointed, a committee drains and sewers to be of the mayor and aldermen, to be called the committee appointed. on drains and sewers, to consist of three members of the Rev. Ord., 1855, as amended by board of mayor and aldermen. city charter. Sewers to be 2. All common sewers which shall be considered built in centre necessary by the mayor and aldermen in any street or of street. Ord., May 26, highway, shall be laid, as near as possible, in the centre 1863, ~ 1. of such street or highway, shall be built by contract or otherwise at the expense of the city, of such dimensions, and of such materials, as the committee on drains and sewers or the mayor and aldermen shall direct. City engineer to 3. The city engineer shall, under the direction of the supervise. lb. ~ 2. mayor and aldermen, take general supervision of all common sewers, which are now or hereafter may be built D RAINS AND SEWERS. 129 and owned by the city, or which may be permitted to be built or opened by its authority. 4. The city engineer shall keep an accurate account City engineerto of the expense of constructing and repairing each public k of expense sewer, and shall report the same to the committee on and listofpersons benefitdrains and sewers, together with a list of the persons and oec. estates benefited thereby, and the committee shall make Ib. ~ 3. out therefrom the assessments on the same, and report to the mayor and aldermen for their action. 5. One-third part of the cost of all main drains or Expenses apsewers, which shall be constructed under the direction of portioned between city and the mayor and aldermen, shall be paid by the city. The abuttors. remaining two-thirds of the same shall be assessed upon lb. ~ 4. the persons and estates deriving benefit therefrom, apportioning the assessment according to the number of square feet in each lot of land thus benefited. But no part of the cost of constructing the culverts required for such drain or sewer shall be charged to the abuttor. No sewer shall be built unless sufficient surety be given to the city by the owners of the abutting lands, that one-half of the assessments made shall be paid to the city within one year from the completion of such sewer, except in cases where the committee on drains and sewers shall decide that the direct interest of the city requires that a sewer shall be built. 6. The city engineer shall, from time to time, report City engineerito report names to the mayor and aldermen the names of the owners of, of abuttors and the descriptions of estates benefited by any public benefited, sewer which may be hereafter constructed, and who shall lb. ~ 5. have entered the same directly or indirectly. 7. All private drains which shall hereafter enter into Private consuch public sewer shall be built of such materials as the necting drains. mayor and aldermen shall direct, and shall be laid under lb. ~ 6. the direction of the mayor and aldermen, or by some person by them appointed; and they shall be laid in such direction, of such size, with such descent, and (where 9 130 CITY ORDINANCES. required) with such strainers as they shall require, and in such manner as they shall determine. Drains not to be sunk under 8. No person shall sink or lay any drain or aqueduct sidewalks. under any sidewalk, or nearer such sidewalk than the Penalty. outer edge of the gutter of such street, under a penalty of not less than ten nor more than fifty dollars, provided lb. ~ 7. that nothing herein contained shall prevent any person from constructing a sewer from his land or premises to the public sewer. Drains not to 9. No person shall let out or empty upon the surface emlpty upon of any street, lane, or alley, any cellar drain, sink drain, surface. or other drain, so that the water shall flow therefrom on Penalty. to the street, lane or alley, under a penalty of ten dollars Ib. ~ 8. for each offense, and the further sum of ten dollars for each month that such drain shall be so continued to be let out or emptied as aforesaid. Water from 10. It shall be lawful for all persons having care of roofs. any buildings, at their own expense, to carry the rain lb. ~ 9, water from the roofs of said buildings into any public sewer, free of any charge from the city, provided that the same be done by light water spouts or tubes under ground, and under the direction of the mayor and aldermen. ELECTIONS. STATUTES. 1. Qualifications of electors. Exceptions. 2. Electors exempt from arrest on days of election. 3. " " " military duty, when. 4. Time of State election. 5. Who are legal voters. 6. Assessors, when to prepare lists of voters. 7. Selectmen to prepare corrected lists. 8. Time, &c., of holding meeting to correct lists. 9. Of the entry of names in towns of one thousand or more voters. 10. Cities shall post lists, when. 11. Lists to be deposited with the clerk, and posted. 12. Names not to be added or stricken out, except, &c. 13. Papers of naturalization. Duties of selectmen. 14. Mode of warning meetings for election of governor, &c. 15. Time of opening polls. 16. What votes shall be on one list. 17. Check list required. Ballot box, one only allowed. 18. Votes to be on clean white paper. 19. Adjournment of meeting, when no choice of representative is effected. 20. Meetings for choice of certain officers, how regulated. 21. Result of ballotings, how ascertained. 22. Clerk to transmit returns to secretary of State. 23. County attorney to be notified, if return not received. 24. Loss of returns, how supplied. 25. Oath to be made to copy of record. 26. Certificate, how sealed and returned. 27. Vacancies, how filled. 28. Check lists to be preserved by clerks. 29. Ballot boxes, how constructed. Votes, how received. 132 CITY ORDINANCES. 30. Penalties in certain cases. 31. Electors in cities to meet in wards. 32. Warden, pro tern. may be chosen. 33. In cities, representatives, how voted for. 34. " " if no choice, further meetings. 35. " " aldermen, when to be in session to hear applications of persons claiming right to vote, &c. Polls how long open. 36. " " voting in wards regulated. 37. " " wardens, and clerks of wards, how elected. 38. Penalty for neglect of duty by selectmen. 39. " " " to issue warrant. 40. " " " of constable to summon voters. 41. " " " to deposit and post lists. 42. " " " to keep check lists, or to reject illegal votes. 43. Penalties, how recoverable. 44. Penalty for municipal officers striking off names without notice. 45; " " erasing lists, fraudulent voting, &c. 46. " " neglect to supply lost return. 47. " " making false certificate. 48. " " neglect to deliver returns to secretary of State. ORDINANCES. 1. Form of warrants for ward meetings. 2. Warrants for ward meetings to be served by constables and returned. 3. Form of warrants for general meetings. 4. Warrants for general meetings to be served by constables and returned. STATUTES. 1. Every male citizen of the United States of the age Qualifications of twenty-one years and upwards, excepting paupers, of electors. g a T Exceptions. persons under guarclianship, and Indians not taxed, having 7 Greenl. 49. his residence established in this State for the term of three Const., Art. 2, ~ 0. months next preceding any election, shall be an elector for governor, senators and representatives, in the town or plantation where his residence is so established; and the Written ballot. elections shall be by written ballot. But persons in the 7 Green'. 492,military, naval or marine service' of the United States, or this State, shall not be.considered as having obtained such ELECTIONS. 133 established residence by being stationed in any garrison, Soldiers an seamen in the barrack or military place, in any town or plantation; nor United States shall the residence of a student at any seminary of learn- sStervice t l ing entitle him to the right of suffrage in the town or leges and academlies. plantation where such seminary is established. 2. Electors shall, in all cases, except treason, felony, Elept from aror breach of the peace, be privileged from arrest on the rest on days of election. days of election, during their attendance at, going to, and 8 Greenl. 187. returning therefrom. Cost. Art. 2, ~ 2 3. No elector shall be obliged to do duty in the militia And from milion any day of election, except in time of war or public tary duty. danger. 4. The election of governor, senators and represen- Tinie ofe!lectatives, shall be on the second Monday of September tion. Ib. ~ 4. annually forever. 5. Every person, who is qualified by the constitution Who are legal of this State to vote for governor, senators and represen- voters. tatives, in the town in which he resides, is entitled to vote R. S., chap. 3, ~9. in the election of all town officers, and in all the business affairs thereof. 6. In every town, where the select.nen are not the Assessors to assessors, the assessors on or before the first day of August prepare lists of voters and dein each year, shall prepare a list of the persons they judge liver to the seto be constitutionally qualified to vote therein in the elec- lectmesp R. S., chap. 4, tion of governor, senators, and representatives, and deliver ~ 1. it to the selectmen for their information. 7. The selectmen of every town, on or before the Selectmen to eleventh day of August in each year, shall prepare a rPected lisat. corrected list of persons qualified as aforesaid. lb. ~ 2. 8. The selectmen shall be in session at some conven- Time and manient time and place, by them notified in the warrant for ner of holding meetings to calling the meeting in such town, on the secular day next correct list of preceding the clay of annual election of town officers in voters. Ib. ~ 12., as the month of March, or on the morning of the day of amended by election, to hear and decide upon the applications of per- Act7Feb. 18, sons claiming to have their names entered upon said list; 134 CITY ORDINANCES. and such session when held on a secular day preceding the day of election shall continue at least three hours, and when held on the day of election shall continue until the election of town officers required by law to be elected by ballot shall have been completed. No names shall 9. In all cities and towns in this State having one be entered on the list of vot- thousand or more registered voters, it shall be the duty of crs in cities the aldermen and selectmen of such cities and towns to.nd towns, having one receive applications of persons claiming a right to vote, thousand or more register- on the three secular days next preceding the day of ea voters, ex- election, and no application shall be received after the cept on the three secular hour of five of the clock afternoon on the secular clay next days precedhing the election d preceding said clday of election, and no name shall be &c. added to the list of voters on the day of election by cerAct, March 16, 1861. tificate or otherwise. List of voters 10. In all cities having more than one thousand legal resident in wards, to be voters therein, it shall be the duty of the aldermen of each posted in c ity to post up in some public, place in each ward, a true havinlg lmore cy than one thou- printed or written list of the legal voters resident in said sand voters, &c. ward, such list to be posted at least seven clays previous Act, iarch ll, to the day of any election. 1861. Lists to be de- 11. On or before the twentieth day of August annuposited with ally, the selectmen shall deposit in the office of the town clerk and posted. clerk, an alphabetical list of voters thus prepared and. s., clhap. 4, revised, and post up a similar list in one or more public ~ 4. places in the town. Names not to be 12. After such lists are thus prepared, deposited with added or the clerk, and posted up, the selectmen shall not add stricken out, except as pro- thereto, nor strike therefrom, the name of any person, vided. except in open session on one of the days prescribed by Mb. ~ 5. law for receiving evidence of the qualifications of voters; nor shall they strike from said list the name of any person residing in the town, without notice first given to him that his right to vote is questioned, and an opportunity for a Names may be hearing on one of such days. But at any regular session added at iegu- for receiving such evidence, the selectmen shall place on lar session on evidensie. the list of voters, the name of every person known by, ELECTIONS. 135 or proved to them to be so qualified, whether he applies therefor or not. 13. When a person of foreign birth exhibits papers of Selectmen, dunaturalization, issued to him in due form by a court having ties respecting jurisdiction, to the selectmen of his town, if satisfied of ralizationatutheir genuineness, and that such person is entitled to vote, b. ~ 6. they shall approve such papers by a written indorsement thereon, with the date thereof, signed by one of them; register in a book kept for that purpose, the name of the person, the date of the papers, the date of approval, and the name of the court by which they were issued; cause the name of such person to be entered on the list of voters; and continue his name on the successive lists so long as he continues to reside there and is in other respects qualified to vote. If they are of opinion, that such papers are not genuine, or were not issued to the person presenting them, or that he is not for other cause a legal voter, they shall not approve them or perform the other acts required; but he shall not, by their refusal to approve his papers, or to enter his name, be deprived of his right to vote, upon satisfactory proof of it. 14'. The selectmen of every town, by their warrant, Mode ofwarnshall cause the inhabitants thereof, qualified by the con- ing meetings for election of stitution, to be notified and warned, seven days at least governor, &c. before the second Monday of September, annually, to b. ~ 14. meet at some suitable place to be designated in said warrant, to give in their votes for governor, senators and representatives as the constitution requires, and such meeting shall be warned in the manner legally established for warning other town meetings therein. 15. No such meeting shall be opened before ten Time ofopening o'clock in the forenoon on the day of election, unless the meeting. number of voters in such town exceeds five hundred; ~ if it does, an earlier and suitable time in the day may be appointed by the selectmen. 16. At every meeting for the choice of governor, whatvotes senators, representatives and other public officers reshall be on one senators, representatives, and other public officers re- list. 136 CITY ORDINANCES.. S., chap. 4, quiring the like qualifications in the electors, the selectmen ~ 20, asamend- or other officer presiding shall require the electors to give ed by Act, in their votes for the officer or officers to be chosen on one March 20,1863. list or ballot, or so many of such officers, as the voter determines to vote for; designating the intended office of each person voted for. Checklist re- 17. The selectmen or other officers presiding at any quired. election shall keep and use the check list herein required at the polls during the election of any such officers; and Rules prescrib- have and use suitable ballot boxes to be furnished at the ed. lb. ~ 21, as expense of the town, and no vote shall be received unless amended by delivered by the voter in person, nor until the presiding Act, 3.rch 10, officer or officers have had an opportunity to be satisfied 1863. of his identity, and shall find his name on the list and mark One ballot box it and ascertain that his vote is single; nor shall more than only allowed. one ballot box be used for receiving votes at any election at any one time. Votes to be on 18. No ballot shall be received at any election of white paper State or town officers, unless in writing or printing upon without z marks. clean white paper without any distinguishing muark or R. S., chap. 4, figures thereon, besides the name of the person voted for, ~ 22. and the offices to be filled, but no vote shall be rejected on this account, after it is received into the ballot box. 19. When at a town meetingo held for the election of When no choice ofn representa- representatives to the State legislature, by reason of two tive iseffected, or more persons having an equal number of votes, a choice meeting shall be adjourned iS not effected of any or all the representatives to which one week, and the town is entitled, the meeting shall be adjourned to the from week to y week. same day of the week following, and to the same hour lbD. ~23. and place at which the first meeting was callecl; and at such adjourned meeting, the voters shall give in their votes for so many representatives as are necessary to make up the number to which said town is entitled; and like adjournments shall be had until the full number is elected. 20. All town meetings, required to be held for the ELECTIONS. 137 election of county treasurer, of register of deeds, or of Meetings for In^~ ) ~~~choice of cerrepresentatives to Congress, or of electors of president tain officers, and vice-president of the United States, or for the deter- and for detesrmination of questions expressly submitted to the people tions. by the legislature, as to calling, notifying and conducting lb. ~ 24. them, shall be subject to the regulations made in this chapter for the election of governor, senators, and representatives, unless otherwise provided by law. 21. In order to determine the result of any election Resultofballotby ballot, the number of persons who voted at such ings, how aselection, shall first be ascertained by counting the whole ce lb. ~ 25. number of separate ballots given in, which shall be distinctly stated, recorded and returned. Blank pieces of paper and votes for persons not eligible to the office shall not be counted as votes, but the number of such blanks and the number and names on ballots for persons not eligible shall be recorded and return made thereof. In case of representatives to Congress, and to the State legislature, registers of deeds, county and State officers, except where a different rule is prescribed in the constitution, the person or persons, not exceeding the number to be voted for at any one time for any such office, having the highest number of votes given at such election shall be declared to be elected. If by reason of two or more of the persons having the highest number of votes, receiving an equal number, the election of the requisite number of officers cannot be declared, without declarino more than the requisite number elected, no one of those having an equal number of votes shall be declared to be elected. In all other cases no person shall be deemed or declared to be elected, who has not received a majority of the whole number of votes counted as aforesaid; and if a number greater than is required to be chosen receive a majority of the whole number of votes so given, the number so required, of those who have the greatest excess in votes over such majority, shall be declared to be elected. 138 CITY ORDINANCES. If the number to be elected cannot be so completed by reason of any two or more of such persons having received an equal number of votes, the persons having such equal number shall be declared not elected. 22. The clerk of each town shall deliver or cause to Clerk to transmit returns of be delivered at the office of the secretary of State, the votes to secre- returns of votes given in his town, for governor, senators, b. ~ 26. representatives to the legislature, representatives to Congress, electors of president and vice-president of the United States, and for county officers, within thirty days next succeeding any meeting for their election, or shall deposit them, post paid, in some post office, directed to the secretary of State, within fourteen days after such meeting, to be transmitted by mail; and shall also forward, as soon as practicable, to such office a statement attested by him of the number of votes for said several officers, given at such election in his town, which shall be opened and filed by the secretary, and kept for the examination of the public. County attor-. 23. If any such return is not received by ihe secreney to be noti- tary of State within thirty days next after such meeting, not received he shall forthwith notify the county attorney of the county His duty. in which such town is situated, who shall give immediate lb. ~ 27. notice thereof to the clerk of such town, and unless he receives satisfactory evidence, that said clerk has complied with the requirements of the preceding section, he shall prosecute for the penalty hereinafter provided. Loss of returns, 24. When any such original return is in any way lost how supplied. or destroyed, the selectmen and clerk of such town, lb. ~ 28. on receiving information of such loss or destruction, shall forthwith cause a copy of the record of the meeting at which such vote was given; to be made with their certificate upon the same sheet, that it is a true copy of the record, that it truly exhibits the names of all persons voted for, for the offices designated, and the number of votes given for each at such meeting, and that said copy contains all the facts stated in the original return. ELECTIONS. 139 25. The selectmen and town clerk, who were present Oathtobemade at the meeting and signed the original return, shall sign to copy of'eSY record. the certificate mentioned in the preceding section, cesiglb. ~ 29. nating their office against their names as in the original return, and make oath that said cop0y and certificate are true, before some justice of the peace of the county, who shall make certificate' of such oath on the same paper. 26. Such copy and certificate shall then be sealed up, Certificate, how and directed to the secretary of State, with the nature sealed andreturned. df the contents written on the outside; and the clerk of b. ~ 30. such town shall cause the same to be delivered into the office of the secretary of State, as soon as may be. 27. When the selectmen of any town, not classed with Vacancies how others as a representative district, by any means have finot classed for knowledge that the seat of a representative thereof has representatives. been vacated by death, resignation, or otherwise, they shall forthwith issue their warrant, giving at least seven days notice, for a meeting of the electors of said town to fill such vacancy; and at such meeting the like proceedings shall be had, as at any meeting held on the second Monday in September for the like purpose. 28. The clerks of towns shall preserve the check lists Check liststo be used at the September elections, for one year thereafter preserkSved oby without alteration, and shall furnish to any person an exact and to furnish certified and certified copy thereof within twenty days after demand copies. and the payment or tender of the legal charges therefor, Act, March s, under the penalty provided in section forty-eight of chapter 1864, ~ 1. four of the revised statutes. 29. The ballot boxes used at elections, shall be covered Ballot boxes, how constructat the top with only a slide opening, and such slide shall eclaonucdt not be opened till the name of the person offering his vote, Votes, how reis found and checked on the list, and then shall be shut ceived. till another voter presents himself, and his name is found Officers, duties of. and checked; and if the presiding officer or officers do Ib ~2 not comply with these requirements, they shall be subject to the penalties provided in section forty-eight of chapter four of the revised statutes. 140 CITY ORDINANCES. Penalties in 30. Any penalty provided for in the two preceding certain cases. sections hereof.or in said chapter four of the revised stat- how recover- utes, in case the treasurer refuses or neglects for ten days ed. after written request of any voter to commence a suit lb. ~ 3. therefor, may be recovered by said voter in a suit in his own name to the same uses as specified in said chapter four. Electors in 31. For all the purposes mentioned in chapter four, cities to meet sections fourteen and twenty-four, of the revised statutes, in wards. n. s., chap. 4, the inhabitants of cities shall meet as the constitution ~ 33. requires, in ward meetings, to be notified and warned, as town meetings for similar purposes are. The warden shall Warden to pre- preside. preside; the clerk shall make such record as the constitution requires; and the city constables shall preserve order. en pro 32. If the warden is absent from any such meeting, or tempore may refuses or neglects to preside, a warden pro tempore shall be chosen. e chosen be chosen, and during such choice the ward clerk shall lb. ~ 35. preside; and the warden pro tempore accepting the trust, shall be duly sworn, and have the power,and perform the duties of warden of such meeting, and be liable to like penalties. In cities, names 33. In voting for representatives to the State legislaof representa- ture in the wards of a city, the names shall be on the same tives on same lists as other ballot with the other officers to be chosen at the meeting officers. by voters of like qualifications, unless the board of alderR. S., chap. 4, ~37. men in their warrant notifying the meeting require a separate ballot or ballots, which they may do. If no choice, 34. When a choice of any such representative is not further meet- effected, the aldermen shall call new meetings of the wards ings. Ibn. ~ 38 for the purpose, to be held at the same time, within two weeks after any former meeting; and the like proceedings shall be had at such meetings, as at the first, until a choice is effected. 35. In every city, the aldermen shall be in session on ELECTIONS. 141 each day of election when a list of voters is required, from Aldermen, when to be in nine o'clock forenoon to one o'clock afternoon, to hear and session to redecide on the applications of persons claiming the right to tive of personsplicavote; and on satisfactory evidence producedcl, they shall claiming a deliver to each such person a written paper by them signed, t to vote. directed to the proper warden, requiring him to enter the name of such person on his list; and it shall be entered, and his vote received. For the purposes of this and the Three to be a preceding section, three aldermen shall be a cquorum. tice ofsesNotice of the times and places of all sessions, required by sions to be given in warthis and the preceding section, shall be given in the warrant rant. for calling ward meetings. In all elections in cities, the Polls to be closed at four polls shall be open until four o'clock afternoon and then be o'clocik. closed. lb. ~ 40. 36. No qualified elector who has removed his residence Voting in wards from one ward to another in any city, within thirty days reglated. next preceding any election, shall vote at such election in Act, April 4, 1859. the ward to which he has removed, but his name may be placed on the check list of the ward from which he has removed, as aforesaid, and he may vote therein. 37. At the annual election for the choice of mayor Wardens and and aldermen in the several cities of this State, the quali- clerks in cities, how elected. flied electors in each ward shall by written ballot elect a - termof office warden and clerk, who shall enter on the duties of their of. respective offices on the Monday next following their Act, March 20, election, and shall hold their offices for one year therefrom, 1863, ~ 1. and until others shall have been chosen and qualified in their places. 38. If any selectman, or other town, city, or planta- Penalty for tion officer, or any such officer chosen pro tempore, wilfully neglect to perform duties reneglects or refuses to perform any of the duties required qired of se of him, or wilfully does, authorizes, or permits to be done, lectmen. any thing prohibited by the constitution or by law, he shall R. S., chap. 4, for each offense, forfeit not less than fifty, nor more than ~ 4 10 Maine, 109. five hundred dollars, and be imprisoned in jail, not more than nine, nor less than three months, except where otherwise expressly provided. 142 CITY ORDINANCES. Penalty for 39. If the aldermen of cities, selectmen of towns, or neglect of municipal officers assessors of plantations neglect to issue their warrant as to issue wr- required by law for a meeting for the choice of State or rants for n meetings for county officers, representatives to the legislature, or to choice of officers. Congress, or of electors of president and vice-president of the United States, they shall each forfeit fifty dollars to Perenalt oan their city, town, or plantation, to be recovered in an action by whom. of debt by the treasurer thereof, or by any citizen thereof lb. ~ 49. when said treasurer is a member of the delinquent board. Penmlty for neg- 40. If any constable or other person legally required bleto csta to summon the voters of a city, town, or plantation to mon voters, assemble at any meeting for the choice of any officers mentioned in the preceding section, neglect to do so, or to make due return of the warrant therefor, he shall forfeit twenty-five dollars to his city, town, or plantation for each offense, to be recovered as provided in the preceding Penalty for wilful neg-lect section; but if he wilfully neglects or refuses to do so, he to be recover- shall forfeit not less than fifty, nor more than two hundred ed by indictment. dollars, half to the State and half to the prosecutor, to be lb. ~ 50. recovered by indictment. Penalty for 41. If the selectmen of a town or assessors of a plantaosneglect tost - tion wilfully neglect to deposit a list of the voters with the posit and post lists. town or plantation clerk, and to post up such lists, as are lb. chap. 4, herein before required, they shall each forfeit not less than fifty, nor more than one hundred dollars; and for each day's neglect after the twentieth day of August, and until the election then next ensuing, they shall each forfeit thirty dollars. Penalty for 42. If such selectmen or assessors wilfully neglect or neglect to keep refuse to keep and use a check list, as provided in section or to rejets twenty-one, chapter four, of the revised statutes, or wilfully illegal votes. receive any vote prohibited by section twenty-two, they lIb. j~ 52. shall each forfeit not less than fifty, nor more than one hundred dollars. Penalties, how 43. The penalties in the two preceding sections may recoverable. Ib. 53. be recovered in an action of debt, in the name and to the ELECTIONS. 143 use of the town where the offense is committed, to be commenced and prosecuted to final judgment at the request of any voter therein, by the treasurer, unless he is one of the delinquent officers, and in that case, by one of the constables. 44. If any municipal officer strikes from the list of Penaltyformunicipal officer voters, after it is prepared and posted, the name of any striking names person residing in the town, without the notice and oppor- fromt listnithtunity for hearing provided by law, he shall forfeit not lb. ~. less than twenty, nor more than one hundred dollars, to be recovered in an action on the case by the person whose name was struck out. Penalty for 45. If any person wrongfully alters, erases, or mutil- altering, erasates any name on a list of voters, or fraudulently votes in ilg, or mutilating names the name of another, or under an assumed name, he shall on the check list, and for forfeit the sum named in the preceding section, half to voti infthe the use of the prosecutor, and half to the State, and be name of another. imprisoned not more than six months in jail. lb. ~ 55. 46. If any selectman or other officer of a city, town, Penalty for or plantation, or any such officer chosen pro tempore neglecting to supply lost rewilfully neglects or refuses to perform the duties re'quired turn. by sections twenty-eight, twenty-nine and thirty of chapter lb. ~ 56. four of the revised statutes, on notice of the loss and destruction of any return therein described, he shall forfeit not less than one hundred, nor more than five hundred dollars. 47. Any such selectman or other officer, permanent Penalty for or pro tempore, who in such case makes a false certificate anking false certificate. and makes oath to its truth, shall suffer the punishment b. ~ 57. provided against the crime of perjury, and be disqualified from holding any office under the constitution and laws of the State for ten years. Penalty for 48. If a person, to whom the returns of votes of any neglect of persons to whom city, town, or plantation, for governor, senators, or repre- returns are en sentatives in Congress, are entrusted by the clerk thereof trusted to deliver them. to be forwarded to the office of the secretary of State, Lb. ~ 58. 144 CITY ORDINANCES. wilfully neglects to use all proper means for their delivery within the time required, he shall forfeit not less than one hundred, nor more than five hundred dollars, or be imprisoned in jail not less than two, nor more than six months. ORDINANCES. Form of war- 1. The form of warrants for calling meetings of the rants of ward meetings. citizens of the several wards, shall be as follows, viz: Rev. Ord., 1855. STATE OF MAINE. [L. S.] CITY OF PORTLAND, SS. To~ one of the constables of the said city of Portland, GREETING: In the name of the State of Mfaine, you are hereby required to warn and notify the inhabitants of Ward No. -, in said city of Portland, qualified according to law, to meet at, in said Ward, on the of -- next, being the d- ay of said month, at ten o'clock in the forenoon, then and there to give in their votes for The polls on such day of election to remain open until four o'clock in the afternoon, when they shall be closed. You are also required to give notice to said inhabitants, that the aldermen of said city will be in open session at -- from nine o'clock in the forenoon to one o'clock in the afternoon on each of the three secular days next preceding such day of election, and from three o'clock to five o'clock on the afternoon on the last of said three secular days, for the purpose of receiving evidence of the qualification of voters whose names have not been entered on the lists of qualified voters, in and for the several wards, and for correcting said lists. Hereof fail not, and have you there then this warrant with your doings thereon. Given under our hands and seals, at the city of Portland, this day of -, in the year of our Lord one thousand eight hundred and sixtyMAYOR. * Aldermen of the city of Portland. To be served by constables and 2. All warrants for calling meetings of the citizens of "returned. lb. the several wards which shall be issued by the mayor and ELECTIONS. 145 aldermen, shall be served by any constable of the city, who shall make his return on the warrant, stating the manner of notice and the time it was given, and return the same to the wardens of the several wards in said city, on or before the time of meeting of the citizens of said wards, therein specified. 3. The form of warrants for calling meetings of the Form of warrant for geninhabitants of the said city of Portland, shall be as follows, eral meetings to wit Ib. STATE OF AMAINE. [L. S.] CITY OF PORTLAND, SS. To one of the constables of the city of Portland, G-REETING: Upon the requisition of sixty qualified voters of said city, you are hereby required, in the name of the State of MIaine, to warn and notify the inhabitants of said city of Portland qualified to vote in city affairs, to meet at i in said city, on -, the - day of -, at - o'clock in the- noon, then and there to act upon the following articles, to wit:Hereof fail not, and have you there then this warrant, with your doings thereon. Given under our hands and seals, at the city of Portland, this - day of -, in the year of our Lord MAYOR. l Aldermen of the city of Portland. 4. All warrants which shall be issued by the mayor To be served by copstables and and aldermen, for calling meetings of the inhabitants of returned. the city, shall be served by any constable of the city, and lb. returned to the mayor and aldermen on or before the meeting of the citizens therein specified. 5. It shall be the duty of the mayor and aldermen to Time of opening and closing fix the time when the poll shall close, as well as the time the polls shall for opening thereof, in the election of all officers except befixedbythe mayor and al.ward officers, and insert the same in any warrant and dermen, and notification to the inhabitants, of such election. inserted in the 1b, See CITY CIHARTER, sections 8, 11, 12, 13, 14, 15, 10* 146 CITY ORDINANCES. EVERGREEN CEMETERY. [SEE CEMETERIES.] FERRIES. STATUTES. is County commissioners; license ferries, establish tolls, take bond. 2. May establish them to be supported by towns; penalty for neglect. 3. Penalty for neglect to keep safe boat, and to give prompt attendance. 4. Person injured by neglect or default of ferryman may sue onI his bond. 5. No ferry to be established within one mile of a steam or horse ferry. 6. Penalty for keeping a ferry, or transporting, contrary to law. 7. Ice to be leveled and way kept in repair in winter. 8. Penalty for neglect of it; liability for injuries. 9. Licensed ferrymen not to use steam or horse-boats. 10. At steam and horse ferries other boats may be used in times of danger. 11. Obstructions of ferry ways prohibited. Penalty. 12. Piers may be sunk at ferries to guide boats. 13. Property to be appraised on removal of ferryman. FERRIES. 147 1. County commissioners may license persons to keep County comferries at such places and for such times, as are necessary, miaylicerse except where they are otherwise legally established;. may ferries, establish tolls, take establish tolls for the passage of persons and property; bond. revoke such licenses at pleasure; and shall take from the 8 Greenl., 365. I4. S., chap. 20. person licensed, a bond to the treasurer of State, with ~ 1. sureties, for the faithful performance of his duties. 2. They may establish ferries at such times and places They may esas are necessary, and fix their tolls. When no person is tablish ferries to be supportfound to keep them therefor, the towns in which they are ed by towns; established, are to provide a person to be licensed to keep nPeglty for them, and are to pay the expenses, beyond the amount of lb. ~ 2. tolls received, for maintaining them. When established between towns, they are to be maintained by them in such proportions as the commissioners order. For each month's neglect to maintain such ferry or its proportion thereof, a town forfeits forty dollars. 3. Every keeper of a ferry is to keep a suitable and Penaltyfornegsafe boat, or boats, for use on the waters to be passed, and lect to keep safe boat, and give prompt attendance for passage, according to the for neglect of regulations established for the ferry. For neglecting to keep such boat, he forfeits twenty dollars, and for neglect of attendance, one dollar, to him who sues therefor in an action of debt; and is liable in an action on the case to the party injured for his damages. 4. Any one injured in his person or property by the A person injured by default negligence or default of a ferryman, may commence a suit of a ferryman on his bond, in which the proceedings are to be similar to may sue bond. those in actions on the bonds of sheriffs. lb. ~ 4. 5. When a ferry is established by the'legislature to Ferry notwithbe passed by a steam or horse boat, no other ferry can be orn mile of steam or horse established on. the same river within one mile above or ferry. below it. lb. ~ 5 Penalty for 6. A person,-who keeps a ferry contrary to the pro- keeping a ferry visions of sections one and two, or without authority or conveying passengers or transports passengers or property across any licensed or property co-n trary to law. established ferry for hire, forfeits four dollars for each day lb. ~ 6, 148 CITY ORDINANCES. such ferry is kept, or for each time of transportation, and is also liable to the party injured and keeping the ferry at or near the place, for damages sustained by him, in an action on the case. ice to be lev- 7. WhVlen tidal waters, over which ferries are establisheled and way ed, become so frozen that travelers may pass on the ice, kept in repair il winter. the keepers of them are to level the ice and clear and }..lb ~ 7 repair the passage way from day to day, so that the sanme may at all times be safe and convenient for travelers with teams, sleds, and sleighs. Such way for passage may be made fron a public landing sufficiently near to be connected with the opposite ferry landing. The commissioners are to fix a reasonable compensation therefor, to be paid from the county treasury. Or they may contract with another person to perform such duties, and give notice thereof to the keeper of the ferry before the river is closed; and during the continuance of such contract the liabilities of the keeper are transferred to the person contracting. enalty for neg- 8. The ferryman, or person so contracting, forfeits ten lect and liability for injury. dollars for each day's neglect to perform such duty, and lb. ~ s. is liable in an action on the case, to pay damages to any person injured thereby. Licensed ferry- 9. A licensed ferrymaan, who uses at his ferry a boat Inen not to use horse boats or propelled by steam or horse power, forfeits his license, and stean boats. is liable to pay the damages occasioned thereby to any lb. ~ 9. person or corporation. At horse and steam ferries 10. Persons required to use, at a ferry, steam or horse other boats se in times boats, when the passage by them is dangerous, may use of danger. other safe boats. Ib. ~ 10. Obstructions to 11. Any person, who places a wier or other obstacle, ferries probib- or without necessity, anchors or places a raft, vessel, or ited; penalty. water craft, so as to obstruct the ordinary passage way of kb. I~.l any boat at a ferry licensed or established, forfeits twenty dollars to the use of the proprietor of the ferry, to be recovered in an action on the case; unless such obstruction was inadvertently made, and removed within thirty FERRIES. 149 minutes, if practicable, after notice given of its improper position, or unless it was occasioned by hauling into a wharf, pier, landing, or dock, without any unreasonable delay or wilful misconduct. 12. The proprietors of a ferry, to guide their boats, Piers may be sunk to guide may sink piers above and below and near their ferry ways, -oatsateuron each side of the river, not more than twelve feet in ries. length or breadth, and not so sunk as to injure any wharf ~ or landing, wiheare vessels had previously taken or clischargecl freights. 13. Whenever the county commissioners remove a Property to bt appraised on ferryman, they shall appraise the boat and other personal eonoval of property used in running the ferry, at its fair value and frlYnanll. the person appointed shall purchase the samle at said A't, rla 94. appraisal, if the person removed assents hetireto. 1[50 CITY ORDINANCES. FINANCE. ORDINANCES. 1i Commrnittee on accounts to be appointed. Duties. 2. City treasurer's duties. 3. Committee on accounts to audit the accounts of city treasurer and auditor. 4. City treasurer to give bond. 5. Financial year-accounts be made to the end of. 6. Committee on finance to be appointed. Duties. 7. City officers to pay over moneys to the treasurer. 8. Surrender of certificates of city debt by At. & St. L. Railroad Company. 9. Same subject. Duty of committee on finance, Committeeone 1. There shall be appointed annually, by the city accounts to be appointed. council, a joint committee on accounts, to consist of one Duties. on the part of the board of mayor and aldermen, and two nev. Ord., 1855, on the part of the common council, whose duty it shall be subsequent to carefully examine all claims and accounts against the ordinances and city charter. city, when certified by the auditor. City treasurer's 2. It shall be the duty of the city treasurer and duties, collector to collect and receive all rents which may be due lb, to the city, and under the direction of the mayor and aldermen, to seal and execute all leases of city lands or buildings. He shall also receive all fines and penalties which may be paid to him from time to time. He shall proceed without delay to collect all accounts which may be delivered to him for collection, and in any case in FINANCE. 151 which he is unable to obtain a settlement of an account, he shall report the same to the mayor and aldermen, and follow such directions as they may deem it for the interest of the city to prescribe. 3. It shall be the duty of the committee on accounts Committee on to audit the accounts of the city treasurer, and of the accoitunts htocauditor, at the close of each financial year, and as much counts of city treasurer and oftener as they may deem expedient; and for this purpose auditor. they shall have access to all books and vouchers in their lb. possession or in the possession of the city clerk, or any other officer of the city, and they shall in every case report to the city council the result of their examination. 4. The city treasurer and collector shall give bond, City treasurer with sufficient sureties, to the satisfaction of the mayor to give bond. and aldermen, for the faithful performance of the duties lb. of the said office of the treasurer and collector, and that he will truly and justly account for all moneys that may come into his hands. 5. The city treasurer shall make up his annual Financial year, accounts to the first day of April, and the financial year -eaccount to shall begin on the first day of April, and end on the last lb. day of March in each year. 6. There shall annually be appointed a joint com Committee on mittee on finance, to consist of the mayor and two alder- finance to be -I~. ~~appointed. men, on the part of the board of mayor and aldermen, lb. and three members of the common council, whose duty it Duties. shall be, under the direction of the city council, to negoIiate all loans made on account of the city, and to consider and report on all subjects relating to the finances of the city. 7. It shall be the duty of the city clerk, the city Cityofficers to marshal, deputy marshals, weighers of hay, and other pay overmoneys to the officers of the city, authorized to collect moneys, to pay treasurer. over to the city treasurer once in three months all moneys lb. which they shall receive, belonging to the city. 152 CITY ORDINANCES. Surrender of 8. Whenever the Atlantic & St. Lawrence Railroad the certiftcates Company or its assigns shall deliver to the city treasurer, of city debt In by At. &- St. to be cancelled, any of the certificates of city debt issued L. It. it.. Co.. Ri- - Co- in aid of said company, under the act of February 183th, Ord., June pd, )184, ~ 1.' 1852, together with all the coupons, paid or unpaid, belonginog to the same, it shall be the duty of the city treasurer to surrender a corresponding amount of the morttgage bonds of said company, held by the city as collateral for such debt, and the certificates of city debt and coupons so delivered to the city treasurer shall be immediately cancelled by him. Sanme subject. 9. If the Atlantic & St. Lawrence Railroacl Coupany, or its assigns, sihall deliver to the city treasuirer to be the property of tle city, any of, thie certificates of dc bt, or bonds o- the State of Maine, payalble by the State at any time not earlier than 1876, withl the unpaid coupons belongiing thereto, it shall be the duty of the cityv treasure' to receive the same and -to surrender therefor a correspodil)c, azmount of thle inortgagoe bonds of said conllpany, held by the city as collateral for the debt incurred by the city in aid of said company under the act of February 13th, 1852; and such certificates or bonds of the State debt, shall be held by the city treasurer to meet the certificates of the city debt incurred under said act, or may be )Duty of com- exchanged for the same, wvith any holder, whenever it can nuittee on hbe done advantageously to the interests of the city, under finance. the direction of the joint standing committee on finance; and in case any certificate of the city debt shall so be received by the city treasurer, he shall immediately cancel the same and the coupons beloCngying thereto. FIRE. STATUTES. 1. Powers of fire department of Portland, in whom vested. 2. Towns may prescribe rules for care of engines, &tc. 3. Officers chosen have powers of fire wards. Towns liable fbr acts of officers. 4. Inn-keepers to provide means of escape from fires, when. 5. Time allowed; penalty for neglect. 6. Officers n:may delmolish buildings, when. 7. Compensation for demolished buildings, when. S. Larceny at fires. 9. Defective chimneys, &c., may be removed. 10. Lighted pipes, &c., in mills, &c. 11. Penalty for kindling fire on land without consent of o wner. 12. " " " " with intent to injure another. 13. Lawful fires to be kindled at suitable time. 14. Penalty for selling, giving, or firing fire-works without license. 15. Towns may prohibit burning of bricks, &c. Penalty. ORDINANCES. GENERAL PROVISIONS. 1. Water not to be taken from reservoirs. 2. Bonfires, &c., not to be made. Penalty. 3. Penalty for carrying uncovered fire in the streets. 4. Penalty for discharging fire-arms. 5. Penalty for erecting or using brick-kilns without license. 6. Penalty for false alarm of fire. 7. Penalty for removing fire-ladders from place of deposit. 8. Penalty for setting fire to chimneys, &c. 9. Penalty for persons wearing badges, &c., falsely representing themselves as members of the fire department. 154 CITY ORDINANCES. FOR THIE GOVERNMENT OF THE FIRE DEPARTMENT. 1. Fire department, how organized. Election. 2. Organization of board of engineers. 3. Powers of engineers. 4. Engineers to cause combustibles to be removed. 5. " to demolish buildings at fires, when. 6. " may suspend companies, &c., when. 7. Engine companies, how composed. 8. Chief engineer, his powers and duties. 9. City council may form engine, hook and ladder, and hose companies, &c. 10. Foremen and clerks of companies; how chosen. Companies may make rules. 11. Meetings of companies. 12. Fines for absence. 13. Pay of members of companies. 14. Fires in adjoining towns. 15. Foreman, duties of. 16. Clerk, duties of. 17. Enginemen, their election and duties. 18. " their special duty to preserve engines, &c, 19. Repeal of prior ordinances, except, &c. 20. Compensation of officers and members. 21. " when paid. RULES AND REGULATIONS OF ENGINEERS. 1. Orders of chief engineer, how given. 2. Duty of engineers. 3. Officers to report, on arrival at fire, for orders, 4. Of moving engines at fires. 5. Duties of foreman. 6. Same subject. 7. Duties of drivers of engines. 8. Absent members may be discharged, when. 9. Companies, &c., doing special duty. 10. Members leaving department, city property must be returned. 11. Board of engineers may temporarily make new regulations. 12. Chief engineer to furnish copies of ordinances, &c., to members, &c. FIRE. 155 STATUTES. 1. All powers relating to the fire department are Powers of fire vested by the city charter, in the mayor and aldermen, department, in clarely~~~~~~ m owhom vested. and common council of the city of Portland, to be exer- City charter, cised by concurrent vote, each board to have a negative ~ 5 on the other. 2. Any city or town in this State, which has provided, Towns nav or may hereafter provide, fire engines, hose, ladders, or prescrbe rle for care and other apparatus for the extinguishment of fires, or the management preservation of life or property from destruction at fires, of fire engines and apparatus. may by ordinances, or by-laws, passed by the city council Act, MIarch 5, of such city, or the inhabitants of such town, from time to 1860, ~ 1. time prescribe rules and regulations for the care and management of such apparatus in all particulars, for the - for employemployment, compensation and discharge of men for ncert of men. working the same, whether engine men or other persons; and for the appointment of officers to govern such men -for appointment of offiwmhen on duty, and to take charge of such apparatus, as cers. well as to prescribe the style, rank, powers and duties of such officers. 3. The engineers, or other officers chosen by any city Officers so choor town under the provisions of any such ordinance or by- sen have powers of fire law, shall, within the limit of their respective precincts, wards. have and exercise in addition to the powers and duties conferred upon them by such ordinance or by-law, all the powers and duties of fire-wards as defined in the chapter to which this is additional, except so far as the same may be limited or restrained by the provisions of the ordinance or by-law under which they may be chosen; and such cities and towns shall be responsible for the acts or orders Towns liablefor of their said officers, to the same extent and in the same acts of officers. manner as towns are now by law liable for the acts or Ib. ~ 2 orders of fire-wards in similar cases. 4. The aldermen of any city and the selectmen of any Innkeepers to provide means town are hereby authorized, whenever they deem it neces- of escape from sary, to require the owner, proprietor or keeper of any fires, whred. sary, ayquired. 1156 CITY ORDINANCES. Act, March 24, inn or public house, where strangers or travelers are 183,8, ~ 1. lodced, within their respective cities and towns, to provide suit1able and sufficient ladders and fire-escapes firom the different stories of such inn or public house, easily accessible to each lodger in case of fire. 5. If such aldermen or selectmnen shall give notice to Time allowe(. any such owner, proprietor or keeper, to provide such suitable and sufficient ladders and fire-escapes, sixty days shall be allowed to provide the same; but any such owner, proprietor or keeper, neglecting to provide the same after the expiration of said sixty clays, shall forfeit and pay nlot less than fifty, nor more than three hulndred dollarss -for el'lt'v or each and evel-y monith he shall contillue so to neglect; ile ect. Uo be recoverid in aln action of clebt in the name and to( lb. ~ 2) the us-se of the inhabitants of said tow0,n osr city. (oiince.s ap- 6. Tie cllet engineer, enicel fiT-Tere- wardS, and:poeiatl. olaws, OHii c s atv 01pl oin'ccl for l0 t icalla l ocaiities under tlhe ay detimohlilh prlo isions of special laws, slball hav e the slEnle power as to ~,Uvilin pullubng do(0n or demolishing any builcdlngl to prevent the spreacding of fires, and as to other things affecting -thle 14. S., chalp. 26, extingusll Shment thereof, as fire-wards no-wv have by law; s, Act, 1831, and the town to which they belong shall be liable to pay chap. 134, establishing fire Such compensation for damages consequent upon their dIepartmt-lent of Portland. acts, as other towns are liable to pay for similar damages; and the members of the fire department in such localities shall enjoy all the privileges, and be liable to all the duties of other firemen in the State; but nothing herein shall be construed to control the manner of their election. Comup.ensatiort 7. If the pulling down or clemolishing any builcling, for building except toat in which the fire originated, is the means of Exception. stopping the fire, or if the fire is stopped before it comes to the same, then the owner of such building shall be entitled to a reasonable compensation therefor from the erso dssat- town; and if such town fails to make such compensation isfied may apply to county to his satisfaction, he may apply to the county commiscommissioners. sioners at their next session' and after due notice to the FIRE. 157 parties, they may confirm the doings of the town in estimating the amount of compensation, or in raising the Their lowers. money and paying the same, or alter them, as theyjudlge n.s., Chp. 2. proper, award costs to the prevailing party, and issue their warrant of distress to carry their judgment into effecet. 8. If any person steals, carries away, or conceals any Plunderhing tt fires dcclaredt property not his own, at a fire, or exposed by reason la.cely. thereof, and does not give notice of it to the owner or one lb. ~ 10. of the fire-wards, he shall be deemed guilty of larceny and punished accordingly. 9. When any chimney, stove, stove-pipe, oven, fur- iuunicipal offinace, boiler, or appurtenances thereto are defective, out cers to direct defective of repair, or so placed in any building as to endanger it chimnneys to be removed or re — or any other building by communicating fire thereto, the paired, under municipal officers on complaint of any fire-ward, or other a penalty. citizen, being satisfied by examination or other proof that lb. ~ 12. such complaint is well founded, shall give written notice to the owner or occupier of such building, and if he unnecessarily neglects for three days to remove or repair the same effectually, he shall forfeit not less than ten, nor more than one hundred dollars. 10. No person shall enter any mill, factory, machine Penalty for shop, ship yard, covered bridge, stable or other building, lighting or smoking pipe having with him a lighted pipe or cigar, or shall light or or cigar in smoke any pipe or cigar therein, under a penalty of five mills, c. dollars, if a notice in plain, legible characters is kept up Ib. ~13. in a conspicuous position over or near each principal entrance to such building or place, that no smoking is allowed therein; and if any person defaces, removes, or destroys any such notice, he shall forfeit ten dollars. 11. If any person kindles a fire by the use of fire Penalty for ckinldling fire arms in hlunting or fishing, or by any other means, on land o indling fire not his own, without consent of the owner, lhe shall forfeit out consent ot ten dollars; and if such fire spreads and does any damage oer ~ 14, to the property of others, he shall forfeit a sum not less 158 CITY ORDINANCES. than ten, nor more than five hundred dollars and costs, according to the aggravation of the offense; and in either case, shall stand committed till the fine and costs are paid. Penalty for 12. If any person with intent to injure another, kindles kindling fire with intent to or causes to be kindled a fire on his own or another's land, injure another, and thereby the property of any other person is injured or destroyed, he shall be punished by a fine of not less Tb. ~ 15. than twenty, nor more than one thousand dollars, or by imprisonment not less than three months, nor more than three years, according to the aggravation of the offense. Lawful fires to 13. Whoever for a lawful purpose kindles a fire on be kindled at sbitealle time, his own land, shall do so at a suitable time and in a care&Ctc. ful and prudent manner; and shall be liable, in an action Ib. ~ 16i. on the case, to any person injured by his failure to comply with this provision. Penalty for 14. Whoever sells, offers for sale, or gives away any selling, giving away, or firing crackers, squibs, rockets, or other fire works, or fires or fire works throws the same in any town, without the license of the without license. municipal officers thereof, shall be punished by fine not SI. s., chap. 128, exceeding tell dollars, to the use of such town. ~2. Burning bricks t5. A town, at its annual mneeting, may prohibit the in parts of a burning of bricks, or the erectingr of brick kilns within town prohibit- t ed by vote; such parts thereof as they deem for the safety of the nuisnces. citizens or their property. And if any person, by himself., cha. 1, or others, violates such prohibition, the municipal officers shall cause said bricks or brick kiln to be forthwith 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. FIRE. 59 ORDINANCES. GENERAL PROVISIONS. 1. If any person shall take any water from any Water not to be reservoir or well where there is no pump, belonging to the taken from reservoirs. city, for any purpose whatever, except for the extinguish- ev. Or., 1855, ment of fires or the use of the fire department, without first as amended by Ord., Feb. 17, having obtained permission in writing from the mayor, he 1862. shall pay for each offense not less than five nor more than twenty dollars. No person, when authorized by the mayor and alder- Ord., Aug. 10,tt) men to encumber any street with materials for building, 1867, ~ l, 2 or under any circumstances, shall deposit any such materials or rubbish of any kind upon any city reservoir, or in any such manner as to interfere with the convenient use of such reservoir, under a penalty of not less than twenty dollars nor exceeding fifty dollars for each offense. If any such reservoir shall be so obstructed? the chief engineer shall at once cause the obstructions to be removed at the expense of the person or persons making such obstructions. 2. If any person shall make any bonfire, or other fire Bonfires, &e., in any of the streets, squares, commons, lanes, or alleys, siottobenade,. or on any wharf within the city, without the license of the Rev. Ord., 1855. mayor and aldermen, he shall be punished by a fine not Penalty. exceeding twenty dollars. 3. No person shall carry fire fromn any house or place Penalty for, arto any other house or. place in the city, except in some ci ptr, c.covered pan or vessel, so as to secure the fire from wind lb. and from being scattered by the way, under a penalty of not less than three dollars for each offense. 4. No person shall fire or discharge any gun, fowling renalty for dispiece, or fire arms within the limits of the city of Portland charging firearms. under a penalty for every such offense of not less than one nor more than twenty dollars; provided, however, that this Proviso. section shall not apply to the use of such weapons at any Ib. 6(0 CITY ORDINANCES. military exercise or review, or in the lawful defense of the person, family, or property of any citizen. s".atite i~or 5. No person shall erect, make, or fire, or cause to be irecting or il ingr, brick erected, made, or fired, within any part of the city, any,o,!ilsithout brick kiln or lime kiln, without license of the mayor in writing, designating the place of such kiln, under a penalty of not less than five nor more than twenty dollars, and a like sum for every week he shall continue such kiln, after notice to remove the same.;?O ity for 6. If any person shall wilfully or maliciously give, or msose alarms. cause to be given, a false alarm or cry of fire by outcry b., Os lmeilyd or ringing an alarm bell, or striking an alarm at any box by Ord., May II 18, s86'7. of the fire telegraph, he shall pay for each offense a penalty not less than twenty nor more than fifty dollars. ltyi for re- 7. If any person shall remove any laldder provided by tmoving lald-,ers from the city to be used at fires, fiom the place of deposit, for?>[aces of deosit exdept, any purpose but that of assisting in the extinguishment of ~a~c fire, such person shall pay for each offense a sum not less Or,-d, t1855o, than five nor more than ten dollars. 8. If any chimney, stove-pipe, or flue shall take or i3r Anling chim-?luys, o a be set on fire, the owner or occupant of the building or tenement to which such chimney, stove-pipe, or flue appertains, shall forfeit and pay the penalty of two dollars..rovfiso. for each offense;.Provided, however, that any person may lawfully burn out or set fire to his chimney, stovepipe, or flue, at any time between sunrise and noon, if the roofs of his own, and the buildings contiguous are thoroughly wet with rain, or covered with snow.,ernso(rXs not,r:,embers of 9. If any person not a member of the fire department e patintmnt shall, when the department is on duty, wear any badge or itromr wearing other insignia, representing himself as a member of the Ijgni.s or fire department, he shall, upon complaint of any engineer.rity:for so or officer of the fire department, pay a penalty of not less Ord, July 30, than two nor more than five dollars for each offense, 785.8, ~ 5, FIRE. 161 FOR THE GOVERNMENT OF THE FIRE DEPARTMENT. 1. The fire department shall consist of a chief engi- Firedepartneer, four assistant engineers, and as many firemen, to be ment, how organized. divided into companies, as the city council shall, from time to time, deem expedient. And the election of said Election. engineers shall take place on the second Monday in March, Ord., Aug., 14, annually; (but vacancies may be filled at any time;) 1 ~ and the said chief and other engineers shall, on their appointment, receive a written or printed certificate or warrant in the following words, viz:"This certifies, that is appointed an engineer (or chief engineer,) of the fire department of the city of Portland, and is clothed with all the powers, and entitled to all the immunities belonging to said office. Given under mly hand this - day of - A. D. 18 a - yor. City Clerk." The respective rank of the engineers shall be deter0&~~~ ~~Rank of enlgimined by the city council; and the city council may at neers, how deany time remove from office the chief engineer, or any of termined. the other engineers, and may discharge all of them, if the interests of the city require such removal or discharge. 2. The engineers so appointed shall meet and organize; Organization of a majority shall'form a quorum; in the absence of the board of engichief, the engineer next in rank present, shall be the pre- nees. siding officer, and shall at all other times in his absence lb. ~ 2. perform his duties. They may appoint a secretary and other officers, and make such rules and regulations for their own government as they may deem expedient, subject to the approval of the city council. 3. The engineers shall, at all times, have the super- Power of engiintendence and control of all buildings, furniture and neers. apparatus used for the purposes of the department, over Ib. ~ 3. the officers and members of the several companies attached to the department, and over all persons present at fires. And they may make such rules and regulations for the 162 CITY ORDINANCES. government of the department, and for the extinguishment of fires as they may, from time to time, deem expedient; the same not being repugnant to the laws of the State, and being subject to'the approval of the city council. To cause corn- 4. It shall be the duty of the engineers, at such times bustibles tobe aS they may deem expedient, to examine or cause to be removed. examined, premises where fire is at any time used, and lb. ~ 4. where danger is apprehended therefrom; to examine into all places where shavings or combustible materials, or where ashes may be collected or deposited, and to direct such alterations, repairs, or removal to be made in such case as may be required, whenever in the opinion of any two of the engineers they may be dangerous to the security of the city from fire. And in case of the neglect or refusal of the owner or occupant of such building to make, or commence to make such alteration, repair, or removal, within forty-eight hours after notice, said engineers may cause the same to be done at the expense of said owner or occupant; and if such owner or occupant shall neglect or refuse to pay such expense, on demand of said engineers, he or she shall forfeit and pay not less than one nor more than thirty dollars, to be determined by the city council. And for such services the engineers shall receive such compensation as the city council may direct.'ro demolish 5. Whenever it shall be determined at any fire, by buildings at any three or more engineers, one of whom shall be the fires, when. chief engineer, (if present, or in his absence, the engineer lb. ~ I next in rank who may be present,) or a majority of any greater number who may be present at such consultation, to be necessary to pull down or otherwise demolish any building, the same may be done by their joint orders. And they shall have the sole and absolute control of all streets, lanes, sidewalks and squares in the vicinity of such fire; and may close up or exclude persons or vehicles from passage through such places, for such length of time as may be necessary for the preservation of order and the extinguishment of fires. FIRE. 163 6. A majority of the board of engineers shall have full Board of engipower to suspend from duty any company that shall neers may suspend cornwilfully neglect or refuse to perform their duty, or shall panies and ofibe guilty of disorderly conduct, or of disobedience to the cers for improper conorders of either of the engineers, or for violation of any duct. of the rules and regulations of the department. They lb. ~6. shall also have full power at any time to suspend (for sufficient cause) any officer or member of the department, and whenever a company, officer or member of the department shall be thus suspended, they shall report the facts of the case to the city council for final action, unless they shall have reinstated such company, officer or member prior to the next meeting of the city council. 7. Engine companies shall consist of a foreman, clerk, Engine compaengineman, fireman, and as many hosemen as the city Uy, how on-' - posed. council and board of engineers shall deem sufficient. And Ib. ~. hook and ladder and hose companies shall consist of a foreman, clerk and steward, and as many hook and ladder men and hosemen as the city council and board of engineers shall deem sufficient. 8. The chief engineer shall have control of all the Power atndltu engineers and other persons attached to the fire depart- ties of chief engineer~ ment; and shall direct all proper measures for the extinguishment of fires, protection of property, preservation of lb. ~ 8. order, and observance of the rules and regulations. And it shall be the duty of.said chief engineer to examine, or cause to be examined, the condition of the apparatus and buildings used by the department, and of the companies attached thereto, as often as circumstances may render it expedient, or whenever directed by the city council or the committee on fire department; and annually to report the same to the city council, and oftener if thereto requested: Also to cause a full description of the same, together with the name and age of the officers and members of the department, to be published annually, in such manner as the city council shall direct. And whenever the apparatus 164 CITY ORDINANCES. used by the department requires repairs, additions or alterations, the chief engineer, under the direction of the committee on fire department shall cause the same to be made; and annually to report an account of the loss by fires, as near as can be ascertained, together with the names of the owners and occupants. He shall have the control of all reservoirs, and superintend the construction and repairs of the same under the direction of the committee on fire department, and visit the stores or shops of all licensed dealers in gunpowder, at such times as he may deem expedient, to see that the rules and regulations established by the mayor and aldermen in relation to gunpowder are complied with, and to prosecute all violations of the same in accordance with section 11 of said rules and regulations. City council 9. As many engine, hook and ladder and hose commay form en- gine, hook and panies shall, from time to time, be formed by the city ladder, and council as they may deem expedient; the selection hose companies, &c. of members and enginemen for new companies to be lb. ~ 9. made by the board of engineers, subject to the approval of the city council: And no person under the age of twenty-one years, shall be admitted a member of the department. Foreman and 10. The foreman and clerk as provided for in section close, how seven, shall be nominated by the members of the several companies, at meetings held on the first Monday of Janulb. ~:Lo. ary annually, or at an adjournment of the same, to be held within one week of the annual meeting, and their names sent to the board of engineers; and being approved by them shall be sent to the city council for their approval. If approved, they shall each receive a certificate of appointment, signed by the mayor and city clerk, and shall hold their offices until removed or others are appointed in their places; and if rejected by the board of engineers other persons shall be nominated as aforesaid, and any company failing to nominate officers at their annual meeting, or an FIRE. 165 adjournment thereof, the board of engineers shall appoint such officers as they may deem expedient, subject to the approval of the city council. The several companies may Comipanies may make rules, make rules and regulations for the internal government of &c. their companies, subject to the approval of the board of engineers, a copy of which shall be deposited with said board. 11. On the first Monday evening of every month, (and Monthly and no oftener except by order or permission of the chief or other meetings of companies. board of engineers or as provided in section 10,) the companies shall meet for the transaction of business; and lb. ~ whenever the chief or board of engineers shall consider it necessary, the companies shall meet for the purpose of working their respective apparatus, and in no case shall buildings used by them be occupied as places of general resort or rendezvous. 12. The companies respectively shall charge to memn- Fines for abbers a fine of fifty cents for non-attendance at any fire, sence. and fifteen cents for non-attendance at any meeting of the lb. ~ 12. company; and said fines shall be deducted by the city treasurer from the pay of each member, and refunded to the several companies. 13. There shall be paid, semi-annually, in July and Pay ofmmembers January, to each member of the respective companies, of companies. (except enginemen who may be paid oftener if expedient,) lb ~ 13. such sums as the city council may, from time to time, determine. And in case of the temporary absence of any member from the city, or inability to perform his duties in consequence of sickness, he shall provide a substitute, who shall be at least twenty-one years of age, whose name he shall return to the foreman of the company for approval; failing in which, he shall be subject to all deductions that may accrue for his absence. 14. When a fire occurs in any of the adjoining towns, Fires inadjoining towns. not more than one engine shall be allowed by the chief lb. ~ 1. engineer to go more than one-half mile beyond the limits 166 CITY ORDINANCES. of the city; but when a fire occurs within the above named limits, the chief engineer shall have discretionary power to send two engines. )tLe,i of fore- 15. The foremen shall certify to the correctness of the Dilenl. pay rolls, and keep, or cause to be kept, by the clerks of lb. ~ 1.. their respective companies, fair and exact rolls, specifying the time of the admission and discharge of each member, an account of all city property intrusted to their care, and fair records of the proceedings of the companies, in a book provided for that purpose by the city; which rolls or record books are always to be subject to the order of the board of engineers. Du ies ofclerks. 16. It shall be the duty of the clerks of each of the I). ~ 16. companies to report to the board of engineers, immediately after the annual meeting, the names of the newly nominated officers, also to return to the board of engineers, on the first day of July and January, a true and accurate list of the members of their respective companies, the length of time each has served; if he had a substitute, and how often; together with the amount of fines, (if any,) which are dclue from each member; and these returns, if approved by the board of engineers, shall be transmitted by them to the city treasurer. They shall also, within seven days after their monthly meetings, send to the board of engineers, the name of every person admitted to their respective companies at said meetings, and these persons, if approved, shall sign the following statement: "The undersigned having been appointed members of the Portland Fire Department, hereby signify our agreement to abide by all the ordinances and rules and regulations of the city council and board of engineers. Any officer or member who shall neglect or refuse to sign the same, shall not be a member of said company, or entitled to any compensation whatever." 17. The enginemen shall be elected annually by the Electionof en- city council, on the 2d Monday in March, but vacancies gineinen. may be filled at any time. They shall, at all times, be in or about the engine house, and have charge of the engines FIRE. 167 and all other city property committed to their care, and be held strictly responsible for its good condition for Their duties. immediate service. They shall keep the engines and lb. ~ 17. houses clean, and in good order, and perform all such other duties as may be required of them by the chief engineer. They shall also have the appointing of firemen from their companies, whose duty it shall be to assist them in the working of the engines, and to perform such other duties as may be required of them. 18. It shall be the special duty of the enginemen to Their special -zn ~ ~ duty to prepreserve their engines from injury as much as possible; to serve engines eypose them to no unnecessary hazard; to cause them to from injury. be worked with judgment and skill, and not subject them lb. ~ 18. to harsh treatment. 19. All ordinances, rules and regulations, or amend- Repeal of ordiments thereto, relating to the fire department, approved nances, except prior to the passage of this ordinance (excepting " an lb. ~ 19. ordinance fixing the compensation of the officers and members of the fire department," approved July 13, 1864,) are hereby repealed; and this ordinance shall take effect and be in force from and after its approval by the mayor. [See sections 20 and 21, following.] 20. The annual compensation of the officers and memCompensation bers of the several fire engine and hook and ladder com- of officers and panies shall be as follows, viz; members. To the first director of each company forty dollars. To d., ~uly 13 the second director of each company thirty-five dollars. To the clerk of each company forty dollars. To the steward of each company forty dollars. To the fireman of each steam fire engine company forty dollars. To each member of the respective companies, other than the officers *aforesaid, not exceeding thirty-six for each hand engine company, eleven for each steam fire engine company, and seventeen for each hook and ladder company, thirty dollars. 168 CITY ORDINANCES. WThen paid. 21. Said sums shall be paid to each officer and memIb). ~ 2. ber individually, in semi-annual payments, during the months of January and July in each year for the six months next preceding said months of January and July: Provided however, that the said officers and members shall have faithfully performed their duties and complied with all orders, rules and regulations prescribed or established by the mayor and aldermen or board of engineers. RULES AND REGULATIONS OF THE BOARD OF ENGINEERS, ADOPTED BY THE CITY COUNCIL, AUGUST 14, 1866. Orders of chief ARTICLE 1. The orders of the chief engineer to the engineer, how several companies of the department, will be communigiven. cated to the commanding officers, if convenient, who shall render prompt obedience thereto. When an engineer is charged with an order for any company, he will call the number in a distinct voice, which shall be responded to by any officer present, who shall immediately obey such order, without waiting to communicate with his superior, unless it can be done without delay. All members shall obey any order from an engineer. Duty of engi- 2. The engineers are to keep a watchful eye upon all neers. parts of the fire, and report to the chief immediately all changes in the aspect of the conflagration, and these reports shall be as definite as possible, and the facts upon which they are supposed to be founded, should always be well ascertained. For these purposes the chief of the department will station himself at some point where the scene of operations can be overlooked, which shall be designated in the night time by a red signal lantern. It will in all cases be considered the duty of the assistant engineers to answer promptly the call of the chief engineer. And in case of disturbance at a fire, by any rude or riotous person, any engineer who may observe it, shall order the offender into the custody of the police, to be proceeded against by law. FIRE. 169 3. In case of fire not more than one line of hose shall Officers to rebe run out Without permission from an engineer. The porton arrival nat,fire for orofficers in charge of the several companies immediately on dars. their arrival at a fire shall report themselves, with the station of their apparatus, to the chief engineer, or his assistants. Those engines not immediately wanted will take convenient positions, their companies remaining by them under the direction of one of their officers, while the officer in command of such engine will report to the chief and remain there for orders. 4. When in the progress of a fire it becomes necessary of moving ento move any engine, the movement will always be exe- gines at fire. cuted with as much expedition as possible. The companies so changing will use the same hose, unless otherwise ordered by an engineer, and the hosemen will hold themselves in readiness to render any assistance required of them by an engineer. No company attached to the department shall leave any fire, or take the apparatus of which they have charge therefrom, without the order or permission of the chief engineer. 5. The foreman shall preside at all meetings of the Dties of forecompany, and at fires or alarms have direction of the man. apparatus and all persons attached to the same. In his absence his duties shall be performed by the clerk. It shall also be the duty of the foreman to preserve order and discipline in his company, and require and enforce a strict compliance with the ordinances, rules and regulations, and the orders of the engineers, and at the annual meeting appoint two pipemen and four suction hosemen, who, after putting their hose in working order, shall assist the leading hosemen in the discharge of their duties. 6. It shall be the duty of the foremen of the hook and Duties of foremen of hook ladder and hose companies to see that the fire apparatus and ladder an of every kind of which they have charge, is kept clean hlose compaand in good order for immediate use, and that no obstructions are placed at the entrances of the several buildings in which the apparatus is kept. They shall also appoint 170 CITY ORDINANCES. a steward, whose duty shall be to clear the snow from the sidewalk in front of the house, and generally to see that their apparatus is ready for immediate use. Duty of drivers 7. It shall be the duty of the drivers attached to the of engines, engine and other apparatus connected with the department, to obey the orders of the foremen and enginemen and comply strictly with the rules and regulations and directions of the board of engineers. It shall also be their duty to see that the horses employed for the purpose of hauling the apparatus be in harness and ready for immediate use. Absent mem- 8. Any member of the department absenting himself dieshrs may be from one-third of the fires that occur in six months, may when. be discharged from the department, for neglect of duty, by the board of engineers, and any member neglecting or refusing to perform his duty, shall be immediately reported to the board of engineers. 9. Any company or companies, or any member of the Companies or members department, doing duty by requirement or invitation from douty byre- the mayor, city council, committee on fire department, quirement of chief or board of engineers, shall act in strict conformity mayor, &c. n to the discipline as laid down in the ordinances and rules and regulations, and be subject to the penalties for noncompliance, and volunteer companies shall also be subject to the ordinances and regulations. embers leav- 10. Whenever any members leave the department, it ing the depart- shall be the duty of the foreman to see that the property ment, city property must belonging to the city be returned; and failing to procure be returned, such articles, the company shall be held responsible for the same, if there is not a sufficient amount due the member from the city to protect the city from loss. Board of engi- 11. Any regulation not expressed in these regulations neers may for the government of the companies, may be instituted institte ily for the time being by the board of engineers, to be regulations. observed until the next meeting of the city council, when it shall be submitted to their consideration. FIRE. 171 12. The chief engineer shall furnish every member in Chief engineer the department with a printed copy of these ordinances to furnish and regulations, and shall cause a copy of the same to be ordinances kept in all the houses of the department, and also to fur- and regulations to menenish each engine house with a list of the public wells, bers, &cc reservoirs and the location of each. GUNPOWDER. STATUTES. 1.!M~unicipal officers to regulate keeping, &c. 2. Persons injured by explosion may recover damages. Penalty. 3. Municipal officers may search for gunpowder. 4. Not to be sold in Portland without license. 5. License, price of. Licensed persons to put up signs. 6. Mlayor and aldermen may make rules to regulate sale. 7. Penalties for violating provisions of law. RULES, &C., ESTABLISHED BY MAYOR AND ALDERAIEN. 1. Mayor and aldermen to appoint keeper of magazine. 2. Duties of keeper of magazine. 3. No person to keep or sell without license. 4. Licensed persons not to keep more than seventy-five pounds. 5. To be kept in copper chests. 6. Vessels not to land or receive over twenty-five pounds without permit. 7. Permits to land or ship gunpowder, how granted. 8. Same subject. 9. How to be transported through city. 10. Signs to be put up by licensed persons. 11. Penalty. 12. Persons to transport gunpowder may be appointed by mayor, &c. 172 CITY ORDINANCES. STATUTES. u1111icipal off- 1. In every town, the municipal officers may make cersto make regulations in conformity to which all gunpowder in the regulations respecting gun- town shall be kept, or transported from place to place; powder. and no person shall keep it in any other quantity or manner, Penalty for vio- than is prescribed in such regulations, under a penalty of lation, It.., chap. 26, not less than twenty nor more than one hundred dollars ~ 19. for each offense; and all such gunpowder may be seized by any of said officers as forfeited, and within twenty days after such seizure, be libelled according to law. Persons injured 2. A person injured by the explosion of gunpowder by exosioner in possession of any person contrary to the regulations dalmages. established as aforesaid, may have an action for damages against such possessor, or against the owner thereof, if conusant of such neglect. Power of muni- 3. Any municipal officer, with a lawful search warcipal officers to rant, may enter any building or other place in his town to search for gun- m powder. search for gunpowder supposed to be concealed there lb. ~ 21. contrary to law. Not lawful for 4. It shall not be lawful for any person or persons to aly person to sell any gunpowder, which may at the time be within the sell within the city of Port- city of Portland, in any quantity, by wholesale or retail, land, gunpow- without having first obtained from the mayor and alderder without license. men of said city, a license to sell gunpowder; and every Act, 1833, 337, license shall be written or printed, and duly signed by the mayor, on a paper, upon which shall be written or printed a copy of the rules and regulations established relative to keeping, selling, and transporting gunpowder within the License to be in said city; and every such license shall be in force for one force one year. year from the date thereof, unless annulled by the mayor IMay be renewvel. and aldermen, and no longer; but such license may, prior to its expiration, be renewed by an endorsement thereon by the mayor for the further term of a year, and so from Proviso. year to year; provided, always, that the mayor and aldermen may rescind or annul any such license, if, in their opinion, the person or persons licensed have dis GUNPOWDER. 173 obeyed the law, or infringed any rule or regulation established by the mayor and aldermen. 5. Every person who shall receive a license to sell Amounttobe paid for gunpowder, as' aforesaid, shall pay for the same to the license. treasurer of the city, the sum of five dollars, and every lb. ~ 2. person on having a license renewed, shall pay to said Personslicelstreasurer the sum of one dollar. And any person or edto keep a sign over the persons, licensed to keep and sell gunpowder, as aforesaid, door of the shall place and constantly keep in a conspicuous place building in Which gunover or at the side of the front door of the building in powder is sold, with the words which powder is kept for sale, a sign, on which shall be thereon, "Liinscribed in plain, legible letters, the words following, viz: ce'sed to keep and sell gun" Licensed to keep and sell gunpowder." Iowdler." 6. The mayor and aldermen of the city of Portland Mayor and a,are authorized to make and establish rules and regulations, dermen may establish rules from time to time, relative to the times and places at and regulawhich gunpowder may be brought to or carried from said tions Iff the sale of guncity, by land or water, and the time and manner in which powder. the same may be transported through said city, and lb. ~ 3. prescribe the kind of carriage, boat or vehicle, in which the same may be brought to, transported through, or carried from said city. Provided, however, that said Proviso. rules and regulations shall not be applied to any person or persons, excepting inhabitants of the city of Portland, until personal notice shall have been given of the existence of said rules and regulations. 7. If any gunpowder, kept contrary to the provisions of this act, or contrary to the terms and conditions of any Penalties. such license, or to any rules and regulations established lb. ~ 4. or to be established, by the mayor and aldermen, as aforesaid, shall explode in any shop, store, dwelling-house, ware-house, or other building, or in any other place in said city, the tenant, occupant, or owner of said shop, store, dwelling-house, ware-house, or other building, or place, shall pay a fine not less than fifty nor more than three hundred dollars, one moiety thereof to the use of 174 CITY ORDINANCES. the poor of said city, and the other moiety to the use of the person who may sue therefor, to be recovered by action of debt. RULES AND REGULATIONS ESTABLISHED BY MAYOR AND ALDERMEN. Mayor and al- 1. The mayor and aldermen shall annually, in the point keep)erof month of April, appoint a keeper of the city powder powder magazine. magazine, who shall be sworn to the faithful discharge of Adloptedby ~ the duties of the office, and give bond with sureties to mayor and aldermen, be approved by the mayor and aldermen in the sum of Dec. 31, 185. two hundred dollars for the faithful performance of his To give bond. duties. Duties of keep- 2. It shall be the duty of the keeper of the city erof poder powder magazine to receive and safely keep in the city magazine. powder magazine, all powder brought thereto for deposit, and deliver the same to the owner thereof, or his order, when thereto requested, for such fees, to be paid to him by such owner, as may be established therefor, and shall only deliver powder in the manner prescribed in these rules and regulations. No person al- 3. No person shall keep or have in his shop, store, lowed to keep r sell gun- dwelling-house or other tenement, at any one time, a larger owler withl- quantity of gunpowder than one pound, unless he is out license. licensed by the mayor and aldermen to keep and sell gunpowder, which license shall expire in one year from its date. Nolicensed per- 4. No person licensed as aforesaid, shall have or keep son to keep soelr5o lbs. in his store, shop, dwelling-house or in any other tenelb., as amend- ment, or place whatever, at any one time, a larger ed in 18G3. quantity of gunpowder than seventy-five pounds. To be kept in 5. Every person licensed as aforesaid, shall provide copper chests. himself with a strongly made copper chest or box, with a copper cover well secured with hinges and lock of the same material; and the kegs or canisters in which said GUNPOWDER. 175 powder may be, shall be kept in said copper chest or box, Chests tobe which shall, at all times, be placed near the outer door of placed near outer door. the building in which it is kept, in a convenient place for removal in case of fire. 6. No person shall haul unto or lay at any wharf, Vessels nrot to bridge or other landing place in this city, or bring within laud or receive over 25 lbs. two hundred yards thereof any boat or vessel having on without perboard any quantity of gunpowder exceeding twenty-five mit. pounds, or land from or receive on board any boat or vessel, at any such wharf, bridge or landing place, any gunpowder exceeding the amount aforesaid without obtaining a permit from the mayor; and no boat or vessel with gunpowder on board in quantity exceeding twentyfive pounds, shall remain at any wharf, bridge or other ot to lay at any wharf. landing place in the city more than six hours; nor shall any such boat or vessel be allowed to ground at any such place, or remain there after sunset. 7. The mayor, or in his absence, the chairman of the Mayor amId chairman of' committee on fire department, mtay grant permits to land committee on gunpowder for immediate shipment or transportation, on firedepartmert may either of the abutments near the draw of Tukey's bridge; grant permits to land or ship they may also grant permits to land or ship gunpowder gunpo-wder. from canal boats or other boats on board vessels lying at or near the end of Smith's wharf or either of the wharves between said Smith's wharf and Portland bridge, provided that the consent in writing of the owner or agent, or wharfiner of such wharf shall first be delivered to the mayor. 8. The mayor, or in his absence, the chairman of Samesubjec. committee on fire department, may grant permits for landing upon or shipment from any wharf in the city, of gunpowder in quantity not exceeding six kegs of twentyfive pounds each. 9. No gunpowder shall be conveyed from the maga- Howtobe zine through any street in the city in any carriage other transported Zn than ri through the than the one provided for such purposes by the city, city. 176 CITY ORDINANCES. excepting however that a quantity not exceeding six kegs of twenty-five pounds each may be conveyed through any street if the same be in tight casks and each of said casks put into a strong bag and remain in such bag while in Proviso. any street. Provided, that the owners of powder mills may transport powder to the city powder magazine, or when the Cumberland and Oxford canal is closed, to the bridge or the wharves named in section seven, entering Streets through the city by Congress or Portland streets, along Vaughan, which gun- ysrt, Vga powder maybe Brackett and Arsenal streets, to the city powder magazine, conveyed. in their own carriages safely covered. And the owners of powder mills may convey powder intended for shipment as in section seven, in their own carriages safely covered, through Vaughan, Danforth and Canal streets, to the wharves named in section seven, and in no case shall any vehicle in which powder is so Proviso. conveyed, be allowed to stop in any street. Provided, however, that on and after the completion of Waldo street, said carriages, when transporting powder for shipment as aforesaid, shall pass through said Waldo, Canal and Commercial streets to the wharves aforesaid. Persons licens- 10. Every person licensed to sell gunpowder shall ed to keeplsign ovr th dooree have and keep a sign board over the outside of the door with the words or principal entrance to the building in which such powder " Licensed to keepand sell is kept, on which shall be distinctly painted the words, gunpowder" " Licensed to keep and sell gunpowder." thereon. 11. Every person violating any of these rules and Penalties. regulations will be liable to a fine of not less than twenty nor more than one hundred dollars, as provided in revised statutes, chapter twenty-six. Mayor and al- 12. The mayor and aldermen shall annually appoint dermen to appoint persons one or more persons whose duty it shall be to transport to transport all gunpowder in the city that may be requirel, and who gunpowder. shall have the custody of the vehicle provided for that purpose, whose compensation shall be such as the mayor and aldermen may determine. HARBOR OF PORTLAND. STATUTES. 1. The boundaries of the harbor of Portland defined. 2. Same subject. 3. Wharves, &c., not to be extended beyond said lines, or materials deposited in said harbor, or land removed.. Abatement of such erections, &c. 4. Receiving basins and reservoirs in said harbor defined, subject to control of commissioners. Erections, &c., therein, without permission, prohibited. Such permission to be deposited and recorded. 5. Prosecutions and punishment for violations of this act. 6. Appointment of commissioners. Term of office. 7. S. J. Court may issue writ of injunction, &c. 8. Commissioners' powers extended-restrictions and penalties. 9. Compensation of commissioners. ORDINANCES. 1. Harbor master to be appointed. 2. " his duties. 3. Stones, &c., not to be thrown in the harbor. 4. Rules for vessels in harbor. 5. Penalty for violating rules. 6. Of vessels anchored contrary to rules. STATUTES. RELATING TO PORTLAND HARBOR. 1. The harbor of Portland is bounded north-westerly The boundaries by a line commencing at the eastern corner of the Gas of the harbor Company's wharf, next above the Portland bridge, and ofPortlanddefined. extending straight to the southern corner of the end of 12 178 CITY ORDINANCES. Act, 1856, chap. Robinson's wharf, and along the end of it to the eastern 654, ~ 1. corner; thence straight to the southern corner of the end of Central wharf, and along the end of it to the eastern corner; then straight to the southern corner of the end of Custom House wharf, and along the end of it to the eastern corner; thence straight to the southern corner of the end of Railway wharf, and along the end of it to the eastern corner; thence to the southern corner of the end of St. Lawrence wharf, and along the end of it to the eastern corner; thence parallel to the strait portion of the outside railroad track, to the shoals to the southward of Fish point, as defined on the plan of Portland harbor, made by the United States Coast Survey, in the year one thousand eight hundred and fifty-three. Same subject. 2. It is bounded southeasterly by a line commencing Ib. ~ 2. at the end of the breakwater as it now is, and extending southwesterly to the easterly corner of the end of Ferry wharf; thence along the end of it to its westerly corner; thence in a straight line to Portland bridge, at a point of eight hundred and fifty feet from the point where the northwesterly line of the harbor touches said bridge, and nine hundred and seventy-five feet from the line of high water mark in Cape Elizabeth. Wharves, &c., 3. No wharf or incumbrance of any kind shall ever tended bex-yond hereafter be erected or extended into said harbor beyond said lines, or either of said lines. No stones or other materials shall be materials deposited in said deposited in said harbor. No land within the same harbor, orland covered with water shall be removed without the written removed. permission of the commissioners hereafter named. Every Abatement of' erection, incumbrance or material, erected, placed or such erections, &c. deposited in said harbor, within the lines aforesaid, shall lb. ~ 3. be deemed a public nuisance, liable to abatement. Receiving 4. *The receiving basins and reservoirs of said harbor basins andres- shall comprehend the tidal waters of Fore river and Back ervoirs of said harbor defin- Cove, and those along the shore northeasterly to the easted. erly side of the mouth of Presumpscot river. They shall HARBOR. 179 be and hereby are subjected to the control and regulation Subject to control of cornof the commissioners hereafter named. No erection, missioners. incumbrance or material, shall hereafter be placed or Erections, &c., deposited in those waters, which will obstruct the flow and therein, without written ebb of those waters, or diminish the volume thereof, with- permission of out the written permission of said commissioners, or of a commissioners major part of them, therein describing the extent and character of the erection or deposit so permitted. Such Such permispermission by them subscribed shall be left with the clerk of sion to be deposited and rethe city of Portland, to be by him recorded before any corded. such erection, obstruction or deposit is made. All erections, Ib. ~ 4. obstructions or deposits, made contrary to these provisions, are to be deemed public nuisances and liable to abatement. 5. Any person who shall offend against any of the Prosecutions and punishprovisions of this act, shall be deemed guilty of a misde- mentforiolameanor, and liable to prosecution therefor, by indictment tions of this act. in any court of competent jurisdiction, and on conviction, lb. ~ 5. be punished by a fine not exceeding five hundred dollars; and he may also be sentenced to pay all expenses for an abatement or removal of such erection, obstruction or deposit made by him, and to stand committed until he shall pay the same, or give satisfactory security therefor. 6. The governor shall nominate, and with the advice Appointment of and consent of the council, appoint three persons commis- commissioners. sioners of the harbor and tidal waters connected therewith, of the city of Portland. One of those first appointed shall continue in office one year, one for two, and the other for Term of their office. three years. At the expiration of each person's term of lb. ~ 6. service, the same or another person shall in like manner be appointed to serve for three years. When a vacancy shall happen by death, resignation, or removal from the State, another person shall in like manner be appointed in his place to continue in service to the end of his term. 7: Whenever- on application of the mayor and alder- S J Courtm men of the city of Portland, or of the commissioners of the issue writ of harbor of Portland, it shall be made to appear to the injunction. 180 CITY ORDINANCES. supreme judicial court at any term thereof holden in said city, or to any justice thereof out of such term time, that any person or persons are violating the provisions of an act to preserve the harbor of Portland, approved April third, eighteen hundred and fifty-six, [sections 4, 5, and 6 above] such court or justice may forthwith issue a writ May on hearing of injunction to stay all proceedings adjudged to be in viodissolve, continue or make lation of said act until further order, and may on a hearinJtunction per- ing, dissolve, continue or make such injunction perpetual Costs of injnnc- aS justice may require, and may adjudge that the person tionebywhom or persons so violating the law shall pay all costs and to be paid. Act. 1858, chap. expenses of such proceedings, and so much thereof as shall 151. not be thus paid, shall be paid by the city of Portland. Commissioners' 8. All the powers heretofore conferred upon the compowers ex- missioners of the harbor of Portland, over the receiving tended. basins and reservoirs of said harbor, are hereby extended over the tidal waters southerly and easterly of the lines of said harbor, so far as the jurisdiction of this State extends, including all channels and entrances into said harbor; and all acts forbidden to be done within the bounds of said basins and reservoirs, are forbidden to -be done within the bounds, Restrictions and penalties. herein designated, under the like restrictions and penalties lb. chap. 161, and with like modes of redress as provided by the former ~ 1. and present acts. compensation 9. The commissioners shall be entitled to receive from of commissionermmis.ion- the city of Portland a reasonable compensation for all serSt., 1856, chap. vices actually performed. 654, ~ 7. ORDINANCES. 1. There shall be elected annually, on the second MonHarbor master tobeappoint- day of the month of March, or as soon thereafter as may edl. be, by the city council in convention, an able and discreet person, to be styled the harbor master, who shall hold said office until removed, or a successor appointed; To be sworn. and he shall be sworn to the faithful performance of his Compensation. duty. He shall receive such compensation for his services as the city council shall establish, and shall be removed at HARBOR. 181 their pleasure; and in case said office shall be vacant at Ord., March 29, 1850,and re-enany time, such vacancy shall be filled forthwith, in the acted in Rev. manner prescribed. Ord., 1855. 2. It shall be the duty of the harbor master to take Duties of Harcharge and see to the preservation of the harbor, within bor master. the limits of the city of Portland, and extending to low water mark on the shore of Cape Elizabeth, and to enforce all such rules and regulations as may be ordained or ordered by the city council or mayor and aldermen from time to time, with reference thereto, and to collect all penalties that may be incurred by a violation of the same. 3. No person shall throw or deposit, or cause to be Stones, &c.,not thrown or deposited, in said harbor, any stones, gravel, ito bethrown cinders, ashes, dirt, mud, or other substance which may in any respect tend to injure the navigation thereof. And any person violating the foregoing provisions of this section, shall for each offense be liable to a penalty of fifty dollars. 4. The following rules are adopted for the regulation Rulesforreguand management of vessels in said harbor, viz: lation and management I. All of said harbor west of what is called Hog of vessels. Island Roads, shall be denominated the upper harbor, and all vessels in said upper harbor shall be anchored according to the direction of the harbor master. II. All vessels entering the upper harbor, not intended to be hauled to some wharf immediately, shall be anchored on the south side of a line ranging with the red buoy, the Adams house, so called, on York street, at the foot of State street, and a staff on a gable roofed building on Robinson's wharf, up to abreast of the end of Main wharf, and from thence, on both sides of the channel to Portland bridge. III. Outward bound vessels shall be anchored, between the first day of the months of May and November, north of a line ranging from the end of Atlantic depot wharf, to Little Hog Island; and between the first day of the months of November and May, north of a line ranging As amended by from the easterly corner of the coal-wharf of the Ocean rd9' Dec. 16, 182 CITY ORDINANCES. Steam Navigation Company, to the westerly corner of the fort on Hog Island Ledge. IV. No vessel, either inward or outward bound, shall be anchored in the channel of the harbor, or the channel to the Great Eastern wharves. v. All vessels lying at anchor more than seven days, with their inward cargo on board, shall rig in their jibbooms, and keep them in while so remaining at anchor. vI. No vessel shall be allowed to lay at the end of any wharf, or in any dock, in such manner as to obstruct the free passage of other vessels coming in or going out, or being hauled from one wharf to another. VII. All vessels at anchor in the harbor, shall keep a clear and distinct light suspended at least six feet above the deck, during the night. vIII. No vessel shall, under any circumstances, be anchored in the track of the Ferry Boat, or so as to obstruct the passage of steamers to and from their respective'places of landing. Penalty for vio- 5. If any of the preceding rules shall be violated, the lation of pre- master or owner of the vessel, by means of which said ceding rules. violation shall occur, shall for each offense be subject to a penalty of twenty dollars. Vessels anchor- 6. If any vessel shall be anchored contrary to any of edcontrary to the rules prescribed in the preceding section, the harbor rules. Notice to be given to master shall forthwith give notice to the master or owner master, &c., of thereof, to remove said vessel at once; and if the same vessel. is not done without delay, or in case there is not a sufficient crew on board for that purpose, the harbor Vessel to be re- master shall cause such vessel to be removed at the expense moved at own- of the owner or master thereof. And if the master or er's expense. owner shall neglect or refuse to pay said expense on Penalties. demand being made therefor by the harbor master, he shall be liable to a penalty of double the amount of such expense, in addition to the penalty provided in the preceding section. HAWKERS AND PEDLERS. STATUTES. 1. Pedling forbidden, except by license, under penalty. 2. County commissioners may license. 3. License to be exhibited when required; penalty for refusing. 4. Penalties, how recoverable. 5. Provision respecting carriages. 6. Disabled soldiers of the State exempt from license fees. 7. County commissioners to furnish blank licenses signed by them to clerk of courts. 8. Clerks to pay money received for licenses to State treasurer. STATUTES. 1. No person, except as hereinafter provided, shall travel from town to town, or place to place, in any town Pedling forbidden, except by in this State, on foot, or by any kind of land or water license, under conveyance whatsoever, carrying for sale, or offering for penalty. sale, any goods, wares or merchandise, whole or by sam- Act, 1866, chap. ple, under a penalty of not less than fifty nor more than two hundred dollars, and the forfeiture of all property thus unlawfully carried. But nothing in this act shall be construed as conflicting with the right of any commission merchant, or commercial broker, in any town or city in which he resides, from traveling from place to place in such town or city, and selling or offering to sell by sample or otherwise, any goods, wares or merchandise. 2. The county commissioners may license for the County conpurposes aforesaid, any person who proves to their satis- missioners may license. faction that he sustains a good moral character, and has Ib. ~ 2. 184 CITY ORDINANCES. been five years a citizen of the United States, and such licenses shall expire one year from their date, and shall not be transferable; and the person receiving such license shall pay therefor to the county treasurers, if he is to sell or offer to sell by retail, ten dollars; if by wholesale, twenty-five dollars; and said county treasurers shall pay all moneys received by them for such licenses into the treasury of the State; but nothing herein shall prevent any citizen of this State from selling any fish, fruit, provisions, farming utensils or other articles lawfully raised or manufactured in this State. License to be 3. Every person who receives a license under this exhibited to act, shall exhibit it at all times when required by any magistrates, &c., when re- trial justice, constable or other peace officer, and upon quired; and refusal, he shall forfeit the sum of fifty dollars; and the penalty fox refusal. carriages, goods, wares and merchandise of such person, which he is then and there employing under such license, Seizure and upon complaint before any justice of a police or municipal sale of carriages, goods, court, or any trial justice in said county, may be seized &c. may be under his warrant, and detained in the custody of the made upon complaint and officer until payment of said penalty or the discharge of conviction. the accused; and in case. of his conviction, if said property lb. ~ 3. is not redeemed within twenty days thereafter, it shall be forfeited, and may be sold as if taken on execution, and the net proceeds distributed as hereinafter provided. 4. All penalties and forfeitures herein provided, may Penalties and - forfeitures, be recovered by indictment, or by action of debt, in the blow recovera- name of the prosecutor, one-half to the use of the town whose use ac- where the offence is committed, and the other to the use cruing. of the person prosecuting therefor; and any trial justice or justice of police or municipal court, upon complaint for Arrests author- ai violation of this act, may issue his warrant and cause ized, and recognizance for the arrest of the accused and the seizure of the property appearance be- alleged to be forfeited, and if upon examination he shall fore S. J. C. required. find there is probable cause to believe that the person charged is guilty, he may order him to recognize with HAWKERS AND PEDLERS. 185 sufficient sureties, to appear before the next supreme judicial court for said county, and in default thereof may Commnitment commit him, and may order the detention of said property fault, and detention, forby the officer in whose custody it is, until trial in said fiture and sale court, and in cases of conviction said property shall be of property. decreed forfeited to the uses aforesaid, and shall be sold lb. ~ 4. as if taken on execution. 5. Every person licensed shall have painted on some Provisionreconspicuous place on every carriage employed by him, in specting carriages. letters at least one inch wide, his name and the words, Ib. ~5. LICENSED BY C. C. 6. No charge shall be made for the licenses prtvided Disabled soldiers of this for in this act, to any soldier of this State, disabled in the state exemptservice during the recent war for the suppression of the ed from license fees. rebellion. Ib. ~ 7. 7. It shall be the duty of the county commissioners of County cornmthe several counties of this State to furnish the clerks of missioners to furnish blank the several courts with a sufficient number of blank licenses signed licenses signed by the board, or a majority of them, to by them to clerk of courts. meet all calls for licenses to peddle under the provisions Act, 1867, chap. of this act, which licenses, so signed, shall be charged to 120, ~ 1. the clerks, who shall be held to account for licenses issued once in three months. 8. All moneys paid for licenses under this act, shall clerkstopay be received by the clerks of courts, who shall pay over money received for licenses to the state treasurer, or deposit the same in the nearest to State treaebank where State funds are deposited, or such other place rer. as may be mutually agreed on between the clerks and lb. ~2. the treasurer of State, once in three months, except fifty cents for each and every license, taking receipts therefor, which receipts shall be received by the commissioners as payments for licenses signed by them; and all copies found in the hands of clerks at the expiration of three months, together with fifty cents for each license issued and recorded, shall be credited to such clerks. 186 CITY ORDINANCES. HAY. STATUTES. 1. Pressed hay in bundles to be branded; unless branded,forfeited. 2. How bales may be secured by boards. 3. Penalty for taking pressed hay on board vessels not branded. ORDINANCES. 1. Weighers of hay to be chosen. Their duty. Bonds to be given. Compensation. 2. Hay or straw not to be sold, unless weighed. 3. Weighing hay without authority. Penalty. 4. Fees for weighing. 5. Hay pressed, &c., need not be weighed. STATUTES. 1. All hay, pressed and put up in bundles for sale in Pressed hay in bundles, to this State, shall be branded on the bands or boards enclosbe branded;d ing it with the first letter of the christian and the whole of unless brand- n ed, forfeited, the surname of the person putting up the same, and with &c. the name of the State and of the place where such person R. S., chap. 38, lives; and all pressed hay offered for sale or shipping, not thus branded, shall be forfeited, one-half to the use of the town where the offense is committed, and the other half to the person libeling the same. How bales may 2. Every bale of screwed or pressed hay may have be secured four pieces of seasoned board not more than four inches with boards, &o. wide or one inch thick to keep the hay in place; on one lb. ~ 36. of which, or on one of the bands, shall be marked the HAY. 187 weight of the bale; and no sworn weigher of hay shall purchase any hay, but what is necessary for his own use. 3. If the master of any vessel takes on board pressed Penalty for master of yeshay not branded as aforesaid, he shall forfeit two dollars sel taking hay not branded. for each bundle so received. lb. ~ 37. ORDINANCES. 1. There shall be chosen annually, on the second MonWeighers of day of the month of March, or as soon thereafter as may hay to be chosbe, by the city council, one or more weighers of hay, en. Their duty. who shall have the care and control of the city hay scales, and whose duty it shall be to weigh all hay and straw brought into the city of Portland for sale, and such other articles as may be offered to be weighed. They shall Bond,to be give bonds to the city in such sum as the mayor and given. aldermen may require, for the faithful performance of their duty, and shall conform to such regulations as may from time to time be adopted by the city council, and shall Compensation. receive such compensation as they shall deem just and Ord., Jan. 2, reasonable, to be paid out of the monies received as fees s865, ~ 1. for weighing hay and other articles. 2. No person shall sell or offer for sale any hay or Hay or straw not to be sold straw without having the same weighed by the city without being weigher of hay, and a ticket signed by said weigher certi- weighed. Penalty. fying the quantity each load, bale or parcel contains, on penalty of forfeiting the hay or straw so sold or offered Ib. ~ 2. for sale to the use of the city; or the owner or driver of such hay or straw shall forfeit and pay, to the use of the city, a sum not less than five dollars for each load of hay or straw sold or offered for sale without having complied with the provisions of this ordinance, at the discretion of the court before whom such case may be tried. 3. Any person not authorized as a weigher of hay in Weighing hay without auaccordance with the provisions of the first section of this thority. ordinance, who shall weigh any hay or straw brought into this city for sale, or shall permit or allow such hay or 188 CITY ORDINANCES. Penalty. straw to be weighed upon any scales belonging to him or lb. ~ 3. them, shall forfeit and pay a sum not exceeding twenty dollars to the use of the city. Fees for weigh- 4. The weigher of hay shall be allowed to demand and ing. receive from any person offering any hay, straw, or other Ib. ~ 4. article to be weighed upon the city hay scales, the sum of thirty cents for each load or other article so weighed, which sum shall include the weighing of the cart, wagon or other vehicle upon which a load has been weighed by said weigher. Hay pressed 5. The provisions of this ordinance shall not apply to and in bundles hay pressed and put up in bundles or bales, as required weighed. by law, intended for shipment or for sale without being lbb ~ 5. re-weighed in this city. HEALTH. STATUTES. CONTAGIOUS DISEASES, 1. Precautions against infected persons; duty of municipal officers, 2. Precautions against persons arriving from infected places. 3. Restrictions on such persons; may be removed if refractory; penalty if they return. 4. Precautions authorized in border towns. 5. Process for removal or separate accommodation of infected persons. 6, 7. Process for securing infected articles. 8. Powers of officers in executing such process, 9. Expenses, how paid. 10. Compensation for men or property impressed. 11. Adjournment of courts because of danger from infection. 12. Removal of infected prisoners from places of confinement. 13. Order for removal, how returned. Such a removal not uar escape. 14. Health committee, how chosen; their duties, 15. If no committee chosen, selectmen to perform the duties, 16. MIay order removal of private nuisances; proceedings thereon, 17. Masters, &c., of vessels may be examined on oath in certain cases. 18. Vessels with infected persons to anchor at a distance fionm towns. 19. Penalty for violation of this provision, 20. Selectmen may establish quarantine regulations, Penalty for breach thereof. 21. Duty of pilots to give notice thereof, 22. Punishment for violation or evasion of quarantine, after notice. 23. Selectmen to furnish signals, to be kept hoisted by master. Restriction of persons visiting vessels at quarantine. 190 CITY ORDINANCES. 24. Health committee may exercise authority of selectmen relating to quarantine. 25. Quarantine expenses, how paid. 26. Hospitals may be established. Restrictions as to location thereof. 27. Restrictions on inoculation with the small pox. 28. Physicians and others liable to hospital regulations. 29. Hospitals to be provided on breaking out of infectious diseases; regulations. 30. Precautions to prevent the spread of such diseases. 31. Penalty for violation of hospital regulations by persons subject thereto. 32. Householders and physicians to give notice of infectious diseases under their care. 33. Forfeitures, how recovered and appropriated. 34. Towns may choose a board of health; their powers and duties. 35. Vaccination may be at the expense of towns and plantations. 36. By-laws may be established. UNWHOLESOME PROVISIONS AND DRINKS. 37. Selling unwholesome provisions and drinks, &c. 38. Fresh meat and fish, sale of, regulated. 39. Penalties. CONTAGIOUS DISEASES AMONG CATTLE. ~0. Infected cattle to be isolated. Maintenance. Owners must isolate them, when. 41. Animals to be examined. May be killed, when. 42. Cattle killed to be appraised. 43. Further powers to city officers. 44. Passage of animals, how regulated. 45. Regulations to be recorded and published. 46. Sale of infected animals prohibited. Penalty. 47. Disobedience of orders of mayor, &c., how punished. 48. Knowledge, &c., of disease to be reported. Failure, how punished. 49. Neglect, &c., of officers, penalty for. 50. Appraisals, how made; to whom certified. 51. Further powers of cities. Amount of appraisal, how paid. Owner dissatisfied, his remedy. Amount to be reimbursed. 52. Notice to governor, &c. 53. Commissioners may be appointed; powers of, &c. 64. Regulations by commissioners to supercede others. Municipal authorities to enforce directions of commissioners. HEALTH. 191 ORDINANCES. 1. Mayor and aldermen constitute board of health. 2. City marshal to execute health laws. 3. City and consulting physicians. 4. Duty of city physicians. 5. " " consulting physicians. 6. No filth to be thrown in streets. 7. Penalty. 8. Who may remove filth. 9. Neglect to remove nuisances after notice. 10. Penalty. 11. Vaults, &c., restriction upon erection. Proviso. 12. Regulations as to cleansing vaults, &c. 13. Restrictions as to conveying contents of vaults; to be conveyed without city limits. 14. Fresh fish, where sold. 15. Same subject. 16. Offensive substances not to be thrown into wells. 17. Unwholesome provisions not to be sold. 18. Regulations respecting hog-sties. Penalty. 19. House offal. 20. City cart to collect offal. 21. Mayor and aldermen to appoint-person to have charge of cart. 22. Offal to be delivered to person appointed. Penalty. 23. No other person to collect offal. Penalty. 24. Vaults, &c., in unhealthy condition to be cleansed. 25. Persons in tenements, where too numerous, or unprovided with vaults, may be removed. Penalty. 26. Hides or leather not to be exposed in streets. Penalty. INTERMENT OF THE DEAD. 27. Superintendent of burials. Authority. Subject to regulations of mayor and aldermen. 28. Superintendent to be chosen annually. To give bonds and be sworn. 29. His duties. 30. Superintendent to have care of funeral cars. 31. Undertakers to be appointed and licensed. May employ porters. May be removed. Penalty for acting as undertakers without license. 32. No interments to be made without license. What time interments may to be made. 33. Undertaker's fees. 34. Depth of graves. 192 CITY ORDINANCES. 35. No body of deceased person to be removed out of city for interment without permission. Superintendent to attend to removal. 36. Undertakers to make returns. 37. Bodies not to be removed from graves without permit. 38. " when to be removed from city tomb. 39. Superintendent to remove bodies. 40. Bodies not to be intered in city cemeteries, except, &c. 41. Mayor and aldermen may close tombs. 42. " " may make regulations respecting interments. 43. Penalties. STATUTES. CONTAGIOUS DISEASES. 1. When any person is, or has recently been infected Precautions against infect- with any disease or sickness dangerous to the public ed persons. health, the municipal officers of the town where he is, shall I S. chap1 provide for the safety of the inhabitants, as they think best, by removing him to a.separate house, if it can be done without great danger. to his health, and by providing nurses and other assistants and necessaries, at his charge or that of his parent or master, if able, otherwise, that of the town to which he belongs. Precautions 2. When any infectious or malignant distemper is against per- known to exist in any place out of the State, the municipal sons arriving frominfected officers of any town in the State, by giving public notice places. therein, as they find convenient, may require any person lb. ~ 2. coming from such place to inform one of them or the town clerk of their arrival and from what place; and if he does not, within two hours after his arrival, or after actual notice of such requirement, give such information, he shall forfeit one hundred dollars to the use of the town. Restrictions on 3. Said officers may prohibit a person, required to such persons; give such information, from going to any part of their may be removed if refrac- town where they think his presence would be unsafe for tory. the inhabitants; and if he does not comply, they may order him, unless disabled by sickness, forthwith to leave HEALTH. 1 the State in the manner and by the road they direct; and if he neglects or refuses so to do, any justice of the peace in the county, on complaint of either of said officers, may issue his warrant to any proper officer or other person named therein, and cause him to be removed out of the State; and if during the prevalence of such distemper, in Pealt if th the place where he resides, he returns to any town in this return. State without the license of the municipal officers thereof, lb. ~ 3. he shall forfeit not exceeding four hundred dollars. 4. The municipal officers of any town near to or Precautions anadjoining the line of the State, may appoint, by writing tlhorized in zn ~r""-) border towns. under their hinds, suitable persons to attend at any places lb. ~ 4. by which travelers may pass into such town from infected places in other States or Provinces, who may examine such passengers, as they suspect of bringing with them any infection dangerous to the pullic health, and if need be, may restrain them from traveling until licensed thereto by a justice of the peace in the county, or one of said officers; and any such passenger who without such license travels in this State, except to return by the most direct way to the State or Province whence he came, after he has been'cautioned to depart by the persons so appointed, shall forfeit not exceeding one hundred dollars. 5. Any two justices of the peace may issue a warrant, Process for directed to a proper officer, requiring him to remove any removal oa person infected with contagious sickness, under the direc- comniodatioi of infected tion of the municipal officers of the town where he is; or persons. to impress and take up convenient houses, lodgings, nurses, lb. ~ 5. attendants, and other necessaries for the accommodation, safety and relief of the sick. 6. When, on the application of the municipal officers of Process for sea town, it appears to any justice of the peace that there is curing infected just cause to suspect that any baggage, clothing, or goods Ib. ~6. of any kind within such town, are infected with any malignant contagious distemper, by a warrant directed to a proper officer, he shall require him to impress so many 13 194 CITY ORDINANCES. men, as the justice thinks necessary, to secure such infected articles, and to post said men as a guard over the house or place where the articles are lodged, who shall prevent any person's removing or coming near such articles, until due inquiry is made into the circumstances thereof. Justice may by 7. He may by the same warrant, if it appears to him quire officers necessary, require said officers, under the direction of the to causetllem municipal officers, to impress and take up convenient to be removed to suitable houses or stores for the safe keeping of such infected places. articles, and cause them to be removed thereto, or otherlb. ~7. wise detained, until the municipal officers think they are free from infection. Powers of offi- 8. Said officers, if need be, may break open any house, cers in execut- shop, or other place mentioned in the warrant where ing such process. infected articles are, and require such aid as is necessary Ib. ~ 8. to execute it; and all persons at the command of either of said officers, under a penalty of not exceeding ten dollars, shall assist in such execution. Expenses, how 9. The charges of securing such infected articles and paid. of transporting and purifying them shall be paid by the lb. ~ 9. owners thereof, at the price determined by the municipal officers. Compensation 10. When the officer impresses or takes up any houses, for opmen or stores lodging, or other necessaries, or impresses any man, pressed. as herein provided, the parties interested shall have a just lb. ~ 10. compensation therefor, to be paid by the town in which such persons or property were impressed. Adjournment 11. When a malignant infectious distemper prevails of courts be- in any town wherein the supreme judicial court or court cause of danger from in- of county commissioners is to be held, said courts may be fection. adjourned and held in any town in said county, by prolb. ~ 11. clamation made in such public manner as the courts judge best, as near their usual place of meeting as they think safety permits. HEALTH. 195 12. When any person in a jail, house of correction, or Removal of inworkhouse, is attacked with any disease, which the mnuni- fectedprisoners from places cipal officers of his town, by medical advice, consider ofconfinement. dangerous to the safety and health of other prisoners, or lb. ~12. of the inhabitants of the town, they shall, by their order in writing, direct his removal to some place of safety, there to be'securely kept and provided for until their further order; and if he recovers from such disease, he shall be returned to his place of confinement. 13. If he was committed by order of a court or under Order for removal, how a judicial process, the order for his removal, or a copy returned. thereof attested by the municipal officers, shall be returned Such removal not an escape. by them with the doings thereon into the office of the clerk lb. ~ 13. of the court from which such order or process was issued. No such removal shall be deemed an escape. 14. A town at its annual meeting, may choose a health Health committee, how choscommittee of not less than three nor more than nine, or en; their dcone person to be a health officer; who shall remove, at ties. the expense of their town, all filth found in any place lb. ~ 14. therein, which, in their judgment, endangers the lives or health of any inhabitant; and require the owner or occupant, when they think necessary, to remove or discontinue any drain or other source of filth. 15. If any town, at its annual meeting, omits to choose If no committee chosen, selectsuch committee or officer, the municipal officers shall be a mentoperform health committee, and have all their powers and perform the duties. lb. ~ 15. all their duties. 16. When any source of filth, or other cause of sick- May order reness, is found on private property, the owner or occupant movalofprithereof shall, within twenty-four hours after notice from ces; proceedthe said committee or officer, at his own expense, remove ings thereon. Or discontinue it; and if he neglects or unreasonably lb. ~ 16. delays to do so, he shall forfeit not exceeding one hundred dollars; and said committee or officer shall cause said nuisance to be removed or discontinued; and all expenses thereof shall be repaid to the town by such owner or occupant, or by the person who caused or permitted it. 196 CITY ORDINANCES. Masters, &c., of 17. If a master, seaman, or passenger of a vessel, in vessels may be which there is any infection, or has lately been, or is examined on oath in certain suspected to have been, or which has come from a port cases. slbe. ~; where any infectious distemper prevails, dangerous to the public health, refuses to answer, on oath, such questions as are asked him relating to such infection or distemper, by the municipal officers of the town to which such vessel comes, which oath either of said officers may administer, he shall forfeit not exceeding two hundred dollars, or be imprisoned not more than six months. Vessels with 18. When a vessel arrives at a port in this State, sonfeteo anper- having on board any person infected with a malignant sons to anchor at a distance disease, the master, commander, or pilot thereof shall from towns. lb. ~ 18. anchor it at some convenient place below the town of such port, at a distance safe for the inhabitants thereof and the persons on board other vessels in the port; and no person or thing on board shall be brought on shore, until the municipal officers give their written permit therefor. Penalty for vio- 19. For the wilful violation of the provisions of the provision, preceding section, such master or commander shall forfeit lb. ~ 19. not exceeding two hundred, and the pilot not exceeding fifty dollars for each offense. Selectmen may 20. The municipal officers of a seaport town may cause establish quar- any vessel arriving there to perform quarantine at such antine regulations. place and under such regulations as they may judge expePenalty for dient, when they think the safety of the inhabitants requires breach thereof. it; and whoever neglects or refuses to obey such orders Ib. ~ 20. and regulations, shall forfeit not exceeding five hundred dollars, or be imprisoned not exceeding six months. Duty of pilots 21. When such officers of a seaport town think it to give lotice necessary to order all vessels, arrivinog there from any thereof. particular port or ports, to perform quarantine, they shall give notice thereof to the pilots of their port; who shall make it known to the *master of all vessels which they board. If any pilot neglects to do so, or contrary thereto pilots any vessel up to said seaport town, he shall forfeit not exceeding one hundred dollars. HEALTH. 197 22. When the master or commander of a vessel takes Punishment for it up to any seaport town, after notice that a quarantine aioltsion or has been so directed for all vessels coming from the port quarantine, after notice. or place whence his vessel sailed, or by false declarations, or otherwise, fraudulently attempts to elude such directions ~ 22 or lands or suffers to be landed from his vessel any person or thing, without permission of the municipal officers, he shall be punished as provided in section twenty. 23. The municipal officers of every seaport town Selectmen to requiring vessels to perform quarantine shall provide, at furnish signals. the expense of such town, a suitable number of red flags at least three yards in length; and the master of every vessel ordered to perform quarantine shall cause one of them to be continually kept, during the term thereof, at the head of the mainmast of his vessel; and no person shall go on board such vessel during said term unless by permission of said officers; if he does, he shall be there- Restrictions of after held liable to the same regulations and restrictions as persons vessels at those belonging to said vessel; and shall there be detained quarantine. by force, if necessary, until duly discharged by said lb. ~23. officers. Health com24. In every seaport town where there is a health mittee may exercise aucommittee or officer, he may perform all the duties and thority oselectmen, relatexercise all the authority of the municipal officers in requir- ing to quarantine. ing vessels to perform quarantine. lb. ~ 24. 25. All expenses incurred on account of any person, Quarantine vessel, or goods, under quarantine regulations, shall be expenses, how paid. paid by him, or the owner of the vessel, or goods, as the lb. ~ 25. case may be. 26. A town may establish therein one or more hospit- Hospitals may als for the reception of persons having the small pox or be established. other disease dangerous to the public health; or its municipal officers may license any building therein as a hospital, to be under the control of said officers; but no such hospital Restrictions as shall be within one hundred rods of an inhabited dwelling to location. house in an adjoining town without the consent of its lb. ~ 26. municipal officers. 198 CITY ORDINANCES. Restrictions on 27. If any person inoculates himself or any other perinoculation with the smlall son, or suffers himself to be inoculated with the small pox, 2po. unless at some lawful hospital, he shall forfeit not exceeding one hundred dollars for each offense. Physicians and 28. When a hospital is so established or licensed, the hospital reuto physician, the persons inoculated or sick therein, the lations. nurses, attendants, and all persons who come within its lb. ~ 28. limits, and all furniture or other articles used or brought there, shall be subject to the regulations made by the municipal officers. Hospitals to be 29. When the small pox or any other disease dangerprovided on OUS to the public health breaks out in a town, the municipal breaking out of infectious officers shall immediately provide such hospital or place seoss; regu- of reception for the sick and infected, as they judge best lb. ~ 29. for the accommodation and safety of the inhabitants; and such hospitals and places shall be subject to their regulations the same as established hospitals; and they shall cause such sick and infected to be removed thereto, unless their condition will not admit of it without imminent danger; in that case, the house or place where the sick is, shall be deemed a hospital for every purpose aforesaid; and all persons residing in or in any way concerned with it shall be subject to hospital regulations. Precaution-s to 30. When any disease dangerous to the public health prevent the exists in a town, the municipal officers shall use all possispread of such diseases. ble care to prevent its spread and to give public notice of 28 Maine, 255. infected places to travelers, by displaying red flags at lb. ~ 30. proper distances, and by all other means most effectual, in their judgment, for the common safety. Penalty for vio- 31. If any physician or other person in such hospitals lation of hos- or places of reception, attending, approaching, or concernpital regulations by per- ed therewith, violates any lawful regulation in relation thernetoct thereto, with respect to himself or his or another's property, lb. ~ 31. he shall forfeit not less than ten, nor more than one hundred dollars, for each offense. HEALTH. 199 32. When a householder or physician knows that a Householders and physicians person under his care is taken sick of any such disease, to give notice he shall immediately give notice thereof to the municipal of ifsecstiouser officers of the town where such person is; and if he their care. neglects it he shall forfeit not less than ten, nor more than lb. ~ 32. thirty dollars. 33. All forfeitures mentioned in the preceding sections, Forfeiture, how recovered and except otherwise provided, shall inure to the use of the appropriated. town where the offense is committed. lb. ~ 33. 34. A town may choose a board of health of not less Towns may choose a board than three nor more than nine persons, who shall have all of health; the powers, and be subject to all the duties, restrictions, their powers. liabilities, and penalties of the municipal officers, and lb. ~34. health committee or officer. 35. A town may provide for the inoculation of its Vaccination may be at the inhabitants with the cow pox, under the direction and expense of control of the health committee, health officer, or board of towns and plantations. health; and raise all necessary sums to defray the expense lb. ~ 3a. thereof, or such part as they may think proper. 36. Towns may establish by-laws for the preservation By-lawsmaybe established. of health, and for protection against infectious diseases. lb. ~ 36. UNWHOLSOME PROVISIONS AND DRINKS. 37. Whoever sells any diseased, corrupted, or unwhole- Selling unsome provision for food or drink, knowing it to be such, wholesome provisions and without informing the buyer; or fraudulently adulterates, drinks. Penalfor the purpose of sale, any substance intended for food, ye for selling or any wine, spirits, or other liquors intended for drink, less than four so as to render them injurious to health, shall be punished.., c.28, R. S., chap. 128, by imprisonment not more than five years, or by fine not ~ 1 exceeding one thousand dollars; and whoever knowingly sells or offers for sale as food any veal killed before the calf was four weeks old, without informing the buyer, shall be punished by a fine of not more than twenty dollars, or by imprisonment not more than thirty days. 200 CITY ORDINANCES. SALE OF MEATS AND FISH. Fresh meat and 38. Any city in this State shall have power to regulate fish, cities lave the sale of fresh meat and fish within its limits; and may power to regulatesale of,&c. ordain and establish a locality or localities, where said Act, Feb. 26, articles may be offered for sale. 1862, ~ 1. 39. Such city may annex penalties for the breach of Penalties. the provisions of any ordinance established to carry out lb. ~ 2. the provisions of the preceding section. CONTAGIOUS DISEASES AMONG CATTLE. Cattle infected 40. The mayor and aldermen of cities, in case of the by contagious existence in this State of the disease called lung murrain disease to be isolated. or pleuro pneumonia, or any other contagious disease among Act, March 19, cattle, shall cause the cattle in their respective cities which 1862, ~ I. are infected, or which have been exposed to infection, to be secured or collected in some suitable place or places, within such city, and kept isolated; and when taken from Maintenance. the possession of their owners, to be maintained, one-fifth to be paid by the city wherein the animal is kept, and four-fifths at the expense of the State; such isolation to continue so lono as the existence of such disease or other Owners may be circumstances renders the same necessary, or they may, directed to at their discretion, direct the owners thereof to isolate isolate infected cattle. such cattle upon their own premises, and any damage or loss sustained thereby shall be paid as aforesaid. Animals to be 41. The mayor and aldermen shall, within twentyexamined. four hours after they have notice of the existence of such [lb. ~ 2. disease, or have reason to believe it exists, cause the susIlnfected cattle pected animals to be examined by a veterinary surgeon or ay be killed physician, by them selected, and if the same be adjudged if necessary. to be diseased, they may, at their discretion, order them to be forthwith killed and buried at the expense of such city. 42. The mayor and aldermen shall cause all cattle which they shall so order, to be killed, to be appraised HEALTH. 201 by three competent and disinterested men, under oath, at Cattle killed to be appraised. the value thereof at the time of appraisal, and the amount lb. ~ 3. of appraisal shall be paid as above provided. 43. Said mayor and aldermen are authorized to pro- Further powers hibit the departure of cattle from any enclosure, or to to city officers. exclude -cattle therefrom. 44. Said mayor and aldermen may make regulations Passage of aniin writing to regulate or prohibit the passage from, to or nials, how regn n ulated. through their respective cities or from place to place b. ~ 5. within the same, of any neat cattle, and may arrest and detain, at the cost of the owners thereof, all cattle found passing in violation of such regulations, and may take all other necessary measures for the enforcement of such prohibition, and also for preventing the spread of any such disease among the cattle in their respective towns and cities, and the immediate vicinity thereof. 45. The regulations made by mayor and aldermen in Regulations to pursuance of the foregoing section shall be recorded upon be recorded and published. the records of their cities respectively, and shall be pub- b. ~ 6 lished in such cities in such manner as may be provided in such regulations. 46. Any person who shall sell or dispose of any animal Sale of infected animals prowhich is infected or known to have been exposed to infec- hibited. tion within one year after such exposure without the lb. ~ 7. knowledge and consent of said mayor and aldermen, shall be punished by fine not exceeding five hundred dollars or Penalty. by imprisonment not exceeding one year. 47. Any person disobeying the orders of the mayor Disobedience of and aldermen, made in conformity with the fourth section orders of mayor and alderof this act or driving or transporting any neat cattle men. contrary to the regulations made, recorded and published lb. ~ s. as aforesaid, shall be punished by fine not exceeding — how punishfive hundred dollars or by imprisonment not exceeding ed. one year. 48. Whoever knows or has reason to suspect the Knowledge or suspicion of existence of any fatal, contagious disease among the cattle disease to be in his possession or under his care, shall forthwith give b.P ~9. 202 CITY ORDINANCES. notice to the mayor and aldermen of the city where such Failure, how cattle may be kept, and for failure so to do, shall be punished. punished by a fine not exceeding five hundred dollars or by imprisonment'not exceeding one year. Neglect or re- 49. Any city whose officers shall neglect or refuse fusal of city officers to to carry into effect the provisions of sections one, two, comply. three, four, five, six and seven, shall forfeit a sum not lb. ~ 10. -penalty for. exceeding five hundred dollars fo' each day's neglect. Appraisals how 50. All appraisals made under the provisions of this made. act shall be in writing and signed by the appraisers, and lb. ~11. b p the same shall be certified to the governor and council — to whom cerfied. and to the treasurer of the cities wherein the cattle appraised belong, by the mayors and aldermen respectively. 51. The mayor and aldermen are authorized, when in Further powers of cities. their judgment it shall be necessary to carry into effect Ib. ~ 12. the purposes of this act, to take and hold possession for a term not exceeding one year within their respective cities, of any land, without buildings other than barns thereon, upon which it may be necessary to enclose and isolate any cattle; and they shall cause the damages sustained by the owners in consequence of such taking and holding, to be appraised by the assessors of the city wherein the land so taken is situated, and they shall further cause a description of such land, setting forth the boundaries thereof, and the area as nearly as may be estimated, together with such appraisal by the assessors, to be entered upon Amount ofap- the records of the city. The amount of said appraisal praisal, how shall be paid as provided in the first section, in such sums and at such times as the mayor and aldermen respectively may order. If the owner of any land so Owner dissatis- taken shall be dissatisfied with the appraisal of said fiItainy assessors, he may by action of contract, recover of the fion. town or city wherein the lands lie, a fair compensation for the damages sustained by him; but no costs shall be taxed, unless the damages recovered in such action, ex HEALTH. 203 elusive of interest, exceed the appraisal of the assessors. And the State shall reimburse any city four-fifths of any Amount to be reimbursed. sum recovered of such city in any such action. 52. Whenever such disease shall exist in any city Notice to govin this State it shall be the duty of the mayor and alder- ernor and secretary of board men of such city, forthwith to give notice thereof to the of agriculture. governor and secretary of the board of agriculture; pro- Jb. ~ 13. vided, however, that if commissioners shall have been appointed as hereinafter provided, such notice shall be ioners ito cmmergiven forthwith to said commissioners. tain cases. 53. The governor is hereby authorized, whenever in his Commissioners opinion the public good requires, to appoint commission- maybeappointed. ers who shall have full power to make all necessary regu- po - powers of. lations, and to issue summary orders relative thereto, for the treatment and extirpation of any contagious disease ~ among cattle, and may direct the mayor and aldermen of cities to enforce and carry into effect all such regulations as may from time to time be made for that end; and any such officer or other person refusing or neglecting to en- -neglect or force, carry out and comply with any regulation of the commissioners shall be punished by fine not exceeding -eDw nishfive hundred dollars, or by imprisonment not exceeding one year for every such offence. 54. When said commissioners shall make and publish Regulations any regulations concerning the extirpation or treatment madeby missioners to of cattle infected with, or which have been exposed to, supersede all the disease known as lung murrain or pleuro pneumonia, others. lb. ~ 15. or other contagious disease, such regulations shall supersede the regulations made by the mayors and aldermen of cities, upon the same subject matter, and the operation of the regulations made by such mayors and aldermen shall be suspended during the time those made by the commissioners, as aforesaid, shall be in force. And said City authorities to enforce mayors and aldermen shall carry out and enforce all directions of commissionorders and directions of said commissioners to them di- ers. rected as they shall from time to time issue. 204 CITY ORDINANCES. ORDINANCES. Mayor and al- 1. The mayor and aldermen shall constitute the dermen shall board of health of the city for all purposes, and shall exconstitute the board of ercise all the powers vested in, and shall perform all the health, duties prescribed to the health committee and selectmen Rev. Ord., 1855. of towns of this State, subject only to any limitations contained in the ordinances, regulations, and orders of the city council. Execution of 2. The execution of the laws and ordinances relating health laws to the subjects of internal and external health, shall be and ordinances committed to under the superintendence of the city marshal and his city marshal. deputies, and it shall be their duty, and they and each of lb. them shall have the power, to enforce all laws, ordinances, regulations and orders relating to causes of sickness, nuisances, and sources of filth, existing within the city, within the harbor, or in any vessel within the said harbor, or on any island, subject always to the direction, authority and control of the mayor and aldermen. City physulting 3. The city council shall annually, on the second and consulting physicians. Monday in the month of March, or soon thereafter as may Ib., as amended by be, make choice of a city physician, and three consulting city charter, physicians of regular standing. ~6. pyiin Duty of city 4. It shall be the duty of the city physician to give physician, his professional attendance and services at the alms house, Rev. Ord., 1855. at the city hospital, and elsewhere, for patients under the care or at the charge of the city, whenever thereunto required by the overseers of the poor, master of the alms house, or mayor. Dutiesof con- 5. It shall be the duty of the consulting physicians sulting physi- in case of alarm of any contagious or other dangerous clans. disease occurring in the city or neighborhood, to give the Ib. mayor or to either board of the city council, all such professional advice and information as they may request, with a view to the prevention of such disease, and at all convenient times when requested, to aid and assist them with their counsel and advice in all matters that relate to the preservation of the health of the inhabitants. HEALTH. 205 6. No person shall throw or deposit, or cause to be No filth shall be thrown or deposited, in any street, court, square, lane, thrown into alley, or public place, any saw dust, soot, ashes, cinders, stre shavings, hair, shreds, manure, oyster, clam orlobster shells, lb. waste or dirty water, or any animal, vegetable or offensive matter whatever. Nor shall any person or persons throw or cast any dead animal, or any foul or offensive matter in any dock or place between the channel and the shore, nor shall land any foul or offensive animal or vegetable substance within the city, nor shall cast any dead animal in the waters of the harbor or back cove. 7. If any of the substances mentioned in the preceding section, shall be thrown or carried into any street, lane, Penalty. alley, court, square, or public place, from any house, wood-house, shop, cellar, yard, or any other place, the owner or occupant of such house or place, and the person who actually threw and carried the same therefrom, shall severally be held liable for such violation of this ordinance, and all such substances shall be removed at the expense of the owner or occupant of the house or other place, whence the same were thrown or carried, within two hours after personal notice in writing to that effect given by the mayor, any alderman, the city marshal or deputy, or any health officer, duly appointed by the city council. 8. All dirt, saw dust, soot, ashes, cinders, shavings, Filth, &c., may hair, shreds, manure, oyster, clam, or lobster shells, or Fbeol-enod by any animal or vegetable substance, or filth of any kind, orderofmaIzD t~~~~ ~~or, aldermen, in any house, warehouse, cellar, yard, or other place which or marslal. the mayor, any alderman, city marshal or deputy, or lb. health committee or officer, shall deem necessary for the health of the city to be removed, shall be carried away therefrom,by and at the expense of the owner or occupant of such house or other place where the same shall be found, and removed to such place as shall be directed, within four hours after notice in writing to that effect, given by the mayor, any alderman, city marshal, deputy, or health officer. 206 CITY ORDINANCES. 9. Whenever any person shall have been duly notified Incases ofneg- to remove any nuisance, or to perform any other act or lect to remove nuisancesafter thing which it may be his duty to perform for the prenotice. servation of the health of the city, and the time limited for the performance of such duty shall have elapsed, without a compliance with such notice, the city marshal shall forthwith cause such nuisance to be removed at the expense of the person so notified. And the mayor shall cause all persons who shall violate or disobey the health laws or regulations, to be forthwith prosecuted and punished. And if, in the opinion of the mayor and aldermen, or the city marshal, or deputy, it shall be for the health or comfort of the inhabitants of the city that any particular nuisance should be removed forthwith and without delay, it shall be their duty to cause the same to be removed accordingly. And if the said nuisance existed in violation of this ordinance, or of any of the laws, regulations, or ordinances relating to the health of the city, then the expense of removing the same shall be paid by the owner or occupant of the house or other place where the same was found, and if payment be refused on demand thereof, by the city marshal, it shall be sued for in the name of the city. 10. Any person offending against the provisions of.Penalty. the preceding sections, shall forfeit and pay not less than 1b. one dollar nor more than twenty dollars for every offense; also the sum of one dollar for every hour that the nuisances or substances mentioned in the previous sections of this ordinance are suffered to remain after due notice thereof. 11. If any person shall erect or set up, or cause to be Vaults and e privies, re- erected or set up, or shall continue any necessary or privy striction upon within nine feet of any street, lane, alley, court, square, erection. or public place, or within a like distance of any adjoining lot, dwelling house, shop, or well, or any public building, such person shall forfeit and pay five dollars, and a further HEALTH. 207 penalty of five dollars for every month the necessary or privy shall continue and so remain. Provided, that these Proviso. penalties shall not be incurred in any case where there is a necessary or privy already erected, or where one may hereafter be erected, with a vault under such necessary of the size of the same, eight feet deep, and enclosed with stone or bricks, well laid in water-proof cement. 12. No person shall open or empty a vault or privy Regulations as within the city, except by the permission of the city to clelnsing marshal in writing, as is hereinafter ordered. When valts and privies. the surface of the contents of the vault of any privy shall lb. be within twelve inches of the surface of the ground, the owner or occupant shall apply for permission to empty the same; and the city marshal shall give a permit directing the emptying of such vault, and the manner thereof. But no permit shall be given to empty the vault of a privy between the first day of July and the first day of September, unless the city marshal shall deem it necessary for the health or comfort of the inhabitants in the vicinity thereof, on inspection by himself or some other person by him appointed. 13. No vault or privy shall be opened or emptied, or Contents not to the contents, or any part thereof, conveyed into or through be conveyed any part of the city except between the hours of ten o'clock tlrogcept in the evening and sunrise, in a vessel or vehicle that is in water tight vessel. water tight and closely covered. Nor shall any vessel or vehicle containing such contents be permitted to stand in b any part of the city, except while loading, but the same shall be immediately removed to its place of destination and deposit, which place shall be without the limits of the To be conveyed city, or on the city farm, or other place remote from limtout city dwelling houses. And any person violating any of the provisions of this section, shall forfeit and pay not less than three nor more than ten dollars for each offense. 14. Fresh fish may be sold in any part of the city below high water mark; and no person shall sell fresh fish 208 CITY ORDINANCES. Fresh fish,' in any other part of the city, except as hereinafter providlwhere sold. Ord., Feb. 17, ed, under a penalty of five dollars for each offence. But SG63. the mayor and aldermen may assign places for selling the same above high water mark, under section second of chapter twenty-one of the revised statutes of 1857, or other like statutory provisions, and under such rules and regulations as said board may, from time to time, prescribe. Before, however, any place shall be so assigned, a written petition shall be presented to the board therefor, setting forth in detail the provisions proposed to be made for guarding against injury to the public health, and if the board is satisfied that such proposed arrangements are sufficient for such purpose, they shall personally inspect the premises named in the petition, and shall make no assignment until it appears to them that such provisions are secured. Whenever, in the opinion of said board, the public health requires the revoking such assignment, they shall at once revoke the same, with or without notice as they shall see fit. samen.. Nothing contained in the previous sections shall prevent any person from carrying and selling fresh fish, Rev. Ord., 1855. free from offal, in any part of the city during the year, in carts or vehicles suitably covered to preserve the fish fiom the sun, except that from the first day of June to the first day of September they shall not be carried and sold, as aforesaid, between the hours of nine A. MI. and four P. 5M. under a penalty of five dollars for each offense. Oftensive subl 16. No person shall throw, or cause to be thrown, stances not to into any well, cistern, or fountain, any stones, bricks, or be thrown into wells, part of bricks, dead animals, carrion, fish, offal, or any llb. other substance whatever, under a penalty of not less than five dollars nor more than fifty dollars. 17. No person shall knowingly sell or offer for sale Unwholesome C' provisions not within the city any unwholesome, stale or putrid articles tobe.sold' of provisions, nor any meat that has been blown, raised 1b. or stuffed, nor any measly pork, nor any diseased meat of any kind, under a penalty of not less than twenty dollars nor more than fifty dollars for each offense. HEALTH. 209 18. If any person shall erect, place, or continue Regulations reany hog-sty within one hundred feet of any street, square, specting hoglane, or alley, or of any dwelling house, such person shall Od 18 Rev. Ord., 1855. forfeit and pay for every such offense, the sum of five dollars, and the further sum of five dollars for every week during which any hog or swine shall be kept or continued in such sty. 19. All house ofal, whether consisting of animal or House offal. vegetable substances, shall be deposited in convenient vessels, and be kept in some convenient place, to be taken To be taken away. away by such person or persons as shall be appointed by the mayor and aldermen for that purpose. 20. A city cart or other suitable vehicle shall be pro- City cart to colvided and furnished with a bell to give notice of its lect offal. approach, which shall pass through all the streets, lanes Ib., as amended by Ord., and courts of the city, not less than twice in every week, May 12, 1863. to receive and carry away all such house offal as may have been accumulated in the vessels aforesaid. 21. The mayor and aldermen shall appoint, annually, Mayor and ala suitable person to take charge of the cart or other dermen to appoint person to vehicle mentioned in the preceding section, and to collect have charge of cart. and carry away the house offal accumulated as aforesaid; Rev Ord., 1855, and the person so appointed may appoint a deputy, when as amended by city charter, he may deem it necessary. 1863: 22. All persons shall promptly deliver the offal so Offal to bedeaccumulated on their premises to the person appointed as livered to person so appointaforesaid to receive the same. And if any person shall ed. neglect to provide suitable vessels for the deposit of such Rev. Ord., 1855. house offal, or shall in any way hinder or delay the person so appointed to receive it, in the performance of his duty aforesaid, he shall forfeit and pay a sum not less than two nor more than twenty dollars for each and every offense. 23. No person shall go about collecting any house No other person offal, consisting of animal or vegetable substances, or carry to collect offal. the same through any of the streets, lanes, or courts of the city, except the person appointed as aforesaid, or his 14 210 CITY ORDINANCES. Penalty. deputy, under a penalty of not less than two nor more than twenty dollars for each and every offense. Vaults and 24. Whenever any vault, privy, or drain, shall, in the iealtesy con- opinion of the mayor or health officer, by its filth or dirt, dition to be become dangerous to the health, or prejudicial to the comfort cleansed. of the citizens, the agent, occupant, or other person havIb. ing charge of the land ill which any vault, privy, or drain may be situated, the state and condition of which shall be in violation of the provisions of this ordinance, shall remove, cleanse, alter, amend, or repair the same, within a reasonable time after notice in writing to that effect, given In case of neg- by the mayor, any alderman, or the city marshal. In case lect or efusb of neglect or refitsal for the space of five days, the mayor mayor and al- and aldermen shall cause the same to be removed, cleansed, dermen at expdermense of altered, amended or repaired, as they may deem expediowner. ent, at the expense of the owner, agent, occupant, or other person, as aforesaid. 25. Whenever, upon due examination, it shall appear Mayor and al- to the mayor and aldermen that the number of persons dermen may remove per- occupying any tenement or building in the city, is so great sons from ten- as to be the cause of nuisance and sickness, and the source too numerous of filth, or that ally tenements or buildings are not furor unprovided with vaults. nished with suitable vaults, privies, or drains, they may lb. thereupon issue their notice in writing to such persons, or any of them, requiring them to remove from and (quit such tenement, or building, within such time as the mayor and aldermen shall deem reasonable. And if the person or persons so notified, or any of them, shall neglect or refuse to remove and quit, within the time mentioned in such notice? the mayor and aldermen are hereby authorized and empowered, thereupon forcibly to remove them, and to close up such tenement, and the same shall not be again occupied as a dwelling place under a penalty of not less Penalty. than fifty dollars, to be recovered of the owner or owners, if they shall have knowingly permitted the same to be occupied. HEALTH. 211 26. No person shall hang or spread, or expose in any Hides orleather street, lane, alley, court or public place, any raw, dried, Ptt, be ei tanned, or dressed skins, hides or leather, under a penalty streets. of not less than three nor more than ten dollars for each lb. offense. INTERMENT OF THE DEAD. 27. The department relative to the interment of the dead shall be placed under the control of one superintend- of burials. ent to be called the superintendent of burials, who shall lb. ex-officio be an undertaker, whose duty it shall be, and he shall have power, to carry into execution all power and Authority. authority vested in the city council relative to the interment of the dead, the establishment of the police of the cemeteries and burying grounds, and the regulations of To be subject to the regulation funerals and funeral processions, subject always to the ofmayor and authority and control of the mayor and aldermen; and it alermen To carry into shall be the duty of said superintendent to carry into effect city oreffect the ordinances of the city council and the laws of dinances, &c. the State relative thereto. 28. Said superintendent shall be appointed annually, Superintendent on the second Monday of the month of March, or as soon to be chosen thereafter as may be, by the mayor, by the advice and Ib, asamendconsent of the aldermen, and he shall hold his office for ed by city one year, and until another be chosen, unless previously charter, ~ 6 removed by the mayor, by the advice and consent as aforesaid, and in case of vacancy in said office on account of removal, death, or resignation, the mayor shall appoint a successor for the remainder of the year, and the said officer shall receive such compensation as the city council shall deem reasonable, and he shall be sworn to the faith- To be sworn. ful execution of his office, and shall give such bonds for the faithful performance of his duties, as shall be satisfactory to the mayor and aldermen. 29. It shall be the duty of said superintendent to keep the fences, walls and gates of the several burying grounds 212 CITY ORDINANCES. Duties of super- in the city in good repair, to take care that said burying intendeut of burials, grounds are well secured by locks and bolts, to designate Ib. the place, depth and widthll of every grave dug therein, to cause said graves to be (lug in exact ranges and parallel with the lines as laid out in said cemetery, and as near to each other as he may think proper, and to take care that said graves be so filled and elevated that water may not remain thereon; and he shall record in a book'to be kept for that purpose, the name, age and sex of each person interred, the family to which the deceased belonged, the disease of which he or she died, and whether resident or stranger, the time when interred, the number and range of the grave or tomb, &c., and report to the city council, in the month of February, annually, a'list of such interments during the preceding year, specifying the particulars aforesaid as recorded. Fuleralcars to 30. AnI funeral cars used in a(ld owned by the city be icare of shall be under the care of said superintendent, and shall superintenldeut. be deposited for safe keeping in places provided for that lb, purpose; and it shall be the duty of said superintendent to cause them to be kept clean and in good repair, anld he shall not permit any person to use the same, except undertakers who are duly licensed. 31. A sufficient number of undertakers shall annually, Tnclertalkers to be appointed on the second Tuesday of Aarch, or as soon thereafter as and licensed may be, be appointed and licensed by the mayor, by the by nmayor and m alderumen. advice and consent of the aldernmen, who shall hold their Ib., as amend- offices one year, or until others are appointed in their stead, ed by city charter, ~ 6. and who shall be responsible for the decent, orderly and faithful mianagement of the funerals undertaken by them, and a strict compliance with the ordinances of the city Mray employ in this behalf. Each undertaker may employ porters of porters. decent and sober character to assist him, and shall be acMaLy be remov- countable to the nmayor and aldermlen for their conduct, and ecl. said undertakers and porters shall always be removable at the pleasure of the mayor. And all persons not licensed as HEALTH. 213 undertakers as aforesaid, are hereby forbidden and pro- Undertakers not licensed, hibited from undertaking the management of any funeral, prohibited under a penalty of not less than ten nor more than twenty fsupactinh as dollars for each offense. Penalty. 32. No person shall bury or inter, or cause to be buried No interments or interred, or deposit in the city tomb, any dead body, wtobet without first having obtained a license so to do, from the superiedsuperintendent of burials, whose duty it shall be to grant t ofburials lb., as amiendthe same to any licensed undertaker. And no person shall dc by Ord., bury or inter, or cause to be buried or interred, any dead ~ 2. No interments body, at any other time of the day than between sunrise to be nade except between and sunset, except when otherwise ordered by the super- sunrseept intendent of burials. &c. 33. The undertakers shall be allowed to charge and Undertaker's receive the following fees for their services, to wit: For fees. services and interring an adult in Evergreen Cemetery, Rev. Ord., 18555 including hearse and porter's fee, seven dollars; and for a child five dollars. For interring in either cemetery in the city, including hearse and porter's fee, five dollars; and for a child four dollars. For opening church and carrying the body into the same for funeral services, an additional fee of two dollars. For taking up body from either cemetery within the city, and removing and interring the same in Evergreen Cemetery, five dollars; for every additional body taken up, removed and interred aforesaid at the same time, three dollars. For taking up and removing the body of a child to Evergreen Cemetery, three dollars and fifty cents. For services attending funeral and depositing the body of an adult in the city tomb, four dollars; for removing and interring the same in Eastern Cemetery, one dollar and fifty cents; in Western Cemetery, two dollars. For attending funeral services and depositing a child in city tomb, three dollars; for removing and interring the same in Eastern Cemetery, one dollar; in Western Cemetery, one dollar and fifty cents. 214 CITY ORDINANCES. Depth of 34. All graves for adult persons shall be dug not less graves. than five feet deep; and the depth for children shall be lb. left to the discretion of the superintendent. The corpse of every person of two years old and upwards shall be conveyed to the place of interment in a funeral car. No body to be 35. If any person shall be desirous to remove out of remoed frotm the city the body of a deceased person for interment, he city without permission of shall make application to the superintendent of burials for superintendsert. permission so to do, and said superintendent shall grant Ib. such permission if no cause shall appear for withholding the same, and shall attend to such removal in person, or Superintendent employ one of the undertakers of the city to attend to attend to reoval,. thereto; and for a permit for such removal, the superinIb., asamend- tendent shall be entitled to receive the sum of twentyed by Ord., five cents, provided that the provisions of this section shall Aug. 26, 1859. not apply to interments made in Evergreen Cemetery, Forest City Cemetery, and Calvary Cemetery. Undertakers to 36. Every undertaker shall within twenty-four hours make returns to superin- after attending the interment of any deceased person, tendent. make a return in writing to the superintendent of burials, Rev. Ord., 1855. of the name, age and sex of the deceased, the names of parents when known, date of death, whether resident or stranger, and the date and place of interment. Bodies not to be 37. No person shall remove any bodies or the remains removed with- of any bodies, from any of the graves or tombs in the city, out permit of superintend- or disturb or break up, or remove any body in any tomb or grave without special permission of the superintendent Db. of burials. Bodies in city 38. All bodies that are or may be deposited in the tomb to be reoved, except, city tomb, waiting burial in any of the cemeteries belong&-c. ing to the city, shall be removed therefrom, on or before Db. the fifteenth day of May of each year, unless they shall be suffered to remain by special permission from the superintendent of burials. Superintendent 39. If the requirements of the preceding sections are bodies. not complied with, it shall be the duty of the superintenIb. dent of burials to remove all such bodies from said tomb, HEALTH. 215 and properly inter the same, at the expense of the parties interested. 40. No person shall bury or inter, or cause to be Bodies nottobe interred in buried or interred any dead body in either of the ceme- city cemeteteries within the city, except in family tombs, or lots, or ries, except, &c. plats that have heretofore been assigned for family bury- Ord., June 24, ing-grounds, and in which there may be sufficient space 1859, ~1. for the interment of dead bodies. 41. Whenever the mayor and aldermen deem that any Mayor ancld aladditional interments in any family tomb, lot or plat, in dermeenaueither of the cemeteries within the city would be injurious close tombs, to public health, they are hereby authorized to order lb, ~ 2. that such tomb, lot or plat shall be closed, and to forbid the same to be used thereafter for the purpose of interment. 42. The mayor and aldermen are authorized to make Mayor and aland adopt any regulations in relation to the interment of dermen to make regulathe dead, which they may deem expedient, not inconsist- tions, &c. ent with the foregoing provisions.,ev. Ord., 1855, 43. Any person who shall be guilty of any violation Penalties for of any of the provisions of this ordinance in relation to violation of foregoing prowhich a penalty is not prescribed, shall for each and every visions. offense, forfeit and pay a sum not less than five nor more lb. than twenty dollars, to be recovered by complaint before the municipal court, or by action in the name of the city. [For duties of superintendent of burials relating to Evergreen and Forest City Cemeteries, see chapter on CEMETERIES, ante.] 216 CITY ORDINANCES. HISTORIES OF CITIES AND TOWNS. STATUTE. Towns authorized to procure histories and raise money therefor. Towns author- The inhabitants of cities and towns are hereby authorizetot proeure ized and empowered to procure the writing and publicahistories and raise money tion of the histories of their own cities and towns, and for therefor. this purpose, may raise such sums of money as may be Act, Feb. 15, 859. necessary for the same, in the same manner as cities and towns are now authorized to raise money for necessary city and town charges. HOUSES OF CORRECTION. STATUTES. 1. Town houses of correction and their object. 2. Overseers thereof. 3. Of work-houses appropriated to the like uses. 4. Compensation of overseers and master. 5. Duties of the overseers. 6. Support of the prisoners. 7. Powers of overseers to commit persons to such house. 8. Form of the order for commitment. STATUTES. I. Any town, at its own expense, may build and maintain a house of correction, or may appropriate in Town houses of I ~~~~ ~correction and part or in whole any work-house owned by such town for their object.'such purpose; and any person belonging to or found in R. S.,chap. 141, such town, liable to be sent by a justice of the peace to the county house of correction, may be sent to such town house by any justice of such town, and by the like process; but the provisions of this section shall not restrain such justice from committing any person so liable to the county house of correction; and the respondent party may appeal as in other cases. 2. The selectmen of any such town shall annually ap- Overseers point three, five, or seven discreet persons, overseers of thereof. such house, and may establish, from time to time, such Ib. ~ 18. rules and orders not repugnant to law, as they deem necessary for governing and furnishing persons lawfully committed thereto. 218 CITY ORDINANCES. Of work-houses 3. When any work-house is so appropriated for a for like uses. house of correction, the master thereof shall be master of R. S. lb. ~ 19. the house of correction; but in other cases the overseers thereof shall appoint a suitable master, removable at their pleasure. Compensation 4. The overseers and master of such town house of and masters correction shall have such compensation for their services lb. ~ 20. as is annually voted by their towns. Duties of the 5. The overseers, from time to time, shall examine overseers, into the prudential concerns and management of such lb. 21. house, and see that the master faithfully discharges his duty. Support of the 6. Every person committed to such town house of prisoners. correction shall be supplied by the keeper with a suitable Ib. ~ 22. quantity of bread and water, or other nourishment, as the overseers order; and all expenses incurred for commitment and maintenance, exceeding the earnings of the person confined, shall be paid by the parties liable for similar charges in the case of persons committed to a county house of correction. Powers of over- 7. The overseers of any such town house of corseerstocom- rection may commit thereto, for a term not exceeding mit persons. mit persons. forty-eight hours, any person publicly appearing intoxiLb. ~ 23. cated, or in any manner violating the public peace, when the safety of the person intoxicated, or the good order of the community requires it, till such person can be conveniently carried before a magistrate and restrained by complaint and warrant in the usual course of criminal prosecutions. Form of order 8. The form of the order for commitment may be in for commitment. substance as follows: Ib. ~ 24. To A. B., master of the house of correction in the town of-: You are hereby required to receive and keep C. D. in said house of correction for the term of hours, unless sooner discharged by our order. E. F., Overseers of said house G. H., of correction. HOUSES OF CORRECTION. 219 And any sheriff, deputy sheriff, constable or other person, to whom such order is given by said overseers, shall forthwith apprehend and convey such person to said house of correction, and deliver him to the master thereof, to be taken and kept agreeably to the order; and shall -be entitled to receive from the town such fees for service ancd travel as are allowed for service of warrants, 220 CITY ORDINANCES. INNHOLDERS AND VICTUALERS. STATUTES. 1. Licenses to innholders and victualers, when and by whom granted. 2. Persons licensed to give bond; forml thereof. 3. Licenses may be granted for a part of the year in certain cases. 4. Fee for license, and record of licenses. 5. Duty of innholders to provide entertainment. 6. Duty of victualers. 7. Innholders and victualers to keep up signs with their names and employments. 8. Not to keep instrunents of gaming, or allow any ganming on their premises. Penalty for gaming in said premises. 9. Reveling, disorderly conduct and drunkenness prohibited in such premises. 10. Penalty for being a common innholder or victualer without a license. 11. Duty of licensing board to prosecute for all violations hereof. Penalties, how recovered and appropriated. STATUTES. Licenses to inn- 1. The municipal officers, treasurer, and clerk of holders and every town shall annually meet on the first Monday of victualers, when and by May, or on the succeeding day, or both, and at such time whom granted. and place in said town as they appoint by posting up ~ S., chap notices in two or more public places therein, at least seven days previously, stating the purpose of the meeting; and at such meeting may license under their hands as many persons of good moral character, and under such restrictions and regulations as they deem necessary, to be INNIHOLDERS AND VICTUALERS. 221 innholders and victualers in said town, until the clay succeeding the first Monday in May of the next following year, in such house or other building, as the license specifies. 2. No person shall receive his license, until he has Personslicensgiven his bond to the treasurer, to the acceptance of the ed to give bond; form. board granting it, with one or more sureties, in the penal lb. ~2. sum of three hundred dollars, in substance as follows, viz: "Know all men, that we,- -, as principal, and, as sureties, are holden and stand firmly bound to., treasurer of the town of —-, in the sum of three hundred dollars, to be paid to him, or his successor in said office; to the payment whereof we bind ourselves, our heirs, executors, and administrators, jointly and severally by these presents. Sealed with our seals. Dated theday of -, in the year 18-. The condition of this obligation is such, that whereas the above bounden~ has been duly licensed as a within the said town of, until the day succeeding the first 3Monday of Iay next; now if in all respects, he conforms to the provisions of the law relating to the business for which he is licensed, and to the rules and regulations, as provided by the licensing board in reference thereto, then this obligation shall be void, otherwise remain in fiull force." 3. The licensing board may, at any other time, at a Licenses may meeting specially called, and notified as aforesaid for the be granted for a part of the consideration of any application therefor to them made, year. grant such license on the like conditions; but all such Ib. ~ 3 licenses shall expire on the day aforesaid. 4. Every person licensed shall pay to the treasurer, Fee for license, for the use of such board, one dollar; and the clerk shall a1d record of all licenses, make a record of all licenses granted. Ib. ~ 4. 5. Every innholcler shall, at all times, be furnished with Dlty of init suitable provisions and lodging for strangers and travelers, holders to provide enterand with stable room, hay, and provender for their horses tainment, and cattle; and with pasturing, if required by the terms lb. ~ 5 of his license; and he shall grant such reasonable accommodations as occasion requires, to strangers, travelers, and others. 222 CITY ORDINANCES. Duty of vic- 6. Every victualer shall have all the rights and privi10 Maine 438 leges and be subject to all the duties and obligations of 16 Maine, 121. an innholder, except furnishing lodging for travelers, and lb. ~ 6. stable room, hay, or provender for cattle. Innholders and 7. Every innholder and victualer shall, at all times, victualers to have a board or sign affixed to his house, shop, cellar, or keep up signs. lb. ~ 7. store, or in some conspicuous place near it, with his name at large thereon, and the employment for which he is licensed. Not to allow 8. No innholder or victualer shall have or keep about gheirng o his house shop, or other buildings, yards, gardens, or dependencies, any dice, cards, bowls, billiards, quoits, or other implements used in gambling; or suffer any person resorting thither to use or exercise any of said gamnes, or Penalty. any other unlawful game or sport therein; and every 23 Maine, 43. person who shall use or exercise any such game or sport lb. ~ 8. in any place herein prohibited, shall forfeit five dollars. Reveling, disorderly crnkn- 9. No innholder or victualer shall suffer any reveling, duct, drunkenness, prohibit- riotous, or disorderly conduct in his house, shop, or other ed, &Cc. lb. ~ 9. dependencies; nor any drunkenness or excess therein. Penalty for being a com- 10. No person shall be a common innholder or mon innholder or victualer victualer without a license, under a penalty of not more without a license. than fifty dollars. lb. ~ 10. 11. The licensing board shall prosecute for any violaDuty of licensing board to tions of this chapter, that come to their knowledge, by prosecute. complaint, indictment, or action of debt, in any court of 12 Maine, 204. ab i, ~ 1124. competent jurisdiction; and all penalties recovered shall be for the use of the town where the offense is committed. INSPECTION OF FLOUR. STATUTES. 1. Appointment of inspectors by municipal officers, 2. Inspectors to be sworn and receive certificates. 3. Inspection how made; duty of inspectors defined, 4. Penalty for fraudulent marks, &c. 5. Penalty for alteration, &c., of mark. 6. Purchasers may require inspection. 7. Duties of inspectors in relation to sample packagesd 8. Inspection not necessary when not demanded. STATUTES. 1. The mayor and aldermen of cities and the select- Appointmennt men of towns, in this State, are hereby authorized to of inspectors authorized; appoint annually, in their respective cities and towns, one manufacturers or more suitable persons to be inspectors of flour for the atnd dealers not eligible. period of one year from the date of appointment, but no Act, Feb. 23, one who is interested in the manufacture, or sale of flour, 1866. shall be so appointed. 2. Every such inspector, before entering upon the Inspector to be duties of his office, shall be sworn to the faithful and wornandreimpartial discharge of the same, before the clerk of the cate of apcity or town in which he is appointed, and such clerk pintment shall give him a certificate of his appointment and qualification, upon payment of a fee of fifty cents, which certificate shall be exhibited on the demand of any person interested in any inspection made by the holder of it. 224 CITY ORDINANCES. Inspection, how 3. Inspection of flour in this State shall be for the purmade, and duty of in- pose of ascertaining its soundness; every package of flour spectors defin- inspected under the provisions of this act, shall be opened ed. lb. ~ 3 sufficiently to allow a trier to be passed through it, and a sample of the whole length of the package shall be taken out and examined by the inspector, who shall mark upon each package with a brand, or stencil, the word SOUND or the wordl UNSOUND, as the quality of the flour contained in each shall be found, together with his name, residence, office, and the year of inspection. Every Inspectors to keep records inspector shall keep a record of all flour inspected by him, and exhibit in a book devoted exclusively to that use, which record he same, shall be required to exhibit to any person requiring it. Penalty for 4. Every inspector, who shall wilfully, falsely and fraudulent fraudulently mark any package of flour with a mark marks, &c. lb. ~ 4, indicating a quality different from the true quality, shall be punished by a fine of five dollars for each package so falsely and fraudulently marked, and shall also forfeit to any person injured thereby, three times the amount of dama(e to be recovered in an action of debt. Penalty for al- 5. Every person who shall, with intent to defraud and teration, &c., deceive, alter, obliterate or counterfeit, the inspection of inspection mark. marks of any inspector, placed on any package of flour lb. ~ 5, under the provisions of this act, and every person who, with intent to deceive and defraud, shall place upon any package of flour, marks which falsely purport to be inspection marks under the provisions of this act, shall, for every offence, be punished by fine not exceeding fifty dollars, and upon conviction of so altering, obliterating, counterfeiting or placing marks falsely purporting to be inspection marks, on as many as ten packages at one time, shall also be punished by imprisonment in the county jail not exceeding ten months. Pairehasers of quire inspeb- 6. Any person buying flour, may require the same to tion of same before deliv- be inspected before it is delivered; the fees of the inspecb. ~ 6. tor shall be five cents a package, for lots of less than ten INSPECTION OF FLOUR. 225 packages; for lots of more than ten and not exceeding Fees for inspection, and by twenty packages, two cents a package, and for any and whom to be every package exceeding twenty, one cent; to be paid by paid. the person demanding the inspection. 7. The inspectors of flour appointed under this act, Duties of inshall, whenever required, in addition to the inspection of specters in relation to samthe soundness or unsoundness of the article examined, pie packages. determine whether it conforms to and e.quals the sample lb. ~ 7. furnished to them, and shall mark, with some distinct, and intelligible mark, the packages that are found like the sample, and for this service they may charge an additional compensation of one-half cent per package. 8. Nothing contained in this act shall be held to Provisions hereof, not approhibit, or render illegal, any contract for the manufac- plicable when ture, or sale of flour, which has not been inspected, when inspection is not demanded. inspection is not required by the buyer or seller. lb. ~ S. 15~~~~~~~~~~~~~~~~~~l.~8 226 CITY ORDINANCES. INTELLIGENCE OFFICES. STATUTES. 1. Municipal officers may license. 2. Penalties how recovered. Municipal of- 1. The municipal officers of any town may, upon ficers may payment of one dollar each, grant licenses to suitable license intelligence offices. persons for one year, unless sooner revoked after notice and for cause, to keep offices for the purpose of obtaining employment for domestics, servants, or other laborers, R. S., chap. 35, except seamen, or of giving information relating thereto, ~ 6. or of doing the usual business of intelligence offices; and no person shall keep such an office, without a license, under a penalty not exceeding fifty dollars for every day it is so kept. Penalties, how 2. The penalty provided in this chapter may be recovered and recovered by complaint or indictment, in any court of appropriated. Ib. ~ 2. competent jurisdiction, for the use of the State, when not otherwise appropriated. JURORS. STATUTES. 1. Board for preparing lists of jurors; towns may make altera tions. 2. How the lists are to be prepared. 3. Persons exempted from serving. 4. Tickets of names to be kept in jury box; liable to be drawn once in three years. 5. Number required to be kept in jury box; names may be withdrawn in certain cases. 6. Commissioners to divide the county into jury districts, and furnish copy of division to clerk; how divided and numbered. 7. Rule by which the clerk shall issue venires. S. Grand jurors to serve one year; venires for suclh to issue forty days before second Monday of September annually. 9. Grand and traverse jurors to attend on the first day of the term, unless, at a previous term, the court designates a different day. 10. Distribution of venires, and notice of meetings to draw jurors, &c. 11, 12, 13. Mode of drawing jurors; date of draft to be indorsed on the ticket. 14. Constables to notify jurors, and return venires. 15. Indorsement to be transferred, if ticket is renewed. 16. Penalty for neglect of municipal officers or clerk. 17. Penalty for neglect of constable or town. 18. Penalty for neglect of juror to attend. 19. Penalty for fraud by town clerk or municipal officer. 228 CITY ORDINANCES. Board for pre- 1. The municipal officers, treasurer, and clerk of each paring lists of town constitute a board for preparing lists of jurors to be jurors, &c. 1. S., chap. 10, laid before the town for their approval; and the town, in ~ 1 legal town meeting, by a majority of the legal voters assembled, may strike out such names as they think proper from such lists, but shall not insert any other names. -oow the lists 2. Such board, at least once in every three years, are to be pre- shall prepare a list of such persons, of good moral characIb. ~ 2. ter, and qualified, as the constitution directs, to vote for representatives, under the age of seventy years, in such town, as they judge best qualified to serve as jurors. Persons ex- 3. The following persons shall be exempted from enupted firom seroving. serving as jurors, and their names shall not be placed on Ii). ~ 3, the lists: the governor, councillors, judges and clerks of the common law courts, secretary and treasurer of the State, all officers of the United States, judges and registers of probate, registers of deeds, settled ministers of the gospel, officers of colleges, preceptors of incorporated academies, physicians and surgeons, cashiers of incorporated banks, sheriffs and their deputies, coroners, counsellors and attorneys at law, county commissioners, constables, and constant ferrymen. Tickets of 4. After the list of jurors is approved by the town, nlames to be the board shall write their names upon tickets, and place kept in jury box., &c. them in the jury box, to be kept by the town clerk; and Ib. ~ 4. the persons whose names are in the box shall be liable to be drawn and to serve on any jury, at any court for which they are drawn, once in every three years and not oftener, except as herein provided. Numlber re- 5. Each town shall provide, and constantly keep in quired to be the box, a number'of names ready to be drawn when bo x, &lc. required, not less than one, nor more than two for every lb. ~ 5, hundred persons in the town, according to the census taken next before preparing the box; and the board. shall withdraw from it the name of any person convicted of any scandalous crime, or guilty of any gross immorality. JURORS. 229 6. Within one year after every new census, and Commissioners to divide the oftener if a considerable change of population renders it tcllntylint proper, the county commissioners shall divide their county jury districts, &c. into not less than four, nor more than twelve districts ~6 lb. ~ 6. numerically designated; and they shall place as many adjoining towns in each district, as will make the number of inhabitants 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 Rule by which each jury district in such manner as to cause jurors, at each the clerk shall issue venires. term of the court, to come from every part of the county 38 Maine, 200. as equally as may be, and, as far as practicable, from lb ~ 7. 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 Grad jurors to judicial court, shall be issued at least forty days before the serve one year, &c. second Monday of September annually; and such jurors b. ~. shall serve at every term of said court for the transaction of criminal business throughout the year. 9. The grand and traverse jurors shall attend on the Jurors to atfirst day of the term for which they are drawn and sum- irst day of the moned; unless the court at a previous term has designated term, &c. a different day; and if so, the venire shall specify the day Ib. ~ 9. on which the jurors shall attend. 10. The sheriff on receiving venires for jurors shall Venires, duties immediately send them to the constables of the towns of sheriffs in relation to diswhere directed, and each constable on receipt thereof tribution of. shall notify the inhabitants of the town, qualified to vote for Constable shall notify inhabitrepresentatives, and especially the municipal officers and ants, &c. town clerk, by posting up notices in two public and con 230 CITY ORDINANCES. -notice, how spicuous places in said town at least four days before such given. lb. ~ 10, as meeting, to assemble and be present at the draft of the Amcte11dby jurors called for; which shall be six days at least before chap. 7. the sitting of the court to which the venire is returnable. Mode of draw- 11. The town clerk, or, in his absence, one of the ingjurors, &c. municipal officers, shall carry the juror box into the meet-. S., chap.16 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 required; 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 Same subject. who has been appointed to an office exempting him *b. ~ 12. from 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 persons, 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. Date of draft to 13. When a juror is drawn and not excused by the be indorsed on town, the municipal officers who drew his ticket shall inthe ticket. lb. ~ 13. dorse thereon the date of the draft and return it into the box. Constables to 14. The constables shall notify the persons thus drawn notify jrors, four days at least before the sitting of the court, by and return venires. reading the venire and indorsement thereon to them, or 5 Greenl. 333. leaving at their usual place of abode a written notice 11). ~ 14. that they have been drawn, and of the time and place of the sitting of the court where they are to attend; and JURORS. 231 make a seasonable return of the venire with his doings thereon. 15. When a new list of jurors is made, the municipal Indorsement to officers shall transfer from the back'of the old tickets to be transferred, &c. the new ones of the same persons, the minutes of the lb. ~ 1. drafts made within the three preceding years. 16. If the municipal officers or town clerk neglect to Penalty for neglect of officers. perform their duties herein required, so that the jurors lb. ~ 16. called for from their town are not returned, they shall be fined not less than ten, nor more than fifty dollars each. 17. Any constable, neglecting to perform his duties Penalty for neglect of conherein required, shall be fined not exceeding twenty dol- stablet or town lars; and any town for a like neglect of its duties shall lb. ~ 17. be fined not exceeding one hundred dollars. 18. Any juror, who, after being notified and returned, Penalty for neglect ofjuror unnecessarily fails in his attendance, shall be fined as for togattendju contempt, not exceeding twenty dollars, unless he resides lb. ~ 19. in Portland, and then not exceeding forty dollars. 19. Any town clerk or municipal officer, who commits Penalty for a fraud on the box previous to the draft, in drawing a fraud by town juror or in returning a name into the box, which had been Ib. ~ 20. 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 prosecutor. 232 CITY ORDINANCES. 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. MIayor and aldermen to make contracts, rules and regulations. STATUTE. Injuries to Whoever wilfully and maliciously removes, defaces, or monuments, injures any lamp, or lamp post, or extinguishes any lamp guide boards, lamps, &c. on any bridge, street, way, or passage, shall be punished R. S., chap. 127, by imprisonment less than one year, and by fine not ex~ 8. ceeding one hundred dollars. ORDINANCES. committee on 1. There shall be appointed in the month of March, lamps and annually, a joint committee of the city council, to be lamp posts to be appointed. called the committee on lamps and lamp posts, to consist Rev. Ord., 1855. of one member of the board of mayor and aldermen, and three members of the common council, and said committee To cause lamps to be set up at shall cause to be set up and affixed lamps at the corners costreets. of of such streets in the city as they may determine to be convenient and necessary. Mayor and al. 2. The mayor and aldermen of the city, are hereby dermen to authorized and empowered to make all necessary contracts, make contracts, rules rules, orders, and regulations respecting the said lamps, and regula- and the lighting and keeping the same in repair, and the lb. regulation and preservation of the same, as they may deem most for the benefit of said city. 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. 1. Every manufacturer of leather, and of boots and Manufacturer shoes, of any description, shall have the exclusive right of of leather,. te.. boots and shoes stamping them with the initials of his christian,' and the maystampis whole of his surname; and such stamping shall be con- name thereon, &c. sidered a warranty that the article is merchantable, and well made of good materials; and if any person fraudu- R S5., chap, 39, ~ 25. lently stamps any such articles with the name or stamp of any other person, he shall be punished by a fine not exceeding twenty dollars, or imprisonment not exceeding six months. 2. The municipal officers of each town, when they deem it expedient, may appoint one or more suitable Appointment, oath, duties inspectors of sole leather, who shall be duly sworn, and and fees of inspectors of sole receive such fees from their employer, as said officers leather. establish; and when paid by the seller, to be repaid to Ib. ~ 26. 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. 234 CITY O RDINAN CES. Mode of ill- 3. Each inspector shall provide himself with a proper specting and apparatus, with which he shall weigh and stamp every stamping sole leather, &c. side of sole leather' inspected by him, with the weight lb. ~ 27. thereof, his surname, and the name of his town; and on all sole leather made of good hides, and in the best man. ner, the word, " best," shall be stamped; on all made of such hides in a merchantable manner, the word, "good;" and on all other, the words, " second," or " third quality," " damaged" or " bad," according to the fact; and if any person counterfeits, alters or defaces such mark, he shall forfeit twenty dollars for each offense, half to the town and half to the person suing therefor. LIBRARIES. STATUTES. 1. Towns may establish libraries. 2. " may raise money therefor. 3. " may receive donations therefor. 1. Any town is authorized to establish and maintain Towns may esa public library therein, for the use of the inhabitants, and tablish public provide suitable rooms therefor, under such regulations libraries. for its government as the, inhabitants from time to time R9S., chap. 55 prescribe. 2. Such town may appropriate, for the foundation and May raise moncommencement of such library, a sum not exceeding one ey therefor. dollar, and for its maintenance and increase annually, a Ib. ~10. sum not exceeding twenty-five cents, for each of its ratable polls in the year next preceding that in which such appropriation is made. 3. Any town may receive, in its corporate capacity, May receive and hold and manage, any devise, bequest, or donation, ndmantiage for the establishment, increase, or maintenance of a public that purpose. library therein. lb. ~ 11. 236 CITY ORDINANCES. LUMBER. STATUTES. 1. Towns to elect surveyors of boards, plank, timber, joist, shingles, clapboards, staves, hoops, and cullers of staves and hoops. Municipal officers 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. WVhat kind of pine boards are merchantable, and what may be shipped out of the United States. SHINGLES A-ND CLAPBOARDS. 3. Dimensions and quality of shingles Nos. 1, 2, and 3. 4. IHow shingles shall be split or sawed and packed. Forfeiture of shingles if deficiency of five in any bundle of No. 1, or if offered for sale before they are surveyed and branded. i. Dimensions and quality of clapboards. STAVES AND HOOPS. 5. Dimensions and quality of staves, and how enumerated. 7. Dimensions and quality of hogshead hoops; how packed and enumerated; and forfeiture of deficient bundles. S. Not to be offered for sale, before surveyed and branded and certificate given, under a penalty. Forfeiture for master of vessel unlawfully exporting same, forfirst and second offence, and appropriation thereof.. 9. Master or owner to produce surveyor's certificate before clearance, and affidavit 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. LUMBER. 237 1. Every town, at its annual meeting, shall elect one Towns to elect or more surveyors of boards, plank, timber, and joist; one lurveyors of or more surveyors of shingles, clapboards, staves and. S chap 41 hoops; and every town containing a port of delivery, ~11. whence staves and hoops are usually exported, shall also elect two or more viewers and cullers of staves and hoops; and the municipal officers of any town may, if they deem it necessary, appoint not exceeding seven surveyors of logs, and all of said officers shall be duly sworn. 2. All boards, plank, timber, and joist, offered for Lumber tobe sale, shall, before delivery, be surveyed by a sworn sur- surveyed beveyor thereof, and if he have cdubts of the dcimensions, deliver he shall measure the same, and mark the contents thereon Ib. ~ 12. 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 Dilensions State, shall be sixteen inches long, free from shakes and andt quality of shingles Nos, worm holes, and at least three-eighths of an inch thick at 2 sgled 3e the butt end when green, and if of pine, free from sap. Ib 13. They shall be four inches wide on an average, not less than three inches wide in any part, hold their width threefourths of the way to the thin end, well shaved or sawed, and be denominated number one; but shingles intendclecl for sale within this State, if of inferior quality or of less dimensions, may be surveyed and classed accordingly, 238 CITY ORDINANCES. under the denominations of number two, and number three. How shingles 4. All shingles shall be split or sawed crosswise the sllbesplit grain; each bundle shall contain two hundred and fifty packed, &c. shingles, and if in square bundles, twenty-five courses, lb. ~ 14. and be twenty-two inches and a half at the lay; and when packed to be surveyed as number one, or for exportation, 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, atl 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 and 5. All clapboards, exposed to sale or packed for exquality of portation, shall be made of good sound timber, free from , appointed and always be a justice of the peace, and duly qualified as qualified. such, and he shall be appointed by the governor, by and with the advice of the council; he shall be duly sworn as His duties and fees. recorder, and shall keep a fair record of the proceedings Writs to be unof the court, and deliver copies, when required, for the der seal of court. same fees which are allowed to justices of the peace. All Act, 1859, chap. 57, ~ 2, as writs issued by said court shall be under its seal and bear amending Act, 1856, chap, 204, test of the judge, and shall be signed by the recorder. ~ 1o. Recorder's of. s powers in ab11. When the judge is absent, it shall be the duty of sene of judge. St. 1856, chap. the recorder, and he shall have authority to exercise all 204,, ~ asp amended by the powers of the judge. Act, March 26, 1863, ~ 1. 12. If the judge and recorder are both necessarily Justicesof the peace substiabsent, the judge may designate some justice of the peace tuted in absence of judge duly qualified, to perform the duties of his office; or if And recorder. Act, 1856, chap. the judge should not so designate a justice of the peace, 204, ~ 12. the recorder may do it. Provisions when office of 13. When the office of judge shall be vacant, the judge is vacant. recorder shall finish the business pending before the lb. ~ 13, as amended by court. Act, March 26 1863. 14. No justice of the peace residing in the city of Restrictionson Portland, shall in any manner take cognizance of, or justices of the peace in Portexercise jurisdiction over any crime or offense, or in any land. civil action, wherein the judge is not a party interested; Ib. ~ 14, as amended by nor accept or receive any fee or reward therefor; and Act, March 26 any such justice of the peace, by violating this section, 1863. shall forfeit twenty dollars, to be recovered on indictment. Exceptions un15. But nothing in the preceding section shall be der the laws construed as prohibiting the justices of the peace, residing of the United in Portland, from exercising at all times, all the power lb. ~ 1B 252 CITY ORDINANCES. and jurisdiction given them by any laws of the United States. When recorder 16. When the judge is occasionally absent from the may issue warrants. room or office in which the court is held, the recorder shall 1b. ~ 16. have power, on proper complaint, to issue warrants for the apprehension of persons charged with any criminal offense, or breach of the peace; and such warrants shall have the same authority as if issued by the judge. Salary of recor- 17. The recorder of the municipal court of the city Ac der. c of Portland, shall receive the annual salary of eight hunAct 1860, c. 172. dred dollars from and after the first day of January, in the year of our Lord eighteen hundred and sixty. 18. The costs recoverable by parties in said court, Costs how to be taxed. shall be as follows:-The plaintiff, if he prevail, shall be Act 1859, c. 57, entitled to recover one dollar for his writ, and the defend~ 3. ant, if he prevail, shlall be entitled to recover an attorney fee of one dollar; and all other costs recoverable by either party, shall be taxed as before justices of the peace.'Recorder, duty 19. During the temporary absence of the judge of of, in abeence the municipal court of the city of Portland, the recorder of judge. Act, 1863, of said court is hereby authorized and empowered to try March 26, and determine civil actions and processes within the jurischap. 290, ~ 1. diction thereof. - in case of va- 20. In case of vacancy by death, resignation or cancy ofjudge. otherwise in the office of judge of said court, the recorder lb. ~ 2. aforesaid may try and determine all actions, civil and criminal, within the jurisdiction of said court, until a judge shall be appointed and qualified. 21. Judges of the municipal and police courts shall be Judges how elected and elected by the people of their respective cities and towns, tenre of of by a plurality of the votes given in at the annual meeting in March or April, and shall hold their offices for four Vcancies how years front the Monday following the day of their election. filled. Vacancies in said office shall be filled by elections at the Constitutional next annual meeting in March or April; and in the amendment, Amrt 9. meantime, the governor, with the advice and consent MUNICIPAL COURT. 253 of the council, may fill said vacancies by appointment, until the Monday following said annual meeting. 22. The election of judges of municipal and police Election ofmucourts shall be effected and determined in cities as the nlicipal and election of mayor is; and in towns as the election of police judges. selectmen is. A plurality shall elect. The clerk shall 132, St.. notify the person elected who shall be duly sworn, and commence the discharge of his duties on the MAonday following the day of his election. They hold their offices, and vacancies are filled, as provided in the constitution. 254 CITY ORDINANCES. NUISANCES. STATUTES. 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. 7. Penalty. S. Certain nuisances described. 9. Places assigned for unwholesome employments. 10. When places assigned become offensive, what. 11. Buildings for manufacture of gunpowder, when nuisances. 12. Burning bricks in prohibited places, nuisance. 13. Stationary steam engine not to be used without license. 14. Duty of officers on application for license. 15. Engine erected without license, a nuisance. 1. Whenever the mayor and aldermen of any city, or buildings may the selectmen of any town, after due notice in writing to be adjudged nuisances; the owner of any burnt, dilapidated or dangerous building, proceedings. or publication in a newspaper in the county three weeks Act, is86, chap. successively, or if no newspaper is published in the county, 177, ~ 1, as amended by then in the State paper, and after a hearing of the matAct, 1863. chap. Act, 187. ter, shall adcljuclge the same to be a nuisance to the neighborhood, or dangerous, they may make and record an order prescribing what disposition or alteration shall be made Powers of aldermen and thereof, or such other provisions as they shall deem selectmen. necessary, and thereupon it shall be the duty of the city or town clerk to deliver a copy of such order to a consta NUISANCES. 255 ble, who shall serve such owner, if resident within the Owner to be served with State, with an attested copy thereof, and make return copy of order. of his doings thereon to said clerk forthwith; if the owner Return of seror part owner is unknown, or resides without the State, notice shall be given by publication in the State paper, or in a paper published in the county three weeks successively, and no further service on such owner shall be required. If no appplication shall be made to the supreme judicial court, or a justice thereof, as is hereinafter provided, the mayor and aldermen of such city, or Nuisance may selectmen of such town, shall cause said nuisance to be beabated. abated, removed or altered in compliance with their order, and all expenses thereof shall be repaid to the city or expense. town by such owner; if not paid within thirty days after Payment endemand, they may be recovered of such person by an for,ced. action for money paid for his use. 2. Any owner aggrieved by any order passed under the Owner aggrievprovisions of the first section of this act, may apply to the ed may apply to supreme supreme judicial court, if in session in the county in which court, or jussuch order is passed, or to any justice thereof, in vacation, jtre of y a for a jury, and such court or justice shall forthwith order a warrant for a jury to issue, to be empanneled by the sheriff in the same manner as is provided by section ten Jury, how emof the eighteenth chapter of the revised statutes in regard panneled. to the laying out of highways. Such application shall be Application, when to be made within five days after such order is served on such made. owner, and the jury shall be empanneled within seven AC, 1860, chap. 177, ~ 2. days from the issuing of the warrant. 3. The jury may find a verdict, either affirming or Verdict, what it annulling the said order, or making alterations therein, as may be. they may see fit, which verdict shall be returned forth- -return of. with to the justice issuing the warrant, for acceptance. -maybeacHe may accept or reject the same, and may, if rejected, jcect or reorder a new warrant, if lie thinks reasonable. If the Action, how court is not in session, the action shall be entered on the entered. docket of the court for the preceding term, exceptions 256 CITY ORDINANCES. Exceptions taken -by either party shall be allowed as of that term, taken; proceedings. execution may issue as of that term, and if the verdict is Verdict enforc- finally accepted, the justice may issue all proper process lb. ~ 3. for enforcing the same. Costs, how to be 4. If the verdict shall affirm such order, costs shall paid. be recovered by the city or town against such applicant. lb. ~ 4. If the verdict shall annul such order in whole, costs shall be recovered by the applicant against such city or town, and in case such verdict shall alter such order in part, the court may render such judgment as to costs as to justice shall appertain. Not applicable, 5. This act shall not be in force in any town or city, unlessby vote. unless the inhabitants of the town, or the city council of lb. ~ 5. the city, shall adopt the same at a legal meeting of said inhabitants, or city council called for that purpose. Advertise- 6. All persons are hereby prohibited from advertising fences privat e their wares or occupations, by painting notices of the same fences, private property, on, or affixing them to fences or other private property, rocks, or other natural ob- or on rocks or other natural objects, without the previous jects, prohibit- consent of the owner, or if in the highway or any other Act, 1865, chap. public place, without the permission of the mayor of cities, 289, ~ 1. selectmen of towns, or assessors of plantations. Penalty. 7. Any person violating the provisions of this act shall' lb. ~ 2. be punished by a fine of ten dollars for each offense, to be recovered on complaint, one-half of which shall be for the use of the prosecutor and one-half for the use of the town in which the offense is committed. Certain nuisan- 8. The erection, continuance or use of any building ces described, or other place for the exercise of a trade, employment, or 37 Maine, 161. manufacture, which, by occasioning noxious exhalations, RI.S., chap. 17, offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort, or property 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; obstructing or impeding, without legal authority, the passage of any navigable river, NUISANCES. 257 harbor, or collection of water; corrupting, 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. 9. The municipal officers of a town, when they judge Places to be asit necessary, may assign some place or places therein for signed for unC, — ~~~ -' ~-wholesome the exercise of any trade, employment, or manufacture employments. aforesaid, and forbid their exercise in other places, under 34 Maine, 36. penalty of being deemed public or common nuisances and Ib. ~ 2. 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. 10. When any place or building so assigned becomes Proceeiings a nuisance, offensive to the neighborhood, or injurious to whllen places the public health, any person may complain thereof to the come ofgelbesupreme judicial court, and, if after notice to the party sive. complained of, the truth of the complaint is admitted by Ib. ~ 3 default, or nadle 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. 11. If a person carries on the business of manufactur- When buildings ing gunpowder, or of mixing or grinding the composition fac the manu. therefor, in any building within eighty rods of any valua- Powder shall ble building erected when such business was commenced, be deemed the fortner building shall be deemed a public nuisance; and such person may be prosecuted accordingly. 17 258 CITY ORDINANCES. Burning bricks 12. A town, at its annual meeting, may prohibit the in parts of a burning of bricks, or the erecting of brick kilns within town prohibited by vote, such parts thereof as they deem for the safety of the nuisances. ib. ~ 5. citizens or their property. And if any person, by himself or others, violates such prohibition, the municipal officers shall cause said bricks or brick kiln to be forthwith 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. Stationary 13. No stationary steam engine shall be erected in a nottoeam engined town unless the municipal officers have previously granted without license therefor, designating the place where the buildings license. therefor shall be erected, the materials and mode of conIb. ~ 13. struction, the size of the boiler and furnace, and such provisions as to height of chimneys or flues, 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 person or persons applying for the license. Duty of town 14. When application is made for such license, said officers on officers shall assign a time and place for its consideration, application for a license. and give public notice thereof at least fourteen days lb. ~ 14. beforehand as they think proper, at the expense of the applicant, that all persons interested may be heard before granting a license. Such engine 15. Any such engine erected without license shall be erected without license to deemed a common nuisance without any other proof than be deemed a itS use. nuisance. Ib. ~ 15. [For additional laws and ordinances relating to nuisances, see chapter on HEALTH, ante.] ORDINANCES AND BY-LAWS. ORDINANCE. 1. Enacting style of city ordinances. 2. Ordinances to be published. 3. Time of ordinances taking effect. 4. Construction of ordinances, rules applicable. 5. Fines to enure to use of city, except, &c. 1. All by-laws of the city shall be denominated ordi- Enacting style nances, and the enacting style shall be, "' Be it ordained of city ordi~ nances. by the mayor, aldermen, and common council of the city Re, o., l1855, of Portland, in city council assembled, as follows." 2. The ordinances of the city council shall be pub- Ordinancesto lished and promulgated by inserting the same two weeks be published successively in one or more newspapers published in the lb. city of Portland; but this section is directory, merely, and a failure to comply with the same, shall not affect the validity of any order or ordinance. 3. Any ordinance enacted by the city council shall Time of orditake effect and go into operation in ten days from and nance taking after the day on which it shall have been approved by the lb. mayor, unless the provisions of any ordinance shall otherwise prescribe. 4. In the construction of ordinances the same rules Construction of shall be observed so far as they may be applicable, as rdulsnpcpca, are provided in the revised statutes of this State, chap. ble. 1, sect. 4, unless such construction would be inconsistent 260 CITY ORDINANCES. with the manifest intent of the city council, or repugnant to the context of the same ordinance. Fines to enure 5. All fines and penalties for the violation of any of to use of city the ordinances of the city council, or any of the orders of lb, 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. ii. Legitimate children. III. Illegitimate children. iv. Division of towns. v. Apprenticeship. vI. Residence five years. vii. Residence March 21, 1821. vIII. Incorporation of towns. 3. Settlements remain till new ones acquired. 4. " not affected by revision of laws, when. 5. Duty of towns. 6. " of 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. Pauper adults may be bound for one year. 13. Persons bound may complain to court. 14. Overseers to relieve all destitute persons. 15. Duties of overseers where there is a jail. 16. Notice to town liable for relief. 17. Answer to notice to be returned within two months. 18. Notice by mail sufficient. 19. Persons removed, returning, may be sent to house of correction. 20. Foreign paupers may be removed to the place where they belong. 21. When towns are liable to inhabitants for private support of paupers. 262 CITY ORDINANCES. 22. Overseers to complain of intemperate persons. 23. Towns may recover of paupers. 24. Overseers to take charge of property of deceased paupers. 25. Overseers may prosecute and defend. 26. Penalty for bringing paupers into a town.'27. Masters of vessels not to land passengers, when. Election of 1. There shall be elected at the first election of suboverseers of poor,city char- ordinate officers, in Portland, under this act, in March, ter, 1863, ~ 8. 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 subsequent annual elections shall be for the term of three years. Settlement, 2. Settlements, subjecting towns to pay for the suphow acquired, S chapc 24, port of persons on account of their poverty or distress, ~ 1. are acquired as follows: I. A married woman has the settlement of her husMarried women. band, if he has any in the State; if he has not, her own 4 Greenl. 293. 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. Legitimate ii. Legitimate children have the settlement of their children. 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.l Illegitimate III. Children, legitimate, or illegitimate, do not acchildren. quire a settlement by birth in the town where they are born. Illegitimate children have the settlement of their mother, at the time of their birth.l Division of Iv. Upon division of a town, a person having a settowns. tlement therein and absent at the time, has his settlement 12 Greenl., 194; 3 Greenl., 388; 4 Greenl., 47, 293; 7 Greenl., 90; 18 Maine, 376; 32 Maine, 60; 36 Maine, 390; 19 Maine, 441; 24 lMaine, 281; 7 Greenl. 270; 10 Maine, 409; 11 Maine, 455; 35 Maine, 411, PAUPERS. 263 in that town, which includes his last dwelling place in the town divided. When part of a town is set off from 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 had 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 formerly were.1 v. A minor who serves as an apprentice in a town Apprenticefour years, and within one year thereafter sets up such ship. trade therein, being then of age, has a settlement therein. vI. A person of age, having his home in a town five Residence five successive years without receiving, directly or indirectly, years. supplies as a pauper, has a settlement therein.2 vii. A person having his home in a town on March Residence twenty-one, eighteen hundred and twenty-one, without March21,s1821. having received supplies as a pauper within one year before that date, acquired a settlement therein.2 viii. Persons having their homes in an unincorpor- Incorporation of towns. ated place for five years without receiving supplies as a y^ zn ~11 Maine, 455. pauper, and having continued their homes there to the 2Maine, 58, time of its incorporation, acquire settlements therein. 266. Those having homes in such places less than five years 30 Maine, 452. before incorporation, and continuing to have them there 33 Maine, 580. afterwards, until five years are completed, acquire settlements therein. 1 Greenl., 129; 13 Maine, 299; 19 Maine, 387; 20 Maine, 341; 21 Maine, 334; 23 Maine, 472; 31 Maine, 465; 35 Maine, 184; 39 Maine, 368; 37 Maine, 39. 2 10 Maine, 97; 13 Maine, 321; 17 Maine, 117; 18 Maine, 92; 21 Maine, 357; 23 Maine, 410; 24 Maine, 112; 34 Maine, 310; 15 Maine, 479; 18 Maine, 415. 264 CITY ORDINANCES. Settlements re- 3. Settlements acquired under existing laws, remain main, till new n ones acquired. until new ones are acquired. Former settlements are R. s., chap. 24, defeated by the acquisition of new ones. ~ 2. Revision oflaws 4. Persons who have begun to acquire settlements does not affect under existin laws, are not to be affected by a repeal of them. Z lb. ~ 3. them, and a re-enactment of their provisions in substance. Duty of towns. 5. Towns are to relieve persons having a settlement lb. ~ 4. therein, when on account of poverty, they need relief. They may raise money therefor as for other charges of the town. Overseers' du- 6.' Overseers are to have the care of persons chargeties. able to their town, and are to cause them to be relieved lb. ~ 5. and employed, at the expense of the town, and as the town directs, when it does direct. Kindred liable. 7. The father, and mother, grandfather, and grand23 Maine, 420. mother, children, and grand-children, by consanguinity, lb. ~ 9. living within the State, and of sufficient ability, are to support persons chargeable in proportion to their respective ability. court on con- 8. A town or any kindred, who have incurred any plaint may expense for the relief of a pauper, may complain to the assess them. supreme judicial court in the county, where any one of 5 Greenl., 324. Ib. ~ 10. such kindred resides; and the court may cause such kindred to be summoned, and upon a hearing or default, may assess and apportion a reasonable sum upon such 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 complaint was filed. Children may 9. The minor children of parents chargeable, or of be bound; parents unable in the opinion of overseers to maintain terms and time. them, and such children chargeable themselves; may, 18 Maine, 415. without their consent, be bound by the overseers, by deed lb. ~ 14. of indenture, as apprentices or as servants to any citizen PAUPERS. 265 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 Overseers to insuch children, and to protect and defeind them in the quire, may complain of enjoyment of their rights in reference to their masters and master. Court others. They may complain to the supreme judicial court may discharge child, who may in the county, where their town is, or where the master be bound again. resides, against such master for abuse, ill-treatment or lbg~15 Ib. ~ 15. 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, Suits on bond. may recover damages for breaches of its covenants. The Damages for amount so recovered, deducting reasonable charges, is to benefit of be placed in the treasury of the town, to be applied by lb. ~ 16. 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 overseers or by the expiration of their term of office; but shall proceed in their names, or in the names of the survivors. 12. Overseers may set to work, or by deed bind to Persons of age, service upon reasonable terms, for a time not exceeding may be bound for one year, one year, persons having settlements in'their town or lb. ~20. having none in the State, married or not married, able of 266 CITY ORDINANCES. body, upwards of twenty-one years of age, having no apparent means of support, and living idly; and all persons liable to be sent to the house of correction. Person bound 13. A person so bound may complain to the court, in may complain the county where he or the overseers reside, and the court, to court. Ib. ~ 21. after notice to the overseers, and master, may, upon 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. Overseers to re- 14. Oversebrs are to relieve persons destitute, found lieve persons in their towns and having no settlement therein, and in having settlements in other case of decease, decently bury them; the expenses towns. 6 whereof and of their removal incurred within three 15 Maine, 363. 27 Maine,489. months before notice given to the town chargeable, may 28 Maine, 289. 29 Maine, 313. be recovered by the town incurring them against the town 29 Maine, 313. ~ 33 Maine, 453. liable, in an action commenced within two years after the 38 Maine, 472. Ib. ~ 24. cause of action accrued, and not otherwise; and may be recovered of their kindred in the manner before provided in this chapter. 15. Overseers of a town, in which there is a county Owhverseere i jail, may, by their written order, set to work so far as a jail duties. necessary for his support, any debtor committed, and then Liability of chargeable to any town in the State for his support. The creditor to pay. 2o town where he has a settlement, is liable to pay the lb. ~ 26. expenses incurred not so paid by him; and the town incurring them may recover the same of the creditor, at whose suit he was committed at the rate fixed by law for his support. Notice to be 16. Overseers are to send a written notice, signed by given of relief one or more of them, stating the facts respecting a person to town liable. 15 Maine, 169. chargeable in their town, to overseers of the town where 21 Maine, 298, his settlement is alleged to be, requesting them to remove 443. 31 Maine, 124. him, which they may do by a written order directed to a lb. ~ 27. person named therein, who is authorized to execute it. Answer to be 17. Overseers receiving such notice are, within two returned within two months. months, if the pauper is not removed, to return a written PAUPERS. 267 answer, signed by one or more of them, stating their I Greenl., 329. objections to his removal; and if they fail to do so, the 3Greenl., 197, overseers requesting his removal may cause him to be 4Greenl.,298, 475. removed to that town in the manner provided in the 5 Greenl.,31. preceding section; and the overseers of the town to which 30 Maine, 211. lb. ~ 28. 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. 18. When a written notice or answer provided for in Noticeby mail sufficient. this chapter is sent by mail, postage paid, and it arrives 21u Mine, 298, at the post office where the overseers to whom it is directed 443. reside, it is to be deemed a sufficient notice or answer. Ib. ~ 29. 19. A person removed, as provided in this chapter, Personsremovto the place of his settlement, who voluntarily returns to ed, returning may be sent to the town from which he was removed, without the consent house of correction. of the overseers, on conviction thereof before a justice of Ib. 30. the peace, may be sent to the house of correction as a vagabond. 20. Overseers may make complaint, that a pauper Foreign panchargeable to their town has no settlement in the State, pers may be 7 removed. to a justice of the peace, who may, if he thinks proper, 8 Greenl., 71. by his warrant directed to a person named therein, cause Ib. ~ 31. such pauper to be conveyed, at the expense of such town, beyond the limits of this State, to the place where he belongs. 21. Towns are to pay expenses necessarily incurred Towns liable to individuals. for the relief of paupers by an inhabitant not liable for 20 Maine, 442. their support, after notice and request to the overseers, 36 Maine, 376. 37 Maine, 9. until provision is made for them. lb. ~ 32. 22. When a person in their town, notoriously subject Overseers to complain of to habits of intemperance, is in need of relief, the over- personsintemseers are to make complaint to a justice of the peace in perate. Ib. ~ 33. the county, who is to issue a warrant and cause such person to be brought before him, and upon a hearing and proof of such habits, he is to order him to be committed 268 CITY ORDINANCES. 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 overseers of the town in which the house of correction is situated, or by two justices of the peace and quorum. Towns may re- 23. A town, which has incurred expense for the cover of paupers. support of a pauper, whether he has a settlement in that 4 Green., 258. town or not, may recover it of him, his executors, or 22 Maine, 445. Ib. ~ 34. administrators, in an action of assumpsit. Overseers take 24. Upon the decease of a pauper then chargeable, possession of the overseers may take into their custody all his personal property of paupers de- property, and if no administration on his estate is taken ceased. within thirty days, may sell so much thereof, as is neces8 Greenl., 315. Ib. ~35. sary to repay the expenses incurred. They have the same remedy to recover any property of such pauper, not delivered to them, as his administrator would have. May prosecute 25. For all purposes provided for in this chapter, its and defend.. overseers, or any person appointed by them in writing, lb. ~ 36. may prosecute and defend a town. Penalty for 26. Whoever brings into and leaves in a town where bringing paU- he has no settlement, a poor person, knovwing him to be pers into a tow.n. so, with intent to charge such town with his support, 2 Greenl., 5. forfeits a sum not exceeding one hundred dollars, to be ib.~ a38. recovered, to the use of such town, in an action of debt. Masters of yes- 27. When a vessel, with passengers on board having sels not to no settlement in this State, arrives at any port or harbor land passengers without within any town in the State, the master thereof shall bond or pay a leave a list of their names, and of the places from which sum per head. they came first on board, with the overseers of the poor lb. ~39. of such town, before they come on shore. He shall not land them without permission of the municipal officers, unless he gives bond to the town, with sureties approved by said officers, in a sum not exceeding five hundred dollars for each passenger, to save the town harmless from all expense on account of such passengers, as paupers, for three years. The officers, instead of a bond, may take two dollars for each passenger. PAWNBROKERS 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 twentyfive dollars, and six on larger. 4. Time and mode of selling pawned property, and notice thereof, fixed under a penalty. 5. Penalty for not paying over proceeds of sale, after deducting amount due on loan. 1. The municipal officers of any town may grant License andrelicenses to persons of good moral character, to be pawn- moval of pawnbrokers, brokers therein for one year, unless sooner removed by &c. said officers for a violation of law regulating their business; R. S., chap. 3. 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 a book, in which he To keepanacshall enter the date, duration, amount and rate of interest, count of all business done, of every loan made by him; an accurate account and under a penaldescription of the property pawned, and the'name and ty. residence of the pawner, and, at the same time, deliver ~ to said 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. 270 CITY ORDINANCES. Rates of inter- 3. No pawnbroker shall directly or indirectly receive est fixed. estb. fixe. any rate of interest greater than twenty-five per cent. a year on a loan not exceeding twenty-five dollars, nor than six per cent on a larger loan made upon property pawned, under a penalty of one hundred dollars for each offense. Time and mode 4. No pawnbroker shall sell any property pawned, of selling pawned prop- until it has remained in his possession three months after erty, and no- the expiration of the time for which it was pawned; and tice thereof, fixed nndera all such sales shall be at public auction by a licensed aucpenalty. tioneer, and after notice of the time and place of sale, the lb. ~ 4. 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, undertaking to make the same, shall forfeit twenty dollars for every such offense. Penalty for not 5. After deducting from the proceeds of any sale as paying over aforesaid the amount of the loan, the interest then due, proceeds of sale, &c. and the proportional part of the expenses of sale, such Ib. ~ 5. pawnbroker shall pay the balance to the person entitled 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. ORDINANCES. Fee for permits. Whenever a permit shall be granted to any person, Feefor permits, under the authority of any order or ordinance, the appli- Rev. Ord. 18s5. cant shall pay to the officer granting the same the sum of twenty-five cents, except in cases otherwise specially provided for. 272 CITY ORDINANCES. 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. Oil not to be sold unless inspected. Penalty. 5. Penalties, how enforced. 6. Duty of mayor, &c. Inspectors ap- i. In every city and town in this State containing two pointed. thousand inhabitants or more, the mayor and aldermen or the selectmen shall, on or before the first day of May, annually, appoint one or more persons to be inspectors of petroleum and coal oils and burning fluids, who shall be sworn to the faithful discharge of their duties. And it Their duties. shall be their duty, when requested, to inspect such oils Act, March 1, and burning fluids, by applying the fire test with s.ome 1867, ~ 1. accurate instrument, to ascertain the igniting 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. Casks, how to 2. Whenever any cask or vessel of such oil or fluid be marked. Will not bear the fire test of at least one hundred and twenty degrees Fahrenheit, without ignition or explosion, the same shall be marked as aforesaid, and shall also be'False arks, marked-unsafe for illuminating purposes. And if any how punished. inspector shall knowingly put false marks upon any such Lb. ~ 2. casks or vessels of such oils or fluids inspected by him, he shall be punished by a fine of not exceeding five hun PETROLEUM. 273 dred dollars, or by imprisonment for the term of six months in the county jail. 3. Every person and corporation engaged in manu- Casks mustbe facturing, in any city or town in this State, any such petroleum or coal oil or burning fluid, shall cause every cask or other vessel thereof to be inspected and marked as aforesaid, by a sworn inspector. And if any person, or the agent or the officer of any corporation, shall manufacture and sell within this State any such oil or burning fluid, without first causing it to be inspected and marked Penalty for neglect. as aforesaid, or that has been so inspected and marked Ib. ~ 3. as unsafe for illuminating purposes, he shall be punished by a fine of not exceeding five hundred dollars,' or by imprisonment six months in the county jail. 4. No person shall sell any such oil or burning fluid Oil not to be sold unless inwithout first causing each cask or vessel of the same to be spedeted. duly inspected and marked as aforesaid, unless it has already been so inspected and marked in this State or elsewhere; and if any person shall sell such oil or burnino fluid that has not been so inspected and marked, or Penalty. that has been so inspected and has been marked as unsafe lb. ~ 4. for illuminating purposes, he shall be punished by a fine of not exceeding five hundred dollars, or by imprisonment in the county jail six months. 5. All prosecutions under the second, third and fourth enforced. sections of this act shall be by indictment. lb. ~ 5. 6. The selectmen of towns, and the mayor, aldermen Duty of mayor, and police of cities, or any one of them, shall have the right &c. at all times to examine all such oils and fluids kept in lb. ~ 6. their respective cities, and towns, for sale, and to cause the same to be inspected and tested; and it shall be their duty to do so in all cases where they are informed or believe such oils or fluids are kept for sale in violation of law; and whenever they shall find any person keeping or selling any such oil or fluid in violation of the provisions of this act, it shall be their duty to cause such persons to be prosecuted therefor. 18 274 CITY ORDINANCES. PILOTS. STATUTES. 1. Appointment of pilots, 2. Board of Trade of Portland to appoint pilots for said city, 3. Their duty. Master may pilot his own vessel. 4. Fees, &c. 5. Liabilities of pilots. Appointment, 1. The governor, with advice of council, may appoint oath and bond pilots for any port, in which a majority of the ship owners of pilots.36, and masters apply in writing therefor and recommend R. S., chap. 36, 5~ 1.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. Board of Trade 2. By the provisions of " an act to incorporate the of Portland to Board of Trade of Portland," approved March twentyappoint pilots appor said city second, eighteen hundred and fifty-four, power was given Act, 1854, chap, to said board to appoint such number of pilots for the 232, ~ 2. 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 of said pilots as said board may deem just and reasonable. Their duty. 3. 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 coasting and fishing vessels, bound to sea out of any of said PILOTS. 275 ports, and shall pilot them into or out of the port assigned Master may them, first showing to the master thereof their branch Pilot his own vessel. and informing him of their fees; but any master may R.S.,chap. 36, pilot his own vessel without being subject to pay therefor. ~ 2. 4. The governor and council may fix the fees of Governorand pilotage; specify the same in the warrant of each pilot; council to fi fees, hear comtransmit to each collector of customs in said ports a plaints, and schedule thereof, to be hung up by him for public inspec- suspend or tion; hear and determine all complaints against such Ib. ~3. pilots for misconduct, and suspend or remove them and appoint others in their room. 5. If any vessel, while under the charge of such pilot, Liable for damis lost, run aground, or cast away, through his fault, he their caused lt shall be liable to pay the owner or insurer a just compen- lb. ~ 4. sation for any damage thereby sustained. 276 CITY ORDINANCES. POLICE. STATUTES. 1. Administration of police of city vested in mayor and aldermlen. 2. Cities authorized to establish police regulations. 3. Police officers authorized to act as constables in certain cases. 4. Criminals and fugitives from justice maybe arrested without a warrant. 5. Aid may be required by officer. Penalty for refusing. 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. 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. POLICE. 277 STATUTES. 1. By section five of the charter of the city of Portland, Powers of maythe executive powers of said city generally, and the admin- or and aldermen over istration of police and health departments, with all the pow- police. ers 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 municipal officers or in- Police, how constituted. habitants of towns, are vested in the mayor and aldermen, so far as relates to said city; and they are authorized to City charter, 1863, ~ 5. unite the watch and police 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 ordinance 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 esmay deem necessary for the prevention of crime, the tablishpolice regulations. protection of property, and the preservation of good order, R. s., chap. 3, not inconsistent with the laws of the State. ~ 27. Police officers 3. Police officers, duly appointed in any city, shall of cieties have powers of conhave all the powers of constables in all criminal matters, stables in certain matters. or relating to the by-laws of their city. R. S., chap. 80. ~ 46. 4. The city marshal of Portland, or other persons Criminals and legally qualified to execute criminal process within said fugitives from justice may be city, shall have power, without warrant, to arrest and arrested withdetain any person found in said city, upon information out a warrant. Act, 1853, chap. that such person has committed a crime in another State 167, ~ 2. or country, or in any city or town within this State, and is 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 proper or legal custody on a warrant or otherwise, according to thle nature of the case. 278 CITY ORDINANCES. Aid may be re- 5. Any officer aforesaid, in the execution of the duties quired by of- of his office in criminal cases, for the preservation of the ficer. peace, for apprehending or securing any person for the breach thereof, or in case of the escape or rescue of persons arrested on civil process, may require suitable aid therein; and any person, so required to aid, who neglects Penalty for re- or refuses so to do, shall forfeit to the use of the county fusing. fusing. h80not less than three, nor more than fifty dollars; and if he R. S., chap. 80, ~48. does not forthwith pay such fine, the court may punish him by imprisonment not exceeding thirty days. ORDINANCES. CITY MARSHAL. City marshal to 1. The mayor, by and with the advice and consent of be appointed. the aldermen, shall in the month of March, annually, appoint a city marshal, who shall hold his office until another be appointed and qualified in his stead. And the city marshal, before entering upon the duties of his office, To give bonds. shall give bonds, with sureties to be approved by the To be sworn. mayor and aldermen, in such sums as they may prescribe, Rev. Ord., 1855, and shall be sworn to the faithful performance of the as amended by city charter. duties of his office. Duties of city 2. It shall be the duty of the city marshal, from time nmarshal. to time, to pass through every street, alley, 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 lawv; to notice all offenses 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 offenders, 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 To carry into daily at his office, and at stated times. It shall be his effect laws and ordinances. duty to enforce and carry into effect, to the utmost of his Rev. Ord., 1855. power, all and each of the city ordinances according to POLICE. 279 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 be the duty of the city marshal to prose- Duty to prosecute all offenders against the laws of the State and ordi- cute offenders. nances of the city, within one week after detecting or ascertaining the offense or offenses 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 To lay before mayor and alconviction; to lay before the mayor and aldermen a correct dermen a statement of all prosecutions by him instituted before the statement of prosecutions, municipal court, within one week after their final determi- &c. nation. And it shall be his duty annually, to render to Torenderto the mayor and aldermen an account of the names of all mayor and alpersons from whom he may have collected fines, and for dermen, anawhat offense, and the sums so collected from each, during count of monies received. his term of office; and as often as once in thiee months, To pay over he shall pay over to the city treasurer all monies which he once in three may have received belonging to the city; and he shall months. further perform all such other additional duties, and To comply with rules and regucomply with all such regulations as may at any time be lations. prescribed to him by the mayor and aldermen. Ib. DEPUTY MARSHALS. 4. The mayor, by and with the advice and consent of Deputy marthe aldermen, shall in the month of March, annually, shils to be appointed. appoint two deputy marshals, who shall discharge all the o actascap duties of captains of the city watch, and they shall devote tains of city watch. all their time to the discharge of the duties of their office, Compensation. and they shall be entitled to receive for their services ob. as amended such compensation as shall be determined by the city by city charter. council. 5. It shall be the duty of said deputy marshals to act through the week, Sundays included, as the day police, to Duties of depuassist the marshal in the discharge of his official duties, to 280 CITY ORDINANCES. To obeyand ex- obey and execute all orders of the mayor and the city ecute orders of marshal, to officiate for the city marshal in his absence, to mayor and marshal. serve all warrants and subpoenas in criminal matters which To serve war- they may receive from the city marshal or municipal ant and sub- court, to endeavor to prevent all disturbances and violapcenas. tions of law, and to arrest and detain for further proceedings every person found by them violating any of the laws To obey rules, &ec. of the State, or ordinances of the city, and they shall Tb. obey all rules and regulations of the mayor and aldermen. Deputy mar- 6. Said deputy marshals are hereby invested with all shals invested the powers and authority of captains of the watch, and with power, &c., of cap- they shall, every other night, by turns, discharge the tains of watch. duties of that office, and act throughout the night as captain of the watch. The captain of the watch shall To assign to night police each night assign to the night police their respective limits. limits, and be present at the office, at the hour appointed by the mayor and aldermen for their discharge, to receive To receive re- their reports and discharge them from further duty, unless ports. 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 watchhouse, ascertain by his personal investigation when practicable, 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 In case of sick- unfaithful. In case of sickness or inability of either of sence,ss othe the deputy marshals to perform the duties incumbent on mayor to ap- him, the mayor shall have authority to appoint another point a deputy marshal. deputy marshal in his stead, so long as his services may.Tb. be required. 7. The mayor, by and with the advice and consent of Policemen, how appointed, the aldermen, shall also appoint, from time to time, such numbers of persons as they shall deem expedient, to constitute a police of the city, who shall be placed on duty at such hours and serve for such time as the mayor and POLICE. 281 aldermen shall determine; and they shall be entitled to such compensation for their services as the city council Compensation. shall determine. It shall be incumbent on the police, during the hours they shall be on duty, to patrol con- Duties. stantly throughout their respective limits, to endeavor to prevent all violations of law, and arrest and commit To arrest and to the watch house all persons found by them violating commit to n watch house, any of the laws of this State, or ordinances of the offenderscity; they shall obey all rules and regulations established To obey rules, &-c. by the mayor and aldermen, and the orders of the mayor, To obey orders marshal, or deputy marshals, and shall be subject to of mayor, &c. removal by the mayor, whenever in his opinion it shall Iby.s amended be deemed expedient. ter. 8. The mayor, by and with the advice and consent of Watchmenmay the aldermen may, from time to time, appoint such number be appoinited. Their duties. of watchmen as they may deem expedient, who shall be To besubjecttto sworn and shall perform such duties and be subject to such rules, &c. nRev. Ord., 1855,.. rules and regulations as are or may be established by as amended by the mayor and aldermen. city charter. 9. Said policemen and watchmen shall at all times, Policemen and either by day or by night, be subject to be called upon watchmen subject to be by the mayor or city marshal, to assist in quelling any calledupon for riot or disturbance, or arresting any offenders, or to per- extra services form any other duties of policemen that may be required Compensation. of them, for all which extra services they shall be paid lb. such compensation as the city council shall determine. 10. If any person shall resist the police in the Penalty for redischarge of their duty, or any member thereof, he shall sisti~g police in discharge of pay a fine of not less than ten nor more than fifty dollars duties. for each and every offense; and if any person shall neglect lb. 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. 282 CITY ORDINANCES. POLICE UNIFORM. Uniform of po- 1I. Ordered, That the dress of the officers and memlice; order of bers of the Portland Police Department, when on duty, mayor and aldermen. shall be in conformity to the schedule described as follows: April 20, 1860. City marshal to wear blue dress coat with police buttons, black pantaloons, merino vest, black hat with gold star in a rosette on 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 different pattern, when the officer is permitted to lay aside his uniform, or when he leaves the department; blue cloth cap of uniform style and shape, made with glazed covers. Marshal, deputy marshals and policemen shall wear dark blue overcoats, cut in uniform 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. PORTLA1ND & FOREST AVENUE RAILROAD, ORDERS AND ORDINANCES OF THE CITY. 1. Location of tracks. 2. Boutes of road. Turn outs. 3. Tracks to be laid in or near centre of streets. Grades and CIurVes. 4. Construction of tracks. Snow and ice, Rules and regulations. 5. Additional location. 6. Obstructions. 1. Ordered, That the tracks of the Portland and Locatioii of Forest Avenue Railroad Company shall be located in the tracks. city of Portland as follows; but upon the express condi- Order May 2St 1863. tion 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. 2. Said location beginning at or near the depot of the Routes of road. Atlantic & St. Lawrence railroad, and thence extending with one track over the following streets, viz: up India 284 CITY ORDINANCES. 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 Portland street, thence from the junction of Preble and Portland streets over Portland street to its junction with Parris street, thence from the junction of Portland and Parris streets over said Parris street, to its junction with Kennebec street, thence from the junction of Parris and Kennebec streets over said Kennebec 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 with 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 Atlantic street; also diverging from Congress street in front of the new city building at the head of Exchange street, and extending over said Exchange street to Middle street, with such turn outs as may 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. Tracks to be 3. The tracks of said railroad shall be laid in or near laid in or near the centre of the streets above named and to such grades centre of itreets. as shall be determined by the municipal officers; and the P. & F. A. RAILROAD. 285 curves around the corners of all streets shall be located Grades and curves. by the city engineer under the direction of the municipal officers, with the co-operation of the directors of said railroad company. 4. And this location is granted upon the express Construction of condition that in the construction of said tracks, 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 municipal 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 length 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 Slow aind ice, tracks, by shovels or by using such kind of snow plough as the street commissioner shall approve of, provided they level it off and grade outside 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 fromi their rails without first obtaining the consent of the street commissioner, 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 str:cet commissioner. But if their consent for removing said snow or ice is refused, 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. 286 CITY ORDINANCES. And upon the further condition that said railroad company shall faithfully observe and obey the following rules and regulations in using their road, viz: First-That no car shall be drawn at a greater speed Rulesand regu- on their road than six miles an hour. lations. Second-That while the cars are turning the corners from one street to another, the horses shall not be driven faster than a walk. Thlird-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 abreast each other except at stations. Fifth-That no cars 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, carriages, persons or children, the car shall be stopped in the shortest time possible. Eiyhth-That the conductors do not allow ladies or children to enter or leave the cars while in motion. Ninth —That no salt or other articles 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. 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: P. & F. A. RAILROAD. 287 And also upon the further condition that said railroad company shall accept the location hereinbefore specified, and agree to the several provisions, conditions and regulations connected with the same, within one month from March 1st, 1863, and said company shall file in the office of the city clerk, a duly certified copy of the vote agreeing to this location, with its conditions and regulations, within said one month, and make and complete, and put in running order said railroad in two years from said date, otherwise such portion as is not then made shall be null and void:. And also upon the further conditions that said railroad company shall comply with and obey any and all other rules, regulations, orders, ordinances, or requirements; which have been adopted, or may be adopted at any time hereafter by the municipal officers of Portland in relation to said railroad, or to the streets through which the tracks thereof are laid, not inconsistent with the rights herein granted: And upon the further condition that any similar corporation hereafter incorporated, which shall construct 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 mutu — ally agreed upon, and in case of disagreement of the directors of said companies, three disinterested persons shall be appointed by a judge of the supreme court, upon the application 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 companies, 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 288 CITY ORDINANCES. 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 anything contained in this order. Additional lo- 5. Ordered, That the Portland & Forest Avenue cation. iRailroad Company be, and they are hereby authorized to Order, Dec. 7' extend the location of their railroad from their present 1863. terminus on Clark street, over and upon 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. Obstructions.. 6. Any person wilfully placing an obstruction of any ord., Sept. 5, kind upon the rails of the Portland and Forest Avenue 1864. 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 ao file at city clerk's office, March 23, and April 24, 1863. PUBLIC BUILDINGS. ORDINANCES. 1. Committee on public buildings to be appointed. 2. To have care and custody of public buildings, except, &c Proviso. 3. To lease buildings belonging to city, subject, &c. 4. Committee to prepare plans, &c., of buildings to be erected, repaired, &c. 5. To publish notice of time and place for exhibition of same. 6. Proposals for work to be sealed. How opened. Not to be disclosed till contract is made. Proviso. 7. Contracts exceeding $500 to be in writing, and signed by the mayor. Not to be altered, unless, &c. 8. Expenditure not to exceed appropriations. 9. Purchases of land for erecting buildings, to be made under direction of committee. 10. No building or land appurtenant to be sold without an order from city council. 11. Repairs, &c., to be done under committee on public buildings. 1. There shall be appointed, annually, a joint comrn- Committeeon mittee of the city council, to be called the committee on public buildpublic buildings, to consist of two members of the board pointed. of mayor and aldermen, and three members of the common Rev. Ord., 1855. council. 2. The said committee shall have the care and custody To ave care of all buildings belonging to the city, and of the erection, and custody of public buildalteration and repair thereof, except as is otherwise ings, except, provided in this and other ordinances of the city, and I'c subject to such rules, orders and regulations as the city council may from time to time adopt: Provided, that the Proviso. 19 290 CITY ORDINANCES. school committee shall have the care and custody of the school houses belonging to the city. To lease build- 3. The said committee are authorized to lease any ings belonging building belonging to the city, which is not otherwise to the city,I subject, &c. appropriated, for any period not exceeding three years, and upon such terms and conditions as they may deem expedient, subject, however, to the approval of the mayor and aldermen; and in such case the lease shall be signed and executed by the city treasurer. Committee to 4. Whenever any building for the use of the city shall reareo lans, be erected, altered, or repaired, the expense of which ing-s to be may exceed the sum of five hundred dollars, it shall be erected, repaired, &c. the duty of the committee that may have charge of the:b1. same, to prepare or cause to be prepared the requisite plans and specifications of the work to be done. To publish no- 5. The said committee shall give notice in the newsticeoftimeand papers in which the ordinances of the city are published, place for exhibition ofsame. of the time and place of the exhibition of such plans and r~b, specifications as may be necessary to enable contractors to make their estimate of the proposed work. Proposals for 6. No proposal shall be received by the said comwork to be scaled. mittee, from any person offering to contract for such work,:ow opened. unless the same is sealed, and no proposal shall be opened Not to be dis- except in committee actually assembled, and the contents closed till con- of no proposal shall be made known to any person not a tract is made. member of the committee, until after a contract shall have been made, provided, always, that if any such proP ro;iso. lb. posals shall be offered by persons who, in the judgment of said committee, shall be incompetent to perform their contracts in a workmanlike manner, or irresponsible in respect to their means of faithfully executing the same. the said committee may in their discretion reject any such proposal, notwithstanding the same be at a lower rate than other proposals offered for the same work. Contracts ex-$500 7. In all cases where the amount of any contract shall to be in writ- exceed the sum of five hundred dollars, the contract shall ing, and signed by mayor. be in writing, and signed by the mayor on the part of the PUBLIC BUILDINGS. 291 city, and after being signed by the parties, no such contract shall be altered in any particular, unless a Not to be altered, unless, &c. majority of the said committee shall signify their assent lb. thereto, in writing, under their respective signatures, indorsed on the said contract. 8. The amount of expenditures for the foregoing Expenditures purposes, in any one year, shall never exceed the appro- not to exceed appropriapriations made by the city council for the same, and no tions. expenditure exceeding two hundred dollars shall ever be lb. made in the alteration or repair of any building, without an express vote of the city council authorizing the same. 9. Whenever the city council shall order the purchase Purchases of of land, for the purpose of erecting any building thereon, to bulideg undler direcsuch purchase shall be made under the direction of the tionofcornmittee. said committee on public buildings. lb. 10. No building, or land appurtenant thereto, shall be No building, &q'c., to be sold sold by any committee of the city council, without an withoutorder of city council. order from the city council authorizing such sale. lb. 11. All repairs, alterations or enlargements of any of Repairs, &c., to the public buildings belonging to this city, necessary or be done under committee on requiring to be made, shall be done under the direction of public buildthe joint standing committee on public buildings, and no ings. bill shall be allowed or paid by the city for any labor or Ord., Feb. 9, materials used in repairs upon any building belonging to the city, unless the same shall have been approved by said committee. [See chapter on CONTRACTS AND ExPENDITURES, P. 116, ante.] 292 CITY ORDINANCES. REBUILDING OF BURNED DISTRICT. STATUTES. 1. Bonds of city; amount and when payable. 2. Commissioners to negotiate loan. 3. " 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. Removals, 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. ORDER OF CITY COUNCIL. 1. Relating to bonds. STATUTES. Bonds of city, 1. For the purpose of aiding in rebuilding said city, amount and SO much of which was recently destroyed by fire, the city when payable of Portland is authorized to issue its bonds to an amount Acts, 1867, chapters 373, not exceeding two millions of dollars, payable in not 390. exceeding twenty years from their date, and bearing an interest at the rate of six per centurn per annum, payable at the option of the commissioners in any place in the United States, or payable in England in sterling. Commissioners 2. A board of four commissioners, citizens of said city, to negotiate shall be appointed by the mayor and aldermen of said city. loan. Each of said commissioners shall give bond to the city, in such sum as the mayor and aldermen shall determine, REBUILDING BURNED DISTRICT. 293 conditioned for the faithful discharge of his duty as commissioner. They shall receive such compensation for Their compentheir services as shall be established by the mayor and sation and aldermen. The bonds issued by virtue hereof, shall be Act, 1867, chap negotiated by said commissioners, under the direction of 373. the mayor, and delivered by the city treasurer upon the warrant of the commissioners. 3. The said commissioners, under such general regu- May loan upon lations as shall be established from time to time by the mortgages of real estate. mayor and aldermen of said city, shall loan the proceeds Acts, 1867, of said bonds in a safe and judicious manner, upon chapters 373, mortgages of real estate, for the purpose of building 390. 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 loams. reserve, a rate of interest not exceeding seven and three- Act, 1867, chap. 373. 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 Sinking fund. 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 received, excepting from the sale of said bonds, shall be placed to the credit of said sinking fund. The commissioners shall from time to time at their discretion, invest Moneys to be invested in sethe moneys on hand, securely, so that they shall be curities, how held and conproductive; and the same may be loaned on mortgages of veyed. real estate, as provided in section three of this act, or Ib. invested in the bonds issued under this act, or any other 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 securities. 6. Vacancies in the board of commissioners shall be vacancies, how filled by the remaining or surviving commissioners. Said filled. 294 CITY ORDINANCES. Removals, how commissioners, or any of them, shall not be removable made. 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 proceedings in equity, and to pass all proper decrees touching the same. Vacancies thus created shall be filled as above Succession in provided; and as often as any new commissioner or commanagement of property. missioners shall be appointed, the management of the lb. property then held shall rest by operation of law in such new commissioner or commissioners, jointly with the prior commissioners. 7. The city treasurer shall have the care and custody Duties of city of all moneys received from the sale of bonds, or from any treasurer. lb. 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. Accounts, re- 8. The said commissioners shall keep a true record of cords and re- all their proceedings, and an account of all sums received ports, how and when made. from the sale of bonds or from any other sources, and the lb. payments made of the same. They shall, annually, 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. Acceptance of 9. This act shall not take effect unless accepted by the Act by citi- legal voters of said city, at ward meetings duly called, zens. lb. and at least two thirds of the votes cast at said meetings, shall be necessary for the acceptance of the act.' I The act was accepted March 15, 1867, and March 20, 1867, Woodbury Davis, Eben Steele, Ambrose K. Shurtleff and Weston R11. Millikin were appointed commissioners. REBUILDING BURNED DISTRICT. 295 ORDER. PASSED MAY 6, 1867. 1. Ordered, That in accordance with the act of the Relating to legislature of this State, approved February 28, 1867, bonds. 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 commissioners 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 payable in lawful money of the United States of America, and at the option of the said commissioners 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. 296 CITY ORDINANCES. 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 magistrates 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 officers 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. Unlawful as- 1. If three or more persons assemble in a violent or sembly and tumultuous manner to do an unlawful act, or, being riot. 18 Maine, 346. together, make any attempt or motion towards doing a R. S., chap. lawful or unlawful act in a violent, unlawful, or tumul123, ~ 2. tuous manner, to the terror or disturbance of others, they RIOTS. 297 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 fine not exceeding five hundred dollars; and in case of a riot, each offender 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 may be conriot, may be indicted and convicted thereof alone, if it is victed, withalleged in the indictment and proved at the trial that out the others. three or more were engaged therein, and if known, they lb. ~ 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 Duty of magiswith clubs or dangerous weapons, or thirty or more, armed trate and ofor unarmed, are unlawfully, riotously, or tumultuously ficers todisperse unlawful assembled in any town, it shall be the duty of each of the assembly, &c. municipal officers, constables, and justices of the peace lb. ~ 4. 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 unlawfully assembled; and every person refusing to disperse, or to assist as aforesaid, shall be 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 refusing or neglecting to do his duty in relation thereto as aforesaid, shall be punished by a fine not exceeding three hundred dollars, 298 CITY ORDINANCES. When rioters 4. When persons, so riotously or unlawfully assembled, refuse to dis- neglect or refuse, on command as aforesaid, to disperse perse, &c. erse. ~ &. without unnecessary delay, any two of the magistrates, or lb. ~ 5. officers aforesaid, may require the aid of a sufficient -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 composing it; and when an armed force is thus called out, 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 the magistrates or officers mentioned in section four. if any person is 5. If, in the efforts made as aforesaid to suppress such killed or assembly, and to arrest and secure the persons composing wounded, officers held it who refuse to disperse, though the number remaining is guiltless, &c. less than twelve, any such persons, or any persons present lb. ~ 6. 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 acting 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 AND REMEDY FOR INJURIES BY MOBS. Punishment for 6. If any persons, thus unlawfully and riotously pulling down assembled, pull down, or begin to pull down, or destroy houses or pre- any dwelling-house, building, ship or vessel; or perpetrate meditated per- sonal injuries. any premeditated injury, not a felony, on any person, lb. ~ 7. each shall be punished by imprisonment not more than five years, or by fine not exceeding five hundred dollars; and shall also be answerable to any person injured, in an action of trespass to the full amount of damages by him sustained. RIOTS. 299 7. When the injury to any property as described in Liability of section seven [section above] amounts to fifty dollars or towys bylr insJ more, the town where such property is situated shall &c. indemnify the owner thereof for three-fourths of the value Ib. ~ S. of such injury, to be recovered in 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. ORDINANCE. i. In case of any riot, or unauthorized and tumultuous In case of riot, collection of persons, within the limits of the city, it shall marshal and other police be the duty of the city marshal, deputy marshals, police- officers to remen, watchmen and constables of the city, so soon as they pair to place of riot., are informed of the same, to repair immediately to the Rev. Ord., 1855. 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 To use power them by the ordinances of the city, or laws of this State, and authority quickly 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. 300 CITY ORDINANCES. SALE OF SECOND HAND ARTICLES. STATUTES. 1. Mayor, &c., may license junk shops, &c. 2. Licenses to designate place of business. 3. Liability of persons not licensed. Penalty. Mayor and al- 1. The mayor and aldermen of the city of Portland, dermen authorized to may license such persons as they deem suitable to be grant licenses to persons for keepers of shops for the purchase, sale, or barter of junk, certain purposes. old metals, bones, rags, or of any second hand articles, and Act, 1861, chap. 63. to be dealers therein. - to designate 2. The licenses to such persons shall designate the place of busi- place where the business is to be carried on, and the ness, &c. Ib. persons licensed shall be subject to such conditions, restrictions and regulations as may be prescribed by the mayor 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 licensed, liable. any shop or place for the purchase, sale or barter of the articles aforesaid, or for the storage thereof, or be a dealer 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 voked, liable. to him that said license has been revoked, under the Penaolty. ecov penalty of twenty dollars for each offense, to be recovered - how recov- y ered. by complaint in the municipal court for said city or by Mb. indictment. SCHOOLS, STATUTES. 1. Towns may choose school agents; vacancies, how filled. 2. School committee may appoint one of their number to perform certain duties. 3. Towns may choose committees of three or more. 4. Penalty for not choosing committee or supervisor. 5. 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. 0. Shall appoint persons to make complaints of violation of bylaws. 7. Truant children may be placed in suitable institutions. POWERS AND DUTIES OF SCHOOL COMMITTEES. 8. Committees, &c., must be sworn. 9. " their term of office. 10. " same subject. 11. " their duties. 12. " shall make annual statements. 13. " to furnish books if parents or guardians neglect. Delinquents may be taxed. 14. Committees, &c., may be paid for their services. 15. Blank school returns, when and how distributed. 16. School returns, when to be made. 17. Delinquent towns, when notified. Duty of secretary of State. 18. Amount to be raised in cities for schools. 19. School fund, when withheld. 20. Agent to return lists to school committee. 21. Duty of committee, if agent neglect to act. 22. Committee to return list to assessors. 23. Graded schools, money raised for, 302 CITY ORDINANCES. DUTIES AND QUALIFICATIONS OF INSTRUCTORS. 24. Teachers to keep school register. Not to be paid till register is completed. 25. Teachers to inculcate justice, morality and patriotism. PENAL PROVISIONS AFFECTING SCIIOOLS. 26. Penalty for disturbing schools. 27. Parents or guardians liable. ORDINANCES. 1. Committee to elect and remove teachers, determine their salaries, &c. 2. Salaries to be apportioned so as not to exceed appropriation. 3. Persons not vaccinated, not permitted to attend public schools. 4. Committee may cause scholars to be vaccinated at city expense. STATUTES. Towns may choose agents. 1. A town, at its annual meeting, may choose its Vacancies how filled. school agents; and vacancies may be filled as in case of R. S., chap. 11, other town officers not chosen by ballot. ~4. s. s. committee 2. The superintending school committee may appoint may appoint ony poif e of tof their number, who shall have all the power, and number to perform all the duties specified in the fifth and twelfth perform certain duties. items of the forty-ninth section of chapter 11, revised Act, March 16,statutes 1862. statutes. Towns may 3. Any town may choose a committee consisting of choose a committee with not less than three, all or one-third each year, and invest powers of~o them with the rights, powers and obligations of superinagents. R. S., chap. 11, tending school committee and school agents, including the ~ 10. power of determining the age and qualifications of scholars to be admitted into the several schools, of transferrischolars from school to school, of employing teachers, and expending money raised for school purposes. Penalty for towns failing 4. Any town failing to elect either of the committees to choose com- aforesaid, or supervisor for any year, shall forfeit not less mittees or supervisor, than thirty, nor more than two hundred dollars. lb. ~ 11. SCHOOLS. 303 5. Towns may make such by-laws, not repugnant to Towns to make by-laws conthe laws of the State, concerning habitual truants, and cerning truchildren between six and seventeen' years of age not ants. lb I. ~ 12, as attending school, without any regular and lawful occupa- amended by tion, and growing up in ignorance, as are most conducive Act, 1861, to their welfare and the good order of society; and may annex a suitable penalty, not exceeding twenty dollars, Penalty for for any breach thereof; but said by-laws must be first breachlthereof. approved by a judge of the supreme judicial court. [See chapter on TRUANTS.] Shall appoint 6. Such towns shall appoint, at their annual meeting, Paersos to one or more persons, who alone shall make complaints for taint of byviolaviolations of said by-laws to the magistrate having juris- I,. asamended diction thereof by said by-laws, and execute his judgments. by Act, 1861, 7. Said magistrate, in place of the fine aforesaid, may Truant chiorder children proved to be growing up in truancy, and dren placed in suitable instiwithout the benefit of the education provided for them by tutions. law, to be placed for such periods of time as he thinks expedient, in the institution of instruction, house of reformation, or other suitable situation provided for the purpose, under the authority conferred by section twelve of chapter 11 of the revised statutes. [See chapter on TRUANTS.] POWERS AND DUTIES OF SUPERINTENDING SCHOOL COMMITTEES. 8. Members of superintending school committees and Officers to be sworn. supervisors shall be duly sworn. Ib. ~ 46. 9. Superintending school committees, at their first Supsch. commeeting, shall designate by lot one of their number to hold mittee first chosen, term. office three years, and another, two years, and certify of office. such designation to the town clerk to be by him recorded. lb. ~ 47. 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 shall fill all vacancies 1 Truants between the age of eight and sixteen years may be sent to the reform school. See chapter on TRUANTS. 304 CITY ORDINANCES. in their number until the next annual town meeting. Two members shall constitute a quorum; but if there is but one in office, he may fill vacancies. Same of com. 10. Committees elected under section ten [of chapter under sec. ten. lb. 11, revised statutes,] unless chosen for one year only, shall hold office and determine their terms of office, as provided in the preceding section. Sup. sch co., 11. Superintending school committees shall perform duties of. the following duties: lb. ~ 49. Pirst.-They shall appoint suitable times and places for the examination of candidates proposing to teach in town, and give notice thereof. Examine can- Second.-On satisfactory evidence that a candidate didatesforin- possesses a good moral character, and a temper and disstructors. position suitable to be an instructor of youth, they shall examine him in reading, spelling, writing, English grammar, geography, history, arithmetic, and other branches usually taught in public schools, and particularly in the school for which he is examined, and also as to capacity for the government thereof. Give certificate. Third. —They shall give to each candidate found com27 Maine, 266. petent, a certificate that he is qualified to govern said school, and instruct in the branches above named, and such other branches as are necessary to be taught therein. Direct course of Fourth. —Direct the general course of instruction, and instruction. what books shall be used in the schools. And it shall be Uniform system of text the duty of superintending school committees to select a books, by whom selected. uniform system of text-books to be used in the schools of -notice.k the town, due notice of which selection shall be given; Text books, when and how and any text-book hereafter introduced into the schools of changed. Tb. as amended any town, shall not be changed for five years from the by Act, March 15, 1862. date of its introduction unless by a vote of the town. Examine fth.-Examine the several schools, and inquire into schools. 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 sum SCHOOLS. 305 mer, 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 May dismiss teachers for dismiss any teacher, although having the requisite certifi- sufficient cate, who is found incapable or unfit to teach, or whose cause. services they deem unprofitable to the school, and give Give certificate to said teacher a certificate of dismissal and of the reasons in such cases. therefor, a copy of which they shall retain, and immedi- 3 Greenl., 450. 16 Maine, 184. ately notify the district agent of such dismissal, which shall not deprive the teacher of compensation for previous services. Seventh.-Expel from school any obstinately disobedi- May expel disorderly scholent and disorderly scholar, after a proper investigation of ars, his behavior, if found necessary for the peace and usefulness 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 scholars not expedient, any person who is not vaccinated, though vaccinated. otherwise entitled by law to admission thereto. Nlrinth. —Direct or approve in writing the expenditure Direct expend;of school money apportioned to inhabitants not included tures. in any district. Tenth.-Prescribe the sum, on the payment of which Prescribe silst persons of the required age resident on territory, the to be paid in n V b ~~~~~certain cases, jurisdiction of which has been ceded to the United States, 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 designate the one where they may attend. Eleventh.-Determine what description of scholars shall May classify attend each school, classify them, and transfer them from "scolars. school to school, in districts where more than one school is kept at the same time, and no district committee is elected. 20 306 CITY ORDINANCES. To make annu- Twelfth.-At the annual town meeting, they shall al report. make a written report of the condition of the schools for As amended by At, aended b6, the past year, the proficiency made by the pupils, and the 61a. ssuccess attending the modes of instruction and government of the teachers; and they shall transmit a copy thereof to the superintendent of common schools. Shall make an- 12. They shall annually make out a statement, conlnal statemnent. taining the following particulars: [:b. ~ 50. First.-The amount of money raised and expended for Particulars. the support of schools, designating what part is raised by taxes, and what part from other funds, and how such funds accrued. Seeond.-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 district. Fifth.-The whole number, and the average number of scholars attending the summer schools; the whole number, and the average number of scholars attending the winter schools. 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 nunmber 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, full and complete answers to the inquiries contained in the blank forms furnished them under the provisions of law; certify that 5such statement is true and correct, according to their SCHOOLS. 307 best knowledge and belief; and transmit it to the office of the secretary of State, on or before the first day of April Return to secretary of State. in each year. When by reason of removal, resignation or death, but one member of the committee remains, he shall make said returns. 13. If any parent, master or guardian, after notice comnlittee to furnish books, from the teacher of a school that a child under his care is if parents or deficient of the necessary school books, refuses or neglects guardians neglect. to furnish such child with the books required, the super- lb. ~ 51. intending school committee, on being notified thereof by Delinquents the teacher, shall furnish them at the expense of the town; y Deb taed and such expense may be added to the next town tax of the parent, master or guardian. 14. Superintending school committees and supervisors Compensation shall be paid for their services, on satisfying the municipal for sp. hnd.u officers that they have made the returns to the secretary pervisors. of State required by law, one dollar and fifty cents a day lb. as amended - by Act, Feb. and all necessary traveling expenses, and no more unless Is, 1867. ordered by the town. 15. The secretary of State shall, on the first day of Blanlk school March in each year, forward to the clerk of the several retur'S when cities, towns and plantations, blanks for the annual school tributed. return, and registers for the school year commencing on ActFeb.18 1867, chap. 82, the first day of April following; and said clerk shall forth- ~1. with deliver the same to the superintending school committee of his respective city, town and plantation. 16. The superintending school committees or supervi- School returs:s to be made sors of the several cities, towns and plantations, shall make lay first, their annual school returns now required by law, into the Act, Feb, 15, 1850, chap. 55, office of the secretary of State, on the first day of May, ~ I. and shall give the number of scholars as they existed on Scholars numbered April the first day of April, preceding. first. 17. The secretary of State shall, on the first day of Delinquent June, notify the school committees of any towns whose towns notified returns were not received at his office in May, and shall lb ~ 2f annually ascertain on the first day of July, the number of 308 CITY ORDINANCES. children between four and twenty-one years of age, in the towns from which returns are received, and furnish a list List to be fur- thereof to the State treasurer, and the treasurer shall shred StaJte immediately after the first day of July apportion to the treasurer July first, and funds towns all State school funds for the year, according to such apportioned. list, and in the manner prescribed in section twenty-five, chapter eleven of the revised statutes. Amuount to be 18. Every city, town and plantation shall raise and raisedin cities, expend annually for the support of schools therein, a sum &c., for support of schools. of money, exclusive of the income of any corporate school R. s., dlalp. 11, fund, or of any grant from the revenue or funds from the ~by A, ameneb State) or of any voluntary donation, devise or bequest, or by Act, Feb. 22, 1865, chap. of any forfeiture accruing to the use of schools, not less 304, ~ 1. than seventy-five cents for each inhabitant, according to the census of the State, by which representatives to the legislature were last apportioned. School fund, 19. No town which neglects to raise the amount of whln. wit- money required to be raised by section one of this act, shall durinog the vear 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; provided, however, that all plantations shall be entitled to receive their part of the State school fund, when the inhabitants of such plantations shall have paid their part of all State and county taxes, and not otherwise. Agents to re- 20. Each school agent shall return to the superintendturn lists of ing school committee, in the month of April, annually, a persons from 4 to 2 yvears certified list of the names and ages of all persons in his of age to. S district, fromn fovrr to twenty-one years, as they existed on lb. ~ 3. the first day of said month, leaving out of said enumeration, all persons coming firom other places to attend any college or academny, or to labor in any factory, or at any If agent neg- manufacturing or other business. cmmits ttee to 21. If any school agent neglects to return the scholars ake eniof hol- of his district, as provided in section three of this act, the b. ~ 4. superintending school committee shall immediately make SCHOOLS. 309 such enumeration in such district and be paid a reasonable sum for the service, and the sum thus paid shall be taken from the amount to be apportioned to the district of such delinquent agent. 22. The superintending school committee shall return s. S. committee to make return to the assessors on or before the fifteenth day of May, of list of scholannually, the number of scholars in each school district, arsin each according to the enumeration provided for in sections three sessors. and four of this act. lb. ~ 5. 23. Any school district maintaining graded schools, Districts havmay raise for the support of schools therein a sum of ing graded schools may money not exceeding that which it receives from the town raise money. in addition thereto. lb. ~ 6. DUTIES AND QUALIFICATIONS OF INSTRUCTORS. 24. Every teacher of a public school shall keep a Teaclers to school register containing the names of all the scholars keel, school register. who enter the school, their ages, the date of each scholar's R. s., clap. 11, entering and leaving, the number of days each attended, ~ 56' 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. Not to be paid No teacher shall be entitled to pay for his services, until till register is the register of his school properly filled up, completed, completed. and signed, is deposited with the school committee or with a person designated by them to receive it. 25. The presidents, professors, and tutors of colleges, Instructors of the preceptors and teachers of academies, and all other colleges, &c., to inculcate instructors of youth, in public or private institutions, shall torality, jususe their best endeavors to impress on the minds of the tice and patchildren and youth committed to their care and instruction, Ib. ~ 57. the principles of morality and justice, and a sacred regard for truth; love of country, humanity, and a universal benevolence; sobriety, industry, and frugality; chastity, 310 CITY ORDINANCES. 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 constitution, and secure the blessings of liberty, and promote their future happiness; and the tendency of the opposite vices to slavery, degradation, and ruin. PENAL PROVISIONS AFFECTING SCHOOLS. Penalty for dis- 26. If any person, whether he is a scholar or not, turbing enters any school-house or other place of instruction schools. 35 Maine, 195. during or out of school hours, while the teacher or any lb. ~ 71. pupil is there, and wilfully interrupts or disturbs the teacher or pupils by loud speaking, rude or indecent behavior, signs, 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 dollars. Parents or 27. If a minor injures or aids in injuring any schoolguardianslia- house, out-buildings, utensils or appurtenances belonging ble. lb. ~ 72. thereto; defaces the walls, benches, seats, or other parts of said buildings by marks, cuts or otherwise; or injures or destroys any property belonging to a school district, such 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. ORDINANCES. mitteehoto oect 1. The school committee are authorized to elect all and remove such instructors as they may think necessary for the instructors, and determine public schools, and to determine,the amount of their &chiralaries, respective salaries; also to remove any instructor from 11ev. Ord., 1855. said schools, when in their discretion it may be proper; SCHOOLS. 311 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 city salaries of instructors, so council for salaries of instructors in the public schools, as not to exceed the apfixing the salary of each instructor in accordance with propriations the specifications of said committee on which the aggre- made by city council. gate amount of salaries may have been predicated, and on lb. which the appropriations shall have been made by said city council. Persons not 3. No person who has not been vaccinated or other- vaccinatel wise secured against any contagion of small pox, shall be not permitted to attend pubpermitted to attend any of the city schools. lic schools. lb. 4. The school committee may cause any scholar of Schoolcommitany of the city schools to be vaccinated by the city tee ay caue y scholars to be physician, at the expense of the city; and it shall be vaccinated at their duty to carry into effect the provisions of this and eityene of the preceding section, and for that purpose to make such Ib. rules and regulations as they may deem proper. 312 CITY ORDINANCES. SEAL OF THE CITY. ORDINANCE. Seal of the City. Se iof the city. The design hereto annexed shall be the device of the Rteo. Ord. 1855. city seal; and the motto shall be as follows, to wit" Besurgam, Sigillumn Civitatis Portlandic.." SIDEWALKS. [See chapter on STREET'S. SINKING FUND. ORDINANCES. 1. Committee on reduction of city debt. 2. Appropriations for payment of city debt. 3. Duty of auditor. 4. Committee may loan to city treasurer. 1. The mayor, the chairman of the board of aldermen Committee on and the president of the common council, shall be a corn- reduction of city debt. mittee to be called the Committee on reduction of the city Ord., July 1, debt, whose duty it shall be to cause all moneys passed to lS61. 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 writing in this respect, which shall be made and signed by all the members of said committee. 2. All balances of money unappropriated remaining Appropriations in the treasury at the end of any financial year; all excesses of city debt of income over the original estimated income; all balances Ib. as amended of appropriations original, or by additions remaining on the by Ord., Feb. books of the auditor; all receipts for premiums on city notes 7, 186. 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 the cemeteries of the city; all receipts on account of the principal sum of any stocks, bonds or notes now owned, 314 CITY ORDINANCES. or which may hereafter be owned by the city; and also of the annual city tax, such a sum as the city council of each year shall fix and determine not less than five per cent. of the then existing city debt; shall be and the same hereby is appropriated to the payment or the purchase of the principal of the city debt. Duty of audi- 3. It shall be the duty of the auditor, annually, to pass tor. to the credit of the committee on the reduction of the city Ord., July 1, debt, all receipts, the proceeds of either of the sources 1861. before 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. Committee may 4. The committee on the reduction of the city debt are ioan to city hereby authorized to lend on interest to the treasurer of treasurer. Jb. the city any amount so passed to their credit as aforesaid, which may not be immediately wanted for the purchase or redemption of said debt. 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 cominittees thereof. To furnish legal opinions. 4. To make annual report to city council of unfinished business. Report to be published. 1. In the month of March, annually, and whenever a City solicitor o be chosen. vacancy in the office shall occur, there shall be chosen by Rev. Ord., the city council, a solicitor for the city of Portland, who amended by shall have been admitted an attorney and counsellor of city charter. His qualifieathe courts of the State, and he shall be removable at the tions. pleasure of the city council. 2. It shall be the duty of said city solicitor, by himself His duties. or by some person by him duly authorized, for whose Rev. Ord.,, 18m. 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. 3. It shall be the duty of said city solicitor to com- To commenc, mence and prosecute all actions and suits to be com- andprosecute suits. menced by the city, before any tribunal in this State, lb. whether in law or equity, and also to appear and defend and 316 CITY ORDINANCES. To defend suits advocate the rights and interests of the city, or any of the against city. a 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 To appear be- appear before the legislature of this State, or any comfore the mittee thereof, and there in behalf of thl city, represent, lature and mes committees answer for, defend and advocate the interests and welfare thereof. 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 committee thereof, or by any ordinance or order; and he shall, To furnishlegal when required, furnish the mayor and1 aldermen, the OpinioIns. common council, or any joint or special committee of either branch thereof, and to any officer of the city government, who may require it in the official discharge of his duties, with his legal opinion on any subject tollching: the duties of their resective offices. To make annu- 4. It shall be the duty of said city solicitor, annually, al report to in the month of February, to report in writing, to the city city council of council, all the unfinished business in his department, tbusiness. 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 To be publish- may direct; which report shall be published with the other ed. annual reports to be made to the city council. STEAM ENGINES. [See chapter on NuISANCES.] STREETS. STATUTES. 1. Authority of city council over streets. Land damages. Appeal. 2. Original location of streets to be ascertained by city engineer. Persons may object, 3. Obstruction of streets on public occasions, 4. Portland Gas Company may lay pipes, &c. Liability for damagres. 5. Excavations near streets, how to be made; responsibilities. 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 report 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 teamns, &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. 318 CITY ORDINANCES. 10. Monuments not to be removed without, &c. Penalty. 11. Dangerous lots of land to be fenced. Penalty. Street commissioner shall cause lots to be fenced. 12. Streets not to be dug up, or gravel removed fromn, 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 allotted. Portion allotted to be used for building materials, &c. Rubbish, &c., to be carried away. In case of neolect, 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, without license.' Penalty. 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. Penalty. 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. Malking noises in 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. STREETS. 319 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 authorise 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. Provise. 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. 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. 55. City assume one-half the expense. 56. Names of streets to be recorded. Sidewalks and descriptions to be entered. 57. Alteration in sicewalls. Posts and trees not to be set without consent, &c. 5S. 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. (iM. 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. 320 CITY ORDINANCES. 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. Special appropriations for paving. 73. Committee to submit plans and estimates for paving. REGULATIONS RESPECTING GAS PIPES IN STREETS. 1. Company to give notice to the commissioner of streets of commencement of work. Of completion. Street commissioner to examine 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, to be 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 commissioner. In case of refusal, to be repaired at expense of company. 6. Restrictions respecting pipes laid in contact with drains or sewers. Course of drains, &c., may be changed. STATUTES. 1. The city council shall have exclusive authority Altlhority of to lay out, widen or otherwise alter, or discontinue any (itv council over streets. and all streets or public ways in the city of Portland, aity charter, without petition therefor, and as far as extreme low water 1853, ~ 9- mark; and to estimate all damage 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 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 STREETS. 321 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 office at least seven days previous to its acceptance by 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, excepting upon the report of said committee. The committee shall estimate and report the damages sustained by the owners of the lands adjoining Land danage. 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 Appeal. 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 prevailing 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 established, altered or discontinued, excluding the day of commencement of the session of said court. The appel21 :22 CITY ORDINANCES. 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 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 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 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. The original location of all streets and ways in Original location of streets'said city shall, once in ten years, or oftener, be ascertained to beascer-y by the city engineer, under the direction of the city countained by city engineer, bow cil, as accurately as prasticable-the location of different often. olb. ~21. streets being ascertained by him from time to time, when lb. ~ 21. expedient. He shall inake 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 papers in the city, of the time and place at which it will act upon STREETS. 323 said report. Any person may appear and object to the Perons ma report; and after a full hearing of all parties interested, object. 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. 3. The mayor and aldermen of said city may on Obstruction of public occasions, by their order, forbid the passing, streets onpublic occasions. temporarily, of horses, carriages or other vehicles, over or Ib.~ 22. through such streets or ways in said city, as they may deem expedient. Nothing in any city charter, or in acts Powersofcou.ty commisadditional thereto, shall be so construed as to deprive siouers toincounty commissioners of the power to lay out, alter or clude cities. Act, Feb. 23, discontinue county roads, within the limits of such cities. 1866, chap. 47. 4. The Portland Gas Company are authorized to lay Portland Gas down, in and through the streets of the city, and to take compaltyauthorized to lay up, replace, and repair all such pipes and fixtures as may down pipes, be necessary for the objects of their incorporation, first &c., in streets. Act, 1849, chap. having obtained the consent of the city council therefor, 288, ~ 3. 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 regulations 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. 324 CITY ORDINANCES. Liability for And said company shall in all cases be liable to pay to damages. 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 displacement of any street by said company, whether with or without the consent of the city council, together with counsel's 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. Excavations 5. Persons desirous of making an excavation near a near streets, street or public way, may make written application to the how to be made. Ie- municipal officers setting forth its nature and extent, and sponsibilities. requesting their direction thereon; and they shall in R. S., chap. 18, ~ 75. writing direct whether it may or not be made, and if permitted, the manner of making it; and when so made, no liability is incurred thereby. If not so made, the person 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. ORDINANCES. Names of 1. The several streets of the city shall continue to be streets to be called and known by the names given to them respectively continued. Rev. Ord., 1855. by the selectmen of the town of Portland, the mayor and aldermen of the city, or the city council, until the same shall be altered by the city council. committee on 2. There shall be appointed, annually, by the city laying out new streets to be council, a joint committee to be called the committee on appointed. laying out new streets, to consist of three members of the lb. board of mayor and aldermen, and three members of the common council. Committee to 3. Said committee, when thereto directed by vote of lay out, &c., new streets. the city council, shall lay out, widen or otherwise alter any street or public way, and estimate the damages any STREETS. 325 individual may sustain thereby; and they shall report to To estimate the city council, the laying out or alteration of such street damages. or way, with the boundaries and admeasurements thereof, To report to city council. together with names of the parties to whom damages lt. have been assessed therefor. 4. There shall annually be elected by the city council Commissioner of streets to be in convention, an able and discreet person, to be styled the elected. commissioner of streets, who shall continue in office until Ib. removed, or until a successor be appointed, and he shall be sworn to the faithful performance of his duty. He Tobesworn. shall receive such compensation for his services as the city compensation. council shall establish, and shall be removable at their May beremovpleasure; and in case said office shall become vacant by ed. death, resignation, or otherwise, a successor shall be forthwith elected in the manner prescribed. 5. It shall be the duty of the commissioner of streets Duties of comto keep all streets within the city safe and convenient for missioner. travelers, to superintend the general state of the streets, lb, sidewalks, lanes, alleys, public walks and squares of the city, to attend to the widening, alteration and repairs of the Sll not same; bat ha shall not be authorized to change the grade change the of any street, or make any permanent repairs thereon, grade of streets, withwithout having first obtained therefor the sanction in out, &c. writing of the committee on highways, sidewalks, and bridges. He shall make all contracts for the supply of To make contracts. labor and materials for the same, take general care of the To have charge carts and teams owned by the city, and make all necessary ofteams, &c. arrangements for cleaning the streets, disposing of manure, and removing house dirt. 6. All the powers given to, and all the duties required Powers ofstreet commissioners from the street commissioners of the town of Portland, as given to comdefined and declared by an act of the legislature, passed missioner of streets. on the nineteenth day of February, in the year eighteen lb. hundred and thirty-one, are in like manner given to and To pay damages required from the commissioner of streets, and any dam- sustained in consequence of ages or expenses which the city may legally sustain in neglect of 0 ~~~~~duty. 326 CITY ORDINANCES. consequence of any neglect of duty on his part shall be paid by him. Commissioner 7. The commissioner of streets shall make himself shall be acquainted with acquainted with the lines and bounds of streets, and lines, &c. of remove any fences or other obstructions in the lanes, alleys Ib. and squares, and he shall perform generally such duties To remove ob- relative to the same, as the mayor and aldermen or city structions. council may require. He shall make such arrangements To perform du-a ties prescribed with the overseers of the alms-house for the purpose of by men yor and procuring labor and materials, as the interests of the city city council, seem to require, and may have the teams owned by the city, To make arrangementsfor kept at the city farm, under such regulations as may be suly of la- agreed upon by him and the overseers of the poor, or whoever may have charge of the farm. Commissioner 8. The commissioner of streets shall as often as once shall discharge in every month, discharge all bills by him contracted as all bills once a month. commissioner, by funds to be supplied to him from the Ib. money received and appropriated for that purpose, and To render ac- also render to the board of aldermen a regular and comcount to board of aldermen. plete account of the expenditures by him incurred, which To keep ac- account shall be audited monthly by said board, and he count of receipts and ex- shall also keep an accurate account of all his receipts and ieuditures. expenditures, and present the same to the committee of'L'o present an- accounts for their examination and approbation, annually, nual account. that the same may be laid before the city council. To cause stone 9. It shall be the duty of the commissioner of streets monuments to to cause stone monuments to be erected at suitable places be erected, whenl, &c. in any street, alley, square, or public place, when thereto lb. directed by the committee on laying out streets, or the city To be recorded, engineer; and all monuments so erected shall be recorded in the street books. Monumentsnot 10. No person shall remove, or cause to be removed, ithout, rov&ced any monument placed at the corner of any street, or on lb. the line of any street, to mark the width or course of such street, without the permission, in writing, of the mayor and Penalty. aldermen first obtained, under a penalty of twenty-five dollars for each offense. STREETS. 327 1. Owners and lessees. of any lot of land abutting on Dangerous lots any street, lane, or private way in this city, which for of landto be fenced. want of a fence or rail shall be dangerous, shall place, or cause 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 the requirements of this section, he shall on conviction pay a penalty of not less than one dollar Penalty. 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 fence or guard, the street Street commiscommissioner shall forthwith cause a proper fence or rail to sioner shall cause lots to be be constructed in front of such lot, at the cost of the own- fenced. ers or lessees thereof. 12. No person or persons shall break or dig up, or Streets not to assist in breaking, or digging up, any part of any street, be dug up, or or remove any gravel or other similar thing therefrom, edfrom, without license,&c. without having first obtained the license of the mayor and lb. aldermen in writing, or of some person by them authorized for that purpose, under a penalty of not less than five nor Penalty. more than twenty dollars; and a like sum for every day that he shall neglect or refuse to repair the same, to the satisfaction of the mayor and aldermen. 13. Whosoever shall, by virtue of such license, break Streets broken or dig up, or cause to be dug or broken up, any part of up shall be reany street, shall, within such time as the mayor and alder- lb. men, or some person by them authorized, may order, cause the same to be repaired and amended, to the satisfaction of the mayor and aldermen, under a penalty of not less than Penalty. five nor more than twenty dollars for each and every day that he or they shall neglect or refuse so to do after such order. 328 CITY ORDINANCES. No drain or 14. No person shall open or make any drain or aqueaqueduct to be duct, or repair the same, by digging up the ground in any opened or repaired without street, court, alley, or other public place in the city, without license. first obtaining a license therefor from the mayor and aldermen, or from some person by them authorized, in writing, specifying in 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 sumn not less fPenalty. than five nor more than twenty dollars, and a like penalty for every day that the same shall continue open. When license is 15. When any person has obtained a license to open granted to or make or repair a drain or aqueduct, he shall complete open a drain, &c., streets to and finish the same with all possible dispatch, and shall in be reptisfaciretiod to fillin and covering up the same, do it to the satisfaction commissioner. of the commissioner of streets; and in case of neglect so to do, the said commissioner shall cause the same to be done in suitable manner, at the expense of the person One-half of to or for whom said license was granted, and one-half of street to be the street shall be kept constantly open for the passing of kept open. Zn teams or carriages, and the person who shall dig, make or repair any drain or aqueduct, shall keep a good and suffiailing to be cient fence or railing around the same durin(r the whole time of making or repairing thereof, except when the laborers are actually at work; and a lighted lantern or some To be lighted. 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 Penalty. part of this section shall be liable to a penalty for each offense of not less than ten nor more than fifty dollars. otice to ben- 16. Every person intending to erect or repair any given of ilntention to build. building upon land abutting on any of the streets, shall STREETS. 329 make the same known to the mayor, who shall have power and authority to allot such portion of the street, thereto Portion of adjoining, as he shall deem expedient and necessary, on street to be 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 Portion allotted to be used for part of said street shall be used for laying the materials for building maany such building or repairing, and for receiving the rubbish terials, &c. arising therefrom. And all the rubbish arising therefrom Rubbish, &c., (3 Znto be carried or thereby shall be carried away by the person or persons a.way. so building or repairing, at such convenient time as the mayor as aforesaid, may direct, and in case of neglect or In case of neglect, to be rerefusal so to do, it shall be removed by the commissioner mleov, tet exof streets, or other person authorized as aforesaid, at the perse of perexpense of such person or persons. And in all cases the portion so allotted shall be enclosed and lighted as prescribZn To be lighted. ed in the preceding section. Every person offending against any of the provisions of this section shall be liable to a penalty for each offeinse of not less than five nor more Penalties. Ib., as amendthan twenty dollars, and a like sum for every day such ed by city offense shall be continued or repeated. chlarer, ~ 10. 17. No person shall place or cause to be placed in any Lumber, stones and building of the streets, alleys, squares, or other public places of the materials not city, any lumber, stone, or building materials of any kind, to be laiced in streets to reand suffer the same to remain over six hours, without the main over Six permission of the mayor and aldermen, or of some person hours by them authorized, and every person offending against either of the provisions of this section shall be liable to a Penalty. penalty of not less than five nor more than twenty dollars lb. for each offense, and the city marshal may remove any May be removsuch lumber or other materials at the expense of the owner edl at expense or owners thereof. of owner. 18. When the owner or owners of any such articles Proceedings mentioned in the preceding section, shall be unknown, or whben owners refuse to rebeing known, after notice by the city marshal, shall neglect,,ove tem. or refuse to remove the same within the space of twenty- lb. 330 CITY ORDINANCES. 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 auction. to be sold at public auction, and after deducting the reasonable expenses and charges of such sale, he shall pay the balance into the city treasury. No person to 19. No person shall blast any rock or other substance blast rocks within fify with gunpowder at any place within fifty rods of any street rods of street, or public place in the city, without license of the mayor without license, and aldermen, in writing, specifying the terms and condilb. tions on which said license is granted, under a penalty of not less than twenty dollars for each offense; provided, however, that the remedy of any person injured by the blasting of rocks shall not be affected by this section. Penalty. 20. No person shall play at bat and ball, or foot ball, Persons not to play bat and or throw stones, brick bats, clubs, or snow balls within any ball. of the streets, alleys, squares, or other public places of Not to throw snow balls. the city, under a penalty of not less than one nor more PlIb. es~ than twenty dollars for each offense. Penalties. Not to shoot 21. No person shall shoot with or use a bow or arrow, rwitbowand in any street, alley, or square within the city, under a arrow. Penalty. penalty of not less than one nor more than twenty dollars lb. for each offense. Not to fly kites. 22. If any person shall in any street, alley, or public lb. place set or fly a kite, or shall course or coast upon a sled Not tocoast on or skate on any side walk in the city, such person shall sleds or skate. forfeit and pay for each offense a sum not less than one Penalty. nor more than ten dollars. Gaming tables 23. No person shall expose in any street, alley, square, and devices not tobexe- or other public place, any table or device of any kind posed in whatsoever, upon or by which, any game of hazard or streets. lb. chance can be played, and no person shall play at any STREETS. 331 such table or device, or at any unlawful game in any Noperson to street, alley, square or other public place, or on any of play at unlawtll games in the wharves, under a penalty of not less than five nor street. more than twenty dollars for either of said offenses. 24. No person shall swim or bathe in the waters No person to swim or bathe surrounding the city,'which are adjacent to any of the il exposed sitwharves, bridloges, avenues, or railroads leading into the uations. Ib. same, so as to be exposed to view of spectators, under a penalty of not less than five nor more than twenty dollars lty. for each offense. 25. No person shall take or carry away any street Manure not to dirt or manure, collected from any street or public place be taken from streets within the city. without permission of the commissioner of out permisstreets first obtained, under a penalty for every offense of sion. lb. not less than three nor more than ten dollars. 26. No person shall obstruct any street, or any part Streets shall thereof, by placing therein any house, barn, stable, shop, ot utbe obor other building, and no person shall remove or draw moving of buildings. through or upon any street, any house, barn, stable, shop, buding (O a ~~~~~~~~~~~~~~~~lb. or other building, without first obtaining permission of the mayor and aldermen, and filinr a bond with sufficient sureties, approved by the mayor, with the treasurer of the city, conditioned to indemnify the city for all damages sustained by drawing or movino such building; and if any Building obbuildinog shall remain in any street or place, beyond the structing 0)~~ ~streets to be time allowed by such permit, it shall. be the duty of the removed at city marshal, when directed by the mayor and aldermen, exense of to cause such building to be taken down or removed out of the street at the expense of the owner thereof. 27. Any person offending against either of the pro- Penalties visions of the preceding section shall forfeit and pay for Ib each offense 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. 332 CITY ORDINANCES. No goods or 28. No person shall place, or cause to be placed, or merchandise shall suspend or cause to be suspended from any house, to be placed so as to pro- shop, store, lot, or place, over any street, any goods, Ject into wares or merchandise whatsover, or any other thing, so lb. that the same shall extend or project from the wall or front of said house, store, shop, lot, or place, more than one foot towards or into the street, under a penalty of not Penalty. less than three nor more than twenty dollars for each offense. Awnings may 29. It shall be lawful to place, or continue to mainbe placed. tain awnings and shades before any house, shop or store, Regulations, in any street, upon the terms and under the regulations lb. mentioned in this section, and not otherwise; provided that the mayor and aldermen, as to particular buildings or streets, may order that no awnings or shades shall be erected. Such awninos 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 3less than eight feet in height, 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 directions in relation to the materials, the construction and maintenance thereof, which 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 provision or direction. Signs, &c., not 30. No person shall hang, erect or fasten any sign, toproect ito show-)ill, lantern, or show-board of any description whatlb. ever, which shall project into any street more than one foot, under a penalty of not less than five nor more than Penalties. twenty dollars for each offense, and a like penalty for every day such sign, show-bill, lantern, or other board STREETS. 333 shall be continued after an order to remove the same, given by the mayor and aldermen, or any person authorized by them. 31. No person shall in any street or other public Making noises place make any loud and unusual noises, by shouting, in strceetsfor bidden. sounding horns, drums, or any instrument or thing, nor lb. 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 offense. 32. No person shall stand in any street or on any Grinding cutsidewalk for the purpose of grinding cutlery, or for the l"Yer &C., in ~7~' 0 y streets forbidsale of any article, or for the exercise of any other busi- len, unless licensed. ness or calling, unless duly licensed by the mayor and lb. aldermnen, under a penalty of not less than three nor more than twenty dollars for each offense. 33. No person shall construct or place, or cause to be Porticos, constructed or placed, any portico, porch, door, window, porclhes, &c., or steep which shall project into any street, under a intto streetc. penalty of not less than twenty dollars for each offense, Penalty. and a like penalty for each day that the said portico, Ib. 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 continue Cellar doors, to maintain any cellar door, or cellar door-way, in any &c. sidewalk, or projecting into any street, for the purpose of lb. being kept open as a common entrance, except as herein provided. No occupant or other person having the care of any bailding, shall suffer any cellar door, or cellar door- Not to remain way, connected with such building, which projects into any open, unless way, licensed. street to remain open, or the platform thereof to be removed more than fifteen minutes during any part of the night time, or for more than two hours in the whole during the d v time, unless duly licensed so to do by the mayor and 334 CITY ORDINANCES. aldermen, and in all cases whenever any such cellar door or door-way shall be open in the night time as aforesaid, Light tobekept a good and sufficient light shall be kept at the entrance of at entrance. such door or door-way. Every person offending against any of the provisions of this section shall forfeit and pay Penalties. a penalty of not less than five nor more than twenty dollars for each offense. Entrance and 35. Every entrance or flight of steps descending steps to be se- immediately from any street, into any cellar or basement cured with railings or story of any building, where such entrance or flight of chains. steps shall not be safely and securely covered, shall be Ib. enclosed with a railing on each side, permanently put 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 to be light over the steps to prevent accidents, be closed during placed. the night. And any person who shall be guilty of a violation of any of the provisions of this section, shall be liable to a penalty of not less than five, nor more than Penalties. 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. 36. No person shall make, or cause to be made, any Apertures andl coal-holesnot aperture in or under any street or sidewalk, for the purto be made without pose of constructing coal-holes, or receptacles for any license. other article, or for light or air, or for an entrance, or for lb. any other purpose, extending more than eighteen inches into the street, without the license of the mayor and aldermen, under a penalty of not less than two nor more Penalty. than twenty dollars for each offense, 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 marshal, or deputy marshal; and no person shall leave STREETS. 335 such coal-hole or other aperture open or unfastened after Not to be left sunset, nor in the day time unless while actually in use, open. with a person or persons by the same, under a penalty of Penalty. not less than two nor more than ten dollars for each offense. 37. No person shall affix or place, or cause to be Gratings in affixed or placed, or continue in any street or sidewalk, sidewalks not to extend more any grating, extending more than eighteen inches into the than eighteen innhles. street, without the license of the mayor and aldermen, Penalties. under a penalty of not less than two nor more than twenty lb. dollars for each offense, 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 and aldermen, upon application there- Mayor and for, may authorize the construction of coal-holes or alltorize the apertures for the purposes herein before mentioned, and constructionof coal- holes and gratings therefor, to extend more than eighteen inches gratings. into the street, in such manner as they deem suitable, and lb. under the direction of the commissioner of streets, or some person by him authorized, at the expense of the applicant; and they may also authorize the continuance of any grating already constructed, provided that in no Nottoextend case shall any grating be authorized to extenid more than more than three feet. three feet into the street. 39. No person having for the time being the care or Horses shall not be driven use of any horse or other beast of burden, carriage or street at a draught, shall ride or drive or cause the same to be driven faster rate than six miles through any part of the city at a faster rate than six miles an, hour. an hour, under a penalty of not less than five dollars nor lb. more than twenty dollars for each offense. Penalty. 40. No owner or person having the charge of any Horses,cattle, horse, kine, swine, sheep, goat, or other grazing animal, and swine not to run atlarge. shall turn into nor permit the same to go at large in any lb. street, or public place, under a penalty of not less than Penalty. five dollars nor more than twenty dollars for each offense. 336 CITY ORDINANCES. Horses or ani- 41. No person shall, within any of the streets, alleys, malsnottobe squares, or public places of the city, by means of any frightened. lb. words, noises, gestures, or any other act, wantonly frighten or drive any horse, or other animal, under a penalty of Penalty. not less than five dollars nor more than twenty dollars for each offense. COMMERCIAL STREET. Speed of trains 42.'No railroad engine, car or cars, whether sepain Conmercial rately, or in connection with any train, shall be allowed street regulated. to pass on or over any part of Commercial street, in this lb. city, at a speed exceeding the rate of six miles per hour. And all railroad corporations are hereby restricted and prohibited from passing on or over said street, with any locomotive enoine, or car, or cars, as aforesaid, at a speed exceedino the rate aforesaid. Bellsoflocomo- 43. Every railroad corporation shall cause the bell of tives to be each locomotive engine to be rung, and kept ringing, rung. Ib. cduring the whole time of its passing on or over said street, except when, to prevent accident, it may be necessary to break up or stop, in which case notice thereof shall be given by the steam whistle. Brakemen to be 44. Every railroad corporation shall cause a suitable attached to number of brakemen to be attached to the brakes of the brakes. lb. several cars, and shall cause all such brakemen to attend to, and promptly perform their appropriate duties, at their respective brakes, and to continue at said brakes while passing in said street. Penalties. 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 preceding sections, such corporation shall forfeit for every such neglect or refusal the sum of fifty dollars, to the use of the city. STREETS. 337 46. All articles brought by railroad, to be landed in,Aricles to be Commercial street, shall be unloaded on the southeast side unloaded on southeast side of the railroad track. And every article landed in the of railroad street, either from or for the purpose of being loaded upon trmck. the cars shall be so placed as not to obstruct any street or Not to obstruct passage-way crossing Commercial street, or connecting streets leading Zr~~N~-WdV I1Wd VI VUNII~~~~d to, or passage with it, and so as to leave a clear space not less than ways. fourteen feet in width from the coping stone, and shall not be allowed to remain in the street over six working hours after they are landed. Provided, however, that cars may Proviso. be unloaded into stores, and loaded from stores, on the lb., as amended by Ord., northwesterly side of said railroad track, after five o'clock 1864. in the evening, from the first day of April to the first day of October, and after four o'clock in the evening during the other six months of the year. 47. No railroad engine, tender, or car, whether sepa- Engines, &c., not to obstruct rately or in a train, shall be allowed to stop on Commercial streets or passtreet, in such a manner as to obstruct any street or sage ways. passage way crossing Commercial street, or connected Rev. Ord., lS5. with it, nor to remain standing on any part of the street any longer time than is actually necessary for unloading or taking in the freight of such car or train. 48. No side track or turn-out shall be laid in Com- Side tracks or mercial street, except by permission from the mayor in turln-outsnot writing, and under such restrictions in regard to its without permit of mayor. construction as he may prescribe; and whenever such it of mayor. permission is granted, it shall be the duty of the street Street comlniscommissioner to superintend the work, and he shall be sioner to superintend the authorized and required immediately to remove any side- ame.d t track or turn-out laid or maintained in violation of this section. 49. No vessel or boat of any description shall be Vessels or boats allowed to be made fast to the sea-wall or coping-stone, or not to be made fast to sea any other part of Commercial street, nor lay at the head wall or coping of any dock along said street, so that the jib-boom or bow- stones. Ib. sprit, or any other fixture of the vessel or boat shall 21 338 CITY ORDINANCES. Not tolay so as project over the line of the street, so as to obstruct the jib-boom, &c., may project. passage way, nor shall any article be landed from, or be Articles not to be shipped or shipped on board any vessel or boat, on or over the copinglanded over coping stones. stone of said street. Penalties. 50. Any person, or corporation, master, or owner of any vessel or boat, violating any of the provisions of the lb. four preceding 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 offense. SIDEWALKS. Width of side- 51. The joint standing committee on highways, sidewalks regulat- walks and bridges, are hereby empowered so to regulate ed. lb. the width and height of the sidewalks of any of the streets, as shall, in their judgment, be most conducive to Sidewalks may the convenience and interest of the city, and the city be accepted after put in council may accept such sidewalks, after the same shall repair. be put in good and perfect repair by the abutters on such streets, and after the same shall be relinquished in writing to the said city, by such abutters. City to main- 52. After such relinquishment and acceptance, such taelin sidewalks sidewalks shall be maintained at the expense of the city, Proviso. provided that when any sidewalk shall require repair, in lb. consequence of any defect in the cellar door, curb, step or steps, cellar window, coal-hole, cellar 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. Bricks and sand 53. The commissioner of streets is authorized, whento be furnished to lay side- ever approved of by the committee on highways, &c., to walks. furnish at the expense of the city, good bricks and sand lb. at the rate of five and one-half bricks for every superficial square foot of sidewalk, to any owner or occupant of any estate, adjoining which a sidewalk is necessary; and in cases where bricks are thus furnished, the sidewalk shall STREETS. 339 be laid down under the direction of the commissioner of To be laid unstreets, and in all cases the person to whom the bricks tier tlesdirecare thus furnished, shall furnish such curb stone as shall commissioner. be approved of by the commissioner of streets, and shall pay the expense of setting the same and for laying the bricks. 54. Whenever the city council may require the side- When city walk or foot way in front of any lot of ground, fronting oodcilrequir on any street or way, in the city of Portland, to be paved, paved. it shall be the duty of the commissioner of streets to notify Ord., June 2, the owner or tenant of such lot, in writing, of such require- 1863. ment. 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 city assume cost or expense of paving the sidewalks or footways of the one-half the expense. streets of said city, as provided for in the preceding Ib. section, said cost or expense to be estimated 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. 56. The city clerk shall keep a book in which the Names of names of the streets shall be alphabetically arranged, and streets to be recorded. in which all the sidewalks which now are, or may hereafter Rev. Ord., 1865. be accepted as aforesaid, shall be entered with the date Sidewalks and of such acceptance, the length and width of each side- description to be entered. walk, and the names of the owner or owners of the adjoining estates. 57. No person shall make any alteration in any Alteration in sidewalk, or set any posts or trees on any of the sidewalks, sidewalks. or in any part of the street, without the consent of the Ib. mayor and aldermen, or some person by them authorized, 340 CITY ORDINANCES. Posts and trees under a penalty of not less than five nor more than twenty not to be set without con- dollars for each offense. sent, &c. Carriages, hand 58. No person shall drive, wheel or draw, any coach, carts, &-c., not cart, hand-cart, hand-barrow, or other carriage of burthen to go on side- o walks. or pleasure, except children's hand carriages, and drawn lb. by hand; or drive or permit any horse or other animal Horlses or ani- under his care to go or stand upon any foot-path or sidestand upon. walk in the city, under a penalty of not less than five nor more than twenty dollars. Wood not to be 59. No person shall saw or split any firewood upon sawed or split any footwalk or sidewalk of any street, nor place the same upon. lb. thereon, and no person shall stand on any such 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 group, Persons not to stand in a or near to each other, on any sidewalk or crosswalk or group upon in any street or public way in such a manner as to obstruct side or crosswalks, so as to a free passage thereon or therein, after a request from any obstruct, &c. person to make way, under a penalty of not less than two Penalty. nor more than ten dollars. And if three or more persons, standing in a group or near to each other, on any sidewalk or cross-walk, or in any street or public way in this city, so as to obstruct the walk, street, or way in any manner, shall To move on. refuse or neglect to pass on immediately, on being directed so to do by the mayor, any alderman, city marshal or deputy, or any policeman, constable, or watchman, they shall each and severally be liable to a fine of not less than Penalty. five nor more than fifty dollars. And if any persons shall lb., as amend- be found standing in groups of three or more persons, on ed by Ord., May 18, 1867. any 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 five nor more than twenty dollars for each offense. STREETS. 341 61. No person shall place or cause to be placed upon Goods not to be any foot-path or sidewalk in the city, any lumber, iron, folaot or sidecoal, trunk, bale, box, crate, cask, package, or article or walks, to obthing whatsoever, so as to obstruct a free passage for foot passengers, for more than ten minutes, under a penalty of Penalty. 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 officer, the person or persons so offending shall be liable Penalty for to a penalty of not less than five nor more than ten dollars suffering to for every such offense; and for each and every hour remain after notice. thereafter that the same shall be suffered to remain, the Rev. Ord., 1855. person or persons so offending shall be liable to a penalty of not less than five nor more than ten dollars. Provided, Proviso. that nothing contained in this section shall be deemed to extend to such goods, wares or merchandise as shall in conformity 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 tenant or occupant, and in case there should Snowtobe rebe no tenant, the owner, or any person having the care of moved from any building or lot of land bordering not more than one ootway lkor hundred and fifty feet on any street, lane, court, square, or public place within the city, where there is any footway 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 of the clock of the forenoon succeeding, cause such snow to be removed from such footway or sidewalk, and, in default thereof, shall forfeit and pay a sum not less than two dollars, nor more tha~n ten dollars; and for each and every hour thereafter that the same shall remain on such footway or sidewalk, such tenant, occupant, owner or other person, shall forfeit and 342 CITY ORDINANCES. Penalty. pay a sum not less than one dollar, nor more than ten dollars. And if such building or lot should extend more Ib., as amend- ed by Ord., than one hundred and fifty feet, on any street or land, it Jan. 22, 1857. shall be the duty of such tenant or occupant, 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. To apply to snow falling 63. The provisions of the preceding section shall also from buildings. apply to the falling of snow from any building. Ib. Ice to be re- 64. Whenever the sidewalk, or any part thereof moved from adjoining any building or lot of land on any street, shall sidewalks, or to be covered be encumbered with ice, it shall be the duty of the occuwith sand, &c. pant, 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 Penalty. 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. Ice thrown into 65. Every person who shall lay, throw, or place, or streets to be placed evenly, cause to be laid, thrown or placed, any ice or snow into and to be any street within the city, shall cause the same to be broken into small pieces. broken into small pieces, and spread evenly on the surface lb. of such street, and in default thereof shall be liable to a penalty of not less than two dollars, nor more than five dollars for every offense. Word streets to 66. Whenever the word street or streets is mentioned include alleys, in this or any other ordinance, it shall be understood as lanes, &c., unless, &c. inclufding alleys, lanes, courts, public squares, and public lb. places, and it shall also be understood as including the sidewalks, unless the contrary is expressed, or such construction would be inconsistent with the manifest intent of the city council. STREETS. 343 67. The foregoing provisions shall not be taken or Provisions of construed as limiting in any manner the legal rights and preceding secduties of the commissioner of streets to make any altera- lilit rights and duties of tions and repairs in the streets, which he may deem the atreetcoisafety and convenience of the inhabitants to require. missioner. lb. [See city charter, section 23.] STREETS ON BACK COVE FLATS. 68. The city council upon the petition of the proprie- Of streets on. Back Cove tors of Back Cove flats, will accept and lay out any neces- fats. sary and desirable streets of suitable courses and widths Ord., Nov. 2, in said Back Cove, from Tukey's bridge to Deering's 1863. 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; andprovided, 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. LINES AND GRADES OF STREETS. 69. The first section of the ordinance on buildings is Amendmentof so amended, that the notice therein provided, shall be first section of Ord. on buildgiven to city engineer instead of the mayor and aldermen; ings. and the same is further amended, so that, on request, the Ord., March 24, city engineer shall give the party so notifying, the line 162. and grade of the street, without fee. 70. It shall be the duty of the city marshal, street Encroachments commissioner and city engineer, to give notice to the streets. 344 CITY ORDINANCES. mayor, of all encroachments made or threatened, 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. No new grades 71. Hereafter, no new grade shall be fixed for any fixed, or old ones changed, street, and no old grade shall be changed, except by vote except by vote of the city council. All petitions, orders, and other of city council. lb. propositions for new grades, or changes of grades, shall be Of petitions for referred to some committee, who shall investigate the case, grades. hear all parties interested, first giving all said parties Notice. notice of said hearing by advertising 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. PAVING STREETS. Special appro- 72. In every future year, one-fifth part of the whole priations for annual appropriation for streets, sidewalks and bridges, paving. Ord., March 31, shall be expended in paving streets and portions of streets 1862..not then paved. Committee to 73. In all cases, before paving streets or portions submit plans thereof not paved, the committee on highways, sidewalks anrd estimates for paving. and bridges shall submit their plans and estimates for such Ib. proposed paving to the city council for approval. This ordinance does not apply to the paving of gutters and side drains. REGULATIONS RESPECTING THE LAYING OF GAS PIPES IN STREETS. Regulations 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 Com STREETS. 345 pany, 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 Company to b nzn zn ~~~~give notice to street, for the purpose of laying clown, taking up, or re- tue commissioner of pairing any gas pipes or fixtures, shall give notice in ets of crwriting to the commissioner of streets of said city, of their mencement of intention so to do, specifying the street or streets, and the w points of commencement and termination of their proposed works;.and when said work is completed they shall give Of completion. Street cornnotice thereof in writing to said commissioner, who shall missioner to proceed immediately to examine into the manner said examine same. work has been done, and if the same has been done to his satisfaction, he shall certify the same to said company. 2. No street or sidewalk, or any part thereof, shall be Streets notto dug up or broken into, for the purpose of laying service b&cdugitou pipe, or setting lamp posts, between the first day of consent of mayor and alDecember and the fifteenth day of April of each year, dermen. without the permission of the mayor and aldermen, in writing, under a penalty of twenty dollars and a further Penalties. penalty 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 Streetsnottobe dug up, &c., for the laying of main pipes, between the first day of before pipes November and the first day of May in each year, under a aredready to be laid down. penalty of twenty dollars for each offense, 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 gas pipes are prepared and placed in the vicinity ready to be laid down. 3. Said company shall be liable for all damages occa- Liability of sioned by the digging up and opening any street, or company for damages. 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 346 CITY ORDINANCES. 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. Trenches made 4. All trenches left open after dark, shall, by said to be fenced company, be safely railed or fenced in, and be sufficiently and lighted. lighted to protect the public from damage or accident therefrom. Work to be 5. Whenever any street, or any part thereof, is taken,enient dis- up for the purposes aforesaid, said company shall perform patch. the work proposed to be done, with all convenient dispatch, Streets to be and as soon as the same is done they shall repair such repaired. street and put the same in as good condition as it was in before such taking up, and shall cause all surplus earth, Materials, rub- stones materials, and rubbish to be immediately removed bish, &c., to be removed, from the street; and whenever such street, or any part thereof, or any pavement thereon, shall thereafter and Company to re- within the time specified in section two, settle or become pair streets to satisfaction of out of repair by reason of the works aforesaid, the said commissioner. company shall thoroughly and completely repair the same, In case of re- to the satisfaction of said commissioner of streets. In case fusal, to be re- said company refuse or neglect to repair the same, after paired at expenseofcom- one day's notice therefor by said commissioner, he shall pany. proceed to repair the same at the expense of said company. Restrictions re- 6. Whenever any of said pipes, in laying them down, specting pipes shall come in contact or interfere with any drain or sewer, laid in contact with drains or said pipes shall be laid under or over such drain or sewer, sewers. unless in the opinion of the committeee on drains and sewers, it shall be necessary to change the direction of such Courseofdra, drain or sewer, in which case the same shall be done by &c., may be said company under the direction and to the satisfaction changed. of said committee. SUPERINTENDENT OF BURIALS. [See chapters on CEMETERIES and HEALTH.] SURVEYOR OF STONE. OiRDINANCE. 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 council, One or more one or more suitable persons as surveyors of granite, surveyors of ~ stone to be apmarble and free stone, who shall be sworn to the faithful pointed. To be sworn. performance of the duties of said office, and who shall con- Ord May30 Ord., May 30, tinue in office until removed or until a successor is elected 1859, ~ 1. and qualified. 2. It shall be the duty of said surveyors to measure Duties. and inspect all granite, marble, free stone and other stone, lb. ~ 2. for building or any other purposes, which they shall be requested to measure or inspect. 3. Said surveyors shall be entitled to demand and Fees. receive in full for their services the following rates, viz: Ib. 3. Ten cents for each ton of marble, granite or free stone, thus measured or inspected by them. 348 CITY ORDINANCES. TAXES. STATUTES. 1. Election of assessors. Their duties. Interest on unpaid taxes 2. Treasurer shall be collector of taxes. 3. Collectors may distrain and arrest in any part of the State. 4. Treasurers may receive compensation, when. 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. 4. Duty of treasurer. 5. Interest on unpaid taxes. 6. Discount on taxes. STATUTES. i1. The assessors shall continue to be elected on the Election of assessors. Their second Monday in March. At the first election thereof (duties. under this act, three persons shall be elected assessors, City charter, ~ 8. 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 TAXES. 349 faithful performance of his duty. All taxes shall be assessed, apportioned and collected in the manner prescribed 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 Interest. thereof and of interest thereon. 2. The treasurer of the city of Portland shall also be Treasurer shall the collector for said city, with all the powers of collector be collector of of taxes under the laws of this State. All warrants taxes. directed to him by the assessors and municipal officers b ~ 20. shall run to him and his successors in office, 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 continued and completed by his successor in office as though done by himself; and all unreturned warrants, which would otherwise be returnable to him, shall be returned to his successor in office. Collectors may 3. A collector of taxes shall have the same authority distrain anl to distrain property and arrest the body in any part of the arrest in any part of the State, which he now has in the place where such tax is State. assessed. Act, March 24, S1863. 4. Treasurers of towns shall be entitled to demand Treasurer may and receive thirty cents from each purchaser of real receive comestate sold for non-payment of taxes, whether of resident when. or non-resident owners, as compensation for receiving and Act, March 20, paying out the proceeds of the sale. 350 CITY ORDINANCES. ORDINANCES. Advertisement 1. All notices of advertisements of sales of real estate of sale of real for non-payment of taxes, by the treasurer and collector, estate. or his deputies, in addition to the notices now required by Ord., March 24, 1862. law, shall be published in one of the daily papers of the city, three times successively, previous to the day of sale. Treasurer and 2. It shall be the duty of the city treasurer and colcollector to publish list of lector, between the first and tenth day of March, annually, publpai toaxf i ~ unpail taxes to publish in one of the daily newspapers in the city, a list over $20.,of all the taxes assessed upon residents amounting to Rev. Ord., 1815, as amended by twenty dollars and upwards, then remaining unpaid in Ord., Feb. 20, 1865. the bills committed to him, together with the names of the persons assessed therefor. Assessors to 3. It shall be the duty of the assessors to make out deliver to treasurer tax and deliver to the treasurer and collector, at the time of bills. the commitment of the warrant for the collection of taxes Ord., Aug. 14, d. Aug 4 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- 4. The treasurer and collector shall immediately issue urer. the tax bills, and if the same are not paid within four Ib-. months thereafter, 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 on 5. On all taxes assessed, interest shall be charged at unpaid taxes the rate of six per cent. per annum, commencing sixty lb. days after the commitment of said bills to the treasurer and collector. Discount on 6. On all taxes paid within sixty days from the date Itbaxes, Of the commitment thereof, a discount of five per cent. on the amount will be allowed. STATUTES. 1. Cities 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 removed, 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. STATUTES. 1. Cities may make such by-laws or ordinances as Cimtiake by-ayw they think proper, not inconsistent with the laws of the rela"tingto trees in State, and enforce them by suitable penalties, for planting treestsn and preserving trees by the side of streets. R. s., chap. 3, ~ 27. 2. A sum not exceeding five per cent, of the amount Trees may be committed to him, may be expended by a surveyor, under planted. the direction of the municipal officers, in planting trees b., chap. 18, about public burying grounds, squares, and ways within ~ 46. his district, if the town by vote authorizes it. 3. Whoever wilfully and maliciously cuts down, Injury to trees, destroys, or otherwise injures any tree for ornament or Ib. chap. 127, use, shall be punished by imprisonment less than one year, Penalty. and by fine not exceeding one hundred dollars. 352 CITY ORDINANCES. ORDINANCES. Ornamental 1. If any person shall remove, mutilate, or destroy streests, c, any ornamental tree planted, or that may hereafter be not to bere- planted, in any of the streets, alleys, squares, or other moved, o5C.n without con- public places within the limits of the city, without a permit sent of mayor in writing from the mayor and aldermen, he shall pay a and aldermen. Rev. Ord., 1855. penalty of not less than five nor more than fifty dollars for each offense, according to the degree and aggravation of Penalty if the offense, and if any owner or driver of any horse or horses, &ac, other animal, shall suffer them to mutilate or destroy any mutilate or destroy. tree as aforesaid, such owner or driver shall pay a like penalty for such offense. Trees shall not 2. No person, except by permission of the mayor and bet injured aldermen, shall climb, break, peel,.cut, deface, either by without consent of mayor posting bills of any description, or otherwise, remove, and alderlen. lb. 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 Horses andani- shall in any way fasten any horse or other animal to any mals shall not of said trees, or allow any animal owned by him or under be fastened to. his control, to stand so near to the same that they may Shall not in- be gnawed or otherwise injured by any horse or other j ire. animal so fastened or permitted to stand. Any person violating any of the provisions of this section, shall be Penalties. liable to a penalty of not less than five nor more than fifty dollars for each offense. Dutyofrshacito 3. It shall be the duty of the city marshal to prosemarshal to. prosecute. cute all violations of this ordinance, and the fines and lb. Fines, c., forfeitures thus collected, shall constitute a fund for collected to replanting of such trees as have been thus removed or funtind for re- destroyed. planting trees. destroyed. TRUANTS. STATUTES. 1. Truants may be sent to reform school. 2. Cities authorized to make laws concerning truants, &c. 3. Persons authorized to make complaints. ORDINANCES. 1. Children between eight and sixteen required to attend school. 2. Punishmnent for not attending school. 3. Truant officer to be appointed. 4. What provided as suitable places of punishment. 5. HIabitual truants, how punished. 6. Same subject. STATUTES. 1. When any boy between the ages of eight and six- Truants may teen years is convicted of truancy, the court may sentence beform shent to re-ol him to the reform school, or to the other punishment Act, March 16, 1861, chap. 57. provided for the same offense. ~ 3. 2. Towns may make such by-laws not repugnant to Citiesand the laws of the State, concerning habitual truants, and towns author7n I: ized to make children between six and seventeen years of age not laws concernattending school, without any regular or lawful occupation, ing truants. ~ 12, and growing up in ignorance, as are most conducive to as amended by Act, Feb. 14, their welfare and the good order of society, and may annex 1861. a suitable penalty not exceeding twenty dollars for any breach thereof; but said by-laws must be first approved by a judge of the supreme judicial court. 22 354 CITY ORDINANCES. Persons ap- 3. Such towns shall appoint at their annual meeting, poted corn- one or more persons, who alone shall make complaints for plaint. violations of said by-laws to the magistrate having jurislb. diction thereof by said by-laws, and execute his judgments. ORDINANCES. Children be- 1. All children between the ages of six and seventeen tween the ages of six and years, residing in the city of Portland, without any regular seventeen, re- and lawful occupation, growing up in ignorance, shall be quired to attend school required, unless there be some sufficient reason to the unless, &c. unless, &. contrary, to attend some public or private school, or Rev. Ord., 1855. suitable place of instruction. Punishment for 2. Every child in the city of Portland between the not attending school. ing ages of six and seventeen years, who shall not attend Ib., as amend- school, and not be engaged in any regular and lawful ed by Ord.* May 27, 1861. 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 expedient. Truant officer 3. The city council of the city of Portland, shall to be appoint- annually appoint one or more persons, who alone are ed. Ord., May27, authorized to make the complaints as specified in this 1861. ordinance, and it shall be their duty to arrest all such children as are described in the 1st, 4th, 5th and 6th 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 amusement, 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. TRUANTS. 355 4. The house of correction connected with the alms What provided house, in the city of Portland, or State reform school, is as suitable places of punhereby assigned and provided as the institution of instruc- ishment. tion, house of reformation or other suitable situation, Ib mentioned in section fourteen of chapter eleven of the revised statutes. 5. Every child in the city of Portland, between the Habitual truages of eight and sixteen years, who shall become an ants, how punished. habitual truant, shall be punished by a fine not exceeding lb. twenty dollars, to be recovered to the use of the city, on complaint before the municipal court of said Portland, or by being placed in the house of correction, in said city, or State reform school, for such period of time as'the judge of said court may deem expedient. 6. Every child in the city of Portland, between the Children beages of eight and sixteen years, who shall not attend tween the ages of eight and school, and not be engaged in any regular and lawful sixteen not atzn}~~~ 1 tending school, occupation, and growing up in ignorance, shall be pun- how punished, ished by a fine not exceeding twenty dollars, to be lb. recovered to the use of the city, on complaint before 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 of said court may deem expedient. 356 CITY ORDINANCES. WARDS. STATUTES. 1. City divided into seven wards. 2. Island.ward. 3. Change in wards, must be approved by the legal voters. ORDER OF CITY COUNCIL. 1. Ward one, " Two, Three, " Four, " Five, " Six, " Seven. 2. Not to take effect until ratified by legal voters. STATUTES. City dividedl 1. The city shall remain divided into seven wards; into seven and it shall be the duty of the city council, once in ten wards. City charte, years or oftener, to revise, and if it be needful, to alter ~1l. 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 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 Wardens and clerks. sworn or affirmed to the faithful performance of their respective duties by any justice of the peace of the city; WARDS. 357 and a certificate of such oaths or affirmations having been administered, shall be entered by the clerk on the records of the ward. The warden shall preside at all ward meetings with the powers of moderators of town meetings. If 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 pro term. shall be chosen. If both are absent, or shall refuse to act, a warden and clerk pro tem. 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 Ward meetings by warrant from the mayor and aldermen, in the manner how called. 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 Island Ward. within the city of Portland are so far constituted a sepa- bl ~ 15. 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, 358 CITY ORDINANCES. 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 meetings of the voters of said island ward, for choice of municipal officers, shall, after the business of the meeting is transacted, stand adjourned for two days to determine whether an election has been effected; and adjournments may be had, not exceeding two days at any one time, until 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 tempore. 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. No change or alteration, in the limits of any ward Wards in cities,. change or al- in any city in this State by any action or proceedings of eratiointhe the city council, shall be of any force or effect, unless limits of, how to be made. the same shall be submitted to the legal voters in such Act, 1861, chap.a 1.t1 CsollI, city, for their approval, at the election for city officers, that shall be holden next after such action of the city council; the warrants for the ward meetings shall contain an article for that purpose; if a majority of the votes given on the question of the approval of such change or alteration, shall be in favor thereof, the same shall take effect, and not otherwise. ORDER OF CITY COUNCIL. [Passed March 10, 1862.] 1. Ordered, That the present divisions of the wards of the city, made January 27th, 1851, be changed, and that the following described lines be the boundaries of the same: WARDS. 359 Ward 1. Commencing at the harbor, at a point Wardone. parallel with the line of the centre of Mountfort street, thence on such line to the centre of Mountfort street across Congress street, through the centre of Washington street and Back Cove bridge to the channel of Back Cove, comprising all the city territory northeast of this line. Ward 2. Commencing at the harbor, at foot of Ward two. Franklin street, thence through the centre of Franklin to Fore street, thence through the centre of Fore to IIampshire street, thence through the centre of Hampshire to Congress street, thence through the centre of Congress to Franklin street, thence through the centre of Franklin to Cumberland street, thence through the centre of Cumberland to Boyd street, thence through the centre of Boyd to Lincoln street, thence on a line parallel with 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 the foot of Ward three~ Silver street, thence through the centre of Silver to Middle street, thence through the centre of Middle to Lime street, thence through the centre of Lime to Congress street, thence through the centre of Congress to a line parallel with the southwest line of the lot of land on which the city and county buildings are located, thence on the southwest and northwest lines of said lot to Myrtle street, thence through the centre of Myrtle to Lincoln street, thence on a line parallel with the centre of Myrtle to the channel of Back Cove, comprising all the territory between this line and the before mentioned line of ward 2. Ward 4. Commencing at the harbor, at the foot of Ward four Maple street, thence through the centre of rdaple to Pleasant street, thence through the centre of Pleasant to South street, thence through the centre of South to Free street, thence through the centre of Free to Brown street, thence through the centre of Brown to Cumberland street, 360 CITY ORDINANCES. thence through the centre of Cumberland to Preble street, thence through the centre of Preble street, and on a line parallel with the centre of Prebfe street to the channel of Back Cove, comprising all the territory between this line and the before mentioned line of ward 3. Ward five. Ward 5. Commencing at the harbor, at the foot of High street, thence through the centre of High to Congress street, thence through the centre of Congress to Green street, thence through the centre of Green and Deering's bridge to the channel of Back Cove, comprising all the territory between this line and the before mentioned line of ward 4. VWardl six. Ward 6. Commencing at the channel at Portland bridge, thence through the centre of said bridge and on a line parallel to Brackett street, thence through the centre of Brackett street, to the southeast line of the lot on which the Brackett street school house is located, thence on the southeast, northeast and northwest lines of said lot to Brackett street, thence through the centre of Brackett street to Walker's Lane, thence through the centre of Walker's Lane across Congress street to Mellen street, thence through the centre of Mellen street across Portland street, and in a line parallel with the centre of Mellen street to the Creek that divides Portland and Westbrook, comprising all the territory between this line and the before mentioned line of ward 5. fard seven. Ward 7. Comprising all the territory southwest of the before named line of ward 6.'When to take 2. Ordered, That the foregoing` division of the city effect, into seven wards shall be of force and fitke effect from and after the time that it shall have been approved by the legal voters of this city at ward meet-ing ho1M^4 for the election of city officers. [The division as above was approved by the legal voters, April 9, 1862.] WATCH. [See Revised Statutes, chapter 25.] WATERING TROUGHS. STATUTES. 1. Watering troughs, abatement for. 1. A town, at its annual meeting, may authorize its Watering assessors to abate three dollars from the tax of any inhab- troughs, abatement for. itant, who shall construct, and during the year keep in I" S., chap. 18, repair a watering trough beside the highway, well supplied ~ 52. 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 officers are to decide where it shall be located. 362 CITY ORDINANCES. WEIGHERS AND GAUGERS. ORDINANCES. 1. One or more weighers and gaugers to be appointed. To be sworn. 2. Duties. 3. Fees. 4. To pay for use of city scales. 5. Persons not authorized, acting. Penalty. One or more 1. There shall annually be elected by the city council, weigers and in the month of March, one or more city weighers and gaugers to be appointed. gaugers, who shall be sworn to the faithful performance To be sworn. of the duties of said office, and who shall continue in office Rev. Ord., 1855. until removed, or until a successor is elected and qualified. 2. It shall be the duty of said weighers and gaugers Duties. zn Ib. 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. Fees. 3. Said weigher and gauger shall be entitled to charge lb. 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 WEIGHERS AND GAUGERS. 363 for each barrel or cask, and three cents for ascertaining and marking the outs of each cask, when the same is not gauged at the same time. 4. Weighers and gaugers shall pay to the city treas- Weighers and gaugers shall urer, to the use of the city, as compensation for the use pay for use of of the city scales, one and a half cents for each pipe or city scales. Ord., May 21, hogshead; one cent for each tierce or box; one-half cent 1858. for each barrel; and two cents per ton for all other articles weighed with said scales. 5. Any person, not duly authorized as city weigher Persons not auand gauger, who shall exercise that office by weigh- thorized, acting. Penalty. ing or gauging any cargo or parts of cargo of any for- Ord., Aug. 7, eign merchandize, requiring a city weigher or gauger, 1866. or shall exercise or perform the duties of weigher or gauger 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. 364 CITY ORDINANCES. 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 appropriated. 2. Appointment of sealers by municipal officers of towns; penalty for neglect and how recovered and appropriated. 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 artidles, sold by tale, shall be by decimal hundreds. wn seal and. The treasurers of towns, at the expense thereof, Town seal and standard of shall constantly keep a town seal, and, as town standards, bweights and a complete set of beams weights, and copper and pewter measures to be measures, conformable to the State standards, except that kept by treasurers, &c. the bushel measure, and the half bushel, peck and half A. s., chap. 43, peck measures may be of wood instead of copper or pewter, *~ 4 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 WEIGHTS AND MEASURES. 365 sealed by the State or county standards once in ten years, computing from July first, eighteen hundred and forty; and for every neglect of duty as aforesaid they shall forfeit one hundred dollars, half to the use of the town, and half to the use of the person suing therefor. 2. The municipal officers of each town shall annually Appointment of appoint a sealer of weights and measures therein, remov- sealers, &c. able at pleasure and have power to fill any vacancy that lb. ~ 5. occurs; and for each month's neglect of this duty, they 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. 3. If any person, so appointed and notified thereof, Penalty for refuses for seven days to accept the office and be sworn, sealer otit accepting office, he shall forfeit five dollars; but when sworn, he shall &c. receive the standards and seal from the treasurer, giving lb. ~ 6. 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 accountable 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; penalty for neglect, times and places at which he will attend to the proof and how approsealing of weights and measures; shall deface or destroy priated. lb. ~7. all weights and measures that are not or cannot by him be made conformable to the standard; shall visit the houses of innholders, the warehouses and stores of merchants, 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 neglecting 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. 5. In all cases of weighing, the vibrating steelyard What,c;ales may be used, invented by Benjamin Dearborn, or the vibrating steel- i.%' 366 CITY ORDINANCES. yard invented by Benjamin Dearborn and improved by Samuel Hills, or the Fairbanks' scale, may be used; but 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. Measures, for 6. All measures, by which fruit and other things, articles sold by usually sold by heaped measures, are sold, shall be conheaped meas- yeus ure, shallbe formable in capacity and breadth, to the public stancostandard.o dard; and if any person otherwise sells and exposes Ib. ~9. to sale any such fruit or other thing, any goods or commodities whatever by any other beams, weights, or measures than those proved and sealed as aforesaid, he shall forfeit for each offense 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 be a quarter, &c. weight, shall be sold or exchanged as follows: twenty-five lb,)e 10. 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 decimal hundred. 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 him. 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 coal to be sold by weight, &c. be sold by weight, and two thousand pounds avoirdupois Act., Feb. 25, shall be the standard for the ton by which the same shall 1867, chap. 98, be weighed. 2. The municipal officers of cities and towns may Weighers of coal to be apannually appoint weighers of such coal, who shall be duly pointed and sworn, and receive such fees as said officers may establish sworn. to be paid by the buyer. lb. ~ 2. 3. The seller of such coal, when not sold by the cargo, Coal to be weighed by shall cause the same to be weighed by a sworn weigher, sworn weigher who shall make a certificate of the weight thereof, and beforesale, when not sold the seller shall not be entitled to recover or commence y cargo. 368 CITY ORDINANCES. any action for the price of such coal until he shall deliver, or cause to be delivered, to the buyer such certificate; Pagree upon provided, however, that it shall be competent for the weight. parties to agree upon the quantity of coal without such survey or liability. ORDINANCES. 1. There shall be chosen, annually, by the city council Weigher of coalto be in convention, a suitable person as weigher of hard coal, c"osen.' who shall be sworn to the faithful discharge of the duties Rev. Ord., 1855. of said office, and who shall be removable 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. Duties. 2. It shall be the duty of the weigher of hard coal, It.). when thereto requested, carefully to weigh or superintend the weighing of hard coal, sold in the city, and deliver to the driver or person taking away such coal, for each load he may weigh or superintend, as aforesaid, 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 of the duties of his office. To examine and 3. The weigher of hard coal shall, from time to time, prove scales as often as once a month carefully examine, try and prove used by him. lb. all scales used byhim or under his superintendence for weighing hard coal; and if upon any 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. To give public 4. In case said owner or keeper shall refuse or negnotice ofscales lect to have the same tried, proved, and sealed by the not sealed. public sealer of weights and measures, for the space of twenty-four hours after such notice, it shall be the duty WEIGHER OF IARD COAL. 369 of said weigher forthwith to give public notice thereof, in two of the city daily papers, published in this city. 5. Said weigher is hereby forbidden from using said Not to use scales, or certifying the weight of coal weighed therewith, scaunles unless until the same shall have been tried, proved and sealed lb. as aforesaid; and for any neglect of duty aforesaid, or violations of the provisions of this ordinance, said weigher shall forfeit and pay not less than two dollars for each load of coal he shall weigh therewith, until the same shall Pealty. be sealed as 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 Penalty for requested by any person purchasing coal of him, shall dealerincoal. refusing refuse permission to said weigher to weigh said coal upon weigher to his scales, he shall forfeit and pay five dollars for each proehis scales. time he refuses such permission to said weigher, one-half lb. thereof to the city and the other half to the complainant. 7. Said weigher of hard coal shall receive such fees Compensation. for his services as shall be from time to time established lb. by the mayor and aldermen, to be paid by the person requesting his services. 370 CITY ORDINANCES. WEIGHER OF PLASTER. ORDINANCES. 1. Weigher of plaster to be elected, 2. His compensation. 3. City to provide scales. 4. Bonds to be given. Weigher of i. There shall annually be elected, by the city plaster to be council, a suitable person as weigher of plaster, who shall elected. Revl. Ord 8 be sworn to the faithful discharge of the duties of his Rev. Ord., 1855. office. Compensation. 2. The weigher of plaster shall receive for and in full lb. compensation for weighing plaster, seven cents per ton, to be paid by the purchaser for whom the services are performed. City to provide 3. Scales suitable for weighing plaster shall be proscales. vided by the city, for the use of which, the weigher of lb. plaster shall pay the city treasurer one-seventh part of all monies received by him for weighing. Bonds to be 4. The weigher of plaster shall give a bond in the sum given. of one hundred dollars, to be approved by the mayor and lb. aldermen, for the faithful performance of 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 id injure or deface any pump in a well, partly or wholly JryYtopumps~ made at the expense of the city, he shall forfeit and pay nuV. Odr,1. 18s, e sum not less than one nor more than ten dollars for each offense, 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 Penalty for any of the wells aforesaid than he may want for immediate taking water from pump or use, nor shall take water from such well, unless it be into well, or waatsome cask or other vessel, nor shall in any manner waste g the lb, the water of such well, under a penalty of not less than one nor more than ten dollars for each offense. 372 CITY ORDINANCES. 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, ORDER. 1. Wharf line established. STATUTES. Wharves not to 1. No existing wharf in Portland shall be extended extend below in the harbor a greater distance below low water mark low water mark, without than the same now exists, and hereafter no such new wharf consent. City charter, shall be extended below low water mark into the harbor, ~ 22. without, in either case, the written assent of the mayor Not to be extended beyond and aldermen. No wharf or incumbrance shall hereafter harbor com- be erected or extended into said harbor beyond the harbor missioners' line, commissioners' line. Notice for con- 2. When the construction or extension of a wharf in twharvtiones re-f tidal waters in any city is desired by the permission of the quired. city authorities, they shall require the applicant to give R. s., chap. 17, fourteen days notice thereof by publication in two news~ 21before acting upon it. papers, before acting upon it. WHARVES. ORDER. IN BOARD OF ALDERMEN, October 11, 1854. 1. Ordered, That the following described line be, and Wharf the same hereby is fixed and established as the wharf line or limit of construction on the north side of Portland Rev. Or harbor, beyond which no wharf shall hereafter be construct- 7 Cush, ed or extended in said harbor, within the limits bounded by said line, to wit: Commencing at the eastern corner of the Gas Company's wharf, next above Portland bridge, in a straight line to the southern corner of the end of Robinson's wharf, and along the end of it to the eastern corner, thence in a straight line to the southern corner of the end of Central wharf, and along the end of it to the eastern corner; thence in a straight line to the southern 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 corner 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. [See chapter on HARBOR OF PORTLAND.] 374 CITY ORDINANCES. WOOD, BARK AND CHARCOAL. 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. CIHARCOAL. 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 inr 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. WOOD, BARK AND CHARCOAL. 375 STATUTES. WOOD AND BARK. 1. Towns may, by ordinance, regulate the measure Dimeisionsof and sale of wood, coal, and bark therein, and the location a cord of wood. of teams hauling the same; and enforce it by reasonable 14 Maine, 404. penalties. All cord wood exposed to sale shall be four R. s., chap. 41, ~1. 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 Penaltyfor by land, is sold and delivered, unless otherwise agreed to sellg woodre by the purchaser, before it is measured by a sworn meas- survey. urer, and a ticket signed by him and given to the driver, Ib. ~ 2. stating 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 Howcordwood, sale, shall be corded on the wharf or land, on which it is brought by water, shall be landed, in ranges, making up in height what is wanting measured, &c. in length; then it shall be so measured and a ticket given lb. ~ 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 Ticket stating quantity and or landing for sale, shall be furnished by the owner or anty of driv seller of it with a ticket stating the quantity and name of er, required, &c. the driver; and if such firewood is carried away without lb. ~ 4 such ticket, or any driver refuses to exhihit such ticket to any sworn measurer on demand, or does not consent to have the same measured, if in the opinion of the measurer 376 CITY ORDINANCES. 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. Penalty for 5. When any wood, bark, or charcoal, is sold by the fraudulent cord, foot, or load, which is stowed in such a manner as Ib. ~ 5. to prevent the surveyors from examining the middle of the load, and it appears on delivery, that it was stowed 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. CHARCOAL. How charcoal 6. Any charcoal brought into a town for sale, may be may be i eas- measured and sold by the cord or foot, estimating the cord ured and sold. lb. ~ 6. at ninety-six bushels, when the purchaser and seller may agree to the same; and the measurers before named shall be measurers of charcoal also. 7.Coal to All baskets for measuring charcoal brought into a Coal baskets to n besealed; di- town for sale, shall be sealed by the sealer of the town mensions. mensions. where the person using them usually resides, and shall lb. ~ 7. 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. Penalty. 8. Whoever measures charcoal for sale, in any basket lb. ~. of less dimensions, or not sealed, shall forfeit, for each offense, five dollars. Seizure of un- 9. The municipal officers of towns may appoint some lawful baskets. suitable person to seize and secure all the baskets used for Ib. ~ 9. measuring coal, not according to the provisions hereof. Penalty for re- 10. If any measurer of wood, bark, or charcoal, fusingto give neglects or refuses to give to the owner or purchaser a certificate, &c. lb. ~ 10. certificate of the contents of any load, he shall forfeit five dollars for each offense; and all the penalties terein WOOD, BARK AND CHARCOAL. 377 before provided, may be recovered by action of debt or complaint, one-half to the town where the offense is committed, and the other to the prosecutor. ORDINANCES. 1. There shall be chosen annually by the city council Measurers of in convention, two or more measurers of fire-wood and bark firewood and bark to be brought into the city for sale, who shall be sworn to the chosen. faithful performance of their office,-and shall hold their Rev. Ord., s1855 office during the municipal year, and until others are To besworn. appointed in their stead, unless sooner removed by vote of the city council. In case of a vacancy in said office by Vacancies to be resignation, removal or otherwise, the city council shall filled. proceed to fill the same by a new election for the residue of the year. 2. In order to prevent competition in the survey of Measurement firewood and bark, this department shall be divided into divided into two branches, two branches, one of which shall embrace the survey of Ofwoodand all firewood and bark brought into the city on carts, wagons bark brought or sleds, and the other shall embrace the survey of fire- i"tocty by carts, &c. wood and bark brought by water or railroad conveyance; Of same by water or railand each measurer shall be independent of the other, and roatd shall attend personally and exclusively to the duties of that branch of the survey to which he is chosen. In order still further to prevent competition, the number of City divided inmeasurers of firewood and bark, brought into the city by to two diswater or railroad conveyance, shall be limited to two, and tricts. Ib., as amendthe city shall be divided into two districts for the mea- ed by Ord., surement of the same, to each of which districts one ay, 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 ordinance, 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 Congress to Exchange street; thence through 378 CITY ORDINANCES. 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 constitute 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.:Duties of meas- 3. It shall be the duty of each measurer, carefully and urers. accurately to measure all firewood and bark which he may Rev. Ord., 18. be requested to measure in his branch of survey, on payment of the fees allowed for such service, and deliver to the driver, or person having the care of the wood or bark, To givetickets a ticket under his hand for each load he may measure, certifying certifying in words at length, written in ink, the quantity measure, &c. 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 To keep record record of all tickets by him issued, in a book to be by him of ticsse provided and kept for that purpose, and shall report annuTo make annu- ally, to the city council, the number of cords of firewood at report to and bark measured by him during the preceding year, city council. and the amount of fees received therefor. Teams with 4. No team having firewood or bark for sale, shall be wood or bark not to stand in suffered to stand in any street, alley, square, or other street longer public place, for a longer time in any one day, than ten than ten min- z utes. minutes, nor shall the driver of any team which has Cattle not to be brought firewood or bark as aforesaid, hitch or fasten his fastened.to cattle to any post, tree, or fence, in any street or lane; post, &c. Team not to be nor shall any driver of such team feed his cattle, or suffer fed.dnoo be the same to be fed, in any street, alley, square, or other Wood not to be unloaded or public place; nor shall any person unload or pile any firepiled in market. wood or bark upon or within the wood market, if any. Penalties, 5. Every person offending against any of the precedlb. ing sections, or unreasonably neglecting to perform any of the duties therein required, shall forfeit and pay, for the W,OOD, BARK AND CHARCOAL. 379 use of the city, a sum not less than five dollars for each offense. CHARCOAL. 6. The mayor and aldermen may annually appoint one Mayor and or more suitable persons to seize and secure all baskets aldermen to appoint person used for measuring charcoal that shall not be of the dimen- to seize charsions prescribed by the laws of the State, and to prosecute coal basket"' lb. all persons who shall be guilty of a breach of said laws. WORK HOUSES. [See Revised Statutes, chapter 21.4 CITY OF PORTLAND. IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND SIXTY-EIGHT. AN ORDINANCE IN RELATION TO THE REVISED ORDINANCES. Be it ordained by the mayor, aldermen, and common council of the city of Portland, in city council assembled, as follows: SECTION 1. All the ordinances printed and contained The ordinances in the preceding pages, that is to say, in a certain book inthisbook -' declared to be prepared and printed under the direction of Gilbert L. the ordinances Bailey, Charles M. Rice, Samuel H. Colesworthy, Fred- ofthecity. erick N. Dow, and Henry H. Burgess, a committee duly appointed and authorized for that purpose by a vote of the city council of the city of Portland, passed on the first day of April, in the year eighteen hundred and sixtyseven, 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 Repealofinconand ordinances, inconsistent with any of the preceding sistentordinances. ordinances, are hereby repealed. SEC. 3. The repeal in the preceding section shall not Saving of affect any act done, or any right accruing or accrued, rigts pacrued, or established, or asuits peeing or established, or any suit or proceeding had or com- &c. menced in any civil case before the time when such repeal shall take effect, nor any offense committed, nor 23 382 CITY ORDINANCES. any penalty or forfeiture incurred, nor any suit or prosecution pending at the time of such repeal, for any offense committed or for the recovery of any penalty or forfeiture incurred, under any of the provisions so repealed and in all cases where any provisions of the preceding ordinances made, are to go into operation at any time hereafter, the corresponding provisions, if any, of the said repealed ordinances or orders shall continue in force until the said new provisions 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. lHov copies of SEC. 4. All copies of the revised ordinances, not revised ordi- otherwise disposed of, shall be deposited with the city nances shall be kept, &c. clerk, subject to the direction and control of the city council, and shall be on sale at such price as shall be determined by the mayor and aldermen. i(opies for city SEC. 5. Every member of the city council shall be..o llcil. entitled to one copy of the revised ordinances. IN BOARD OF AMAYOR AND ALDERMEN, January 20, 1868. This bill having been read twice, passed to be ordained. AUGUSTUS E. STEVENS, Mayor. IN COMmON COUNCIL, } Jan. 20, 1868. This bill having been read twice, passed to be ordained. FRED. N. DOW, President pro tem. Approved January 21, 1868. AUGUSTUS E. STEVENS, Mayor. 0 C~ C~e APPEN D IX. AN ACT TO AUTHORIZE THE CITY OF PORTLAND TO AID THE CONSTRUCTION OF THE ATLANTIC AND ST. LAWRENCE RAILROAD. [Statutes 1848, Chapter 135,] Be it enacted by the Senate and House of Relpresentatives in Legislature. assembled, as follows: City of PortSEC. 1. The city of Portland is hereby authorized land athorizto loan its credit to the Atlantic and St. Lawrence Rail- el to loan its credit to the road Company, in aid of the construction of their railroad, Atlantic and subject to the following terms and conditions. St Lawrence Railroad Co. SEC. 2. This act shall not take effect, unless it shall Thwisact to be be accepted by the directors of said railroad company, accepted by the directors and by the vote of the inhabitants of said city, voting in of said compaward meetings duly called, according to lawv; and at least ny, and by the inhabitants of two-thirds of the votes cast at such ward meetings shall said city. 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, City treasurer the city treasurer is authorized to make and issue from authorized to make anld istime to time, for the purposes contemplated in this act, sue the scrip of the scrip of said city, in convenient and suitable sums, the city payable to the holder thereof, on a term of time not less 386 APPENDIX. than twenty, nor more than thirty years, with coupons for interest attached, payable semi-annually, or yearly, as may be agreed. When.So0,o00 SEC. 4. When the railroad company shall have have been re- received from assessments upon the shares of the private ceived from assessmcnts and stockholders therein, and shall have expended upon the expeldced on said road, the construction of the road, and its necessary equipment, the ity traizre to sum of five hundred and fifty thousand dollars, the city authorized to dleliver thec i- treasurer shall then deliver to the directors of the comrectors scrip to the aSCmouit pany, the scrip aforesaid to the amount of two hundred of 200,000. 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 further amount of one hundred thousand dollars, the city treasurer shall morel aybe deliver of the scrip, a further amount of three hundred d(elivered. thousand dollars. Whsen further SEC. 5. When the company shall have expended in lortionsmnay the further construction and equipment of the road, at 0 delivjered. 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. WVhole almoullt lot to exceed But the whole amount of the scrip to be issued and deliv1,000,00oo0. ered shall never exceed one million of dollars. SEC. 6. Before the delivery of any of the scrip, in any (Certain prerequisitestobe of the cases provided in the preceding sections, the complied with. 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 respectively complied with, and shall file with the city treasurer a certificate of such compliance, signed by the president and treasurer of the company, to which certificate they shall severally make oath. In all cases, Date of scrip. the scrip shall bear date from the delivery thereof, and LOAN OF CREDIT OF THE CITY. 387 the proceeds thereof shall be applied by the directors of Proceeds apthe company, exclusively to the construction and neces- sivelyeto the sary furniture and equipment of the Atlantic and St. construction of said road, &c. ILawrence railroad. SEC. 7. Upon the delivery of each and every portion Bond to be of the scrip aforesaid, the directors shall execute and given treasurer on delivery deliver to the city treasurer, the bond of the company, of scrip. 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 sare, according to the provisions of this act. SEC. 8. The directors shall also transfer to the city, Collateral secuupon the delivery of any portioh of the scrip as aforesaid, rity. 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 meetings 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 Lien createe on directors of any portion of the scrip aforesaid, the city therailroadfor shall have a lien upon the said railroad, and upon all the saidbond. 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- Sinking fild. bursement of the principal of the scrip, authorized to be 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 Commissioners. 388 APPENDIX. the mayor and aldermen of the city, and one by the directors of the company, and in case of a vacancy in 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 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 qualification of city officers. Each of the commissioners shall give a bond Bond. to the city, with satisfactory sureties, in the penal sum of ten thousand dollars, conditioned for the faithful discharge of his duty as commissioner. They shall receive such Compensation. compensation as may be established by the directors, which shall be paid to them by the company, and shall not be diminished during their continuance in office. SEc. 11. Whenever the directors shall receive any how conistitt- portion of the scrip, authorized as aforesaid to be delivered eel. 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 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, and shall be then outstanding; but after the expiration of five years from the time of the delivery and 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. LOAN OF CREDIT OF THE CITY. 389 SEc. 12. The commisioners shall have the care and Duty of cornmanagement of all the moneys and securities at any time missioners. belonging to said fund; but the moneys uninvested, and the securities, shall be in custody of the city treasurer, Treasurer. who shall be, by virtue 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, Moneys belongat their discretion, invest the moneys on hand, securely, ilg to said fiund, how inso that they shall be productive, and the same may be vested. 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 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. SEC. 14. The sinking fund, and all the sums which To be,reserved shall be added thereto by accumulation upon the invest- for the re-of ments thereof, shall be reserved and kept inviolate for the the principal redemption and reimbursement of the principal of said of said scrip. 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 shares held as 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- transferred. 390 APPEND I X. 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 advantageously 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. If directors fail SEC. 16. If the directors of the railroad company to payinto the shall, at any time, fail to pay to the city treasurer, for sinking flid, the sinking fund, the amount aforesaid of one per cent. or per centage on income of of one and a half per cent. required to be paid into the road. sinking fund, out of the income of the road, the commisComnissioners sioners are authorized, at their discretion, upon such authorized to notice to the company as they shall deem suitable, to sell sell collateral seclates. 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 conveyances all conveyances and transfers of such collateral shares atd trantsfers. shall be made by the city treasurer, under the direction of the commissioners of the fund, in pursuance of the provisions of this act. Commissioners SEC. 17. The commissioners shall keep a true record to keep a rec- of all their proceedings and an account of all the sums paid ord of' proceed-:ags. into the fund, and of the investments made of the same, and shall, annually, in the month of July, report to the Annual report. mayor and aldermen, and to the directors of the railroad 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 fiid, and the securities belonging thereto, shall at all times be open to inspection by such committee as may be appointed LOAN OF CREDIT OF THE CITY. 391 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- Power of sueral trusts confided to the said commissioners under this ireme judicial court, on coniact, the supreme judicial court is hereby empowered, upon plaint against said commisthe complaint of the mayor and aldermen, or of the direc- sioners. - tors of the railroad company, against the said commissioners, 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 commissioners, 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- If sinking fund tions, shall at any time exceed the amount of the scrip at any time exceed the unredeemed and outstanding, all such excess shall be amount of annually paid over to the railroad company; and if any sc'ripuresurplus of the fund shall remain after the redemption and 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, When to take from and after its approval by the governor, so far as to effect. empower the directors of the railroad company, and the inhabitants of the city to act upon the question of accepting 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.l 1 Accepted August 16, 1848. See city records, vol. 4, page 50. 392 APPENDIX. AN ACT TO AUTHORIZE THE CITY OF PORTLAND TO GRANT FURTHER AID IN THE CONSTRUCTION OF THE ATLANTIC AND ST. LAWRENCE RAILROAD. [Statutes 1850, Chapter 335.] Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: City of' Port- SEC. 1. The city of Portland is hereby authorized to land author- make a further loan of its credit to the Atlantic and St. ized to loan its credit. Lawrence Railroad Company, in aid of the construction of their railroad —subject to the following terms and conditions. SEC. 2. This act shall not take effect, unless it shall Act when to take efect. be accepted by the directors of said railroad company, and 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. Scrip to be SEC. 3. Upon the acceptance of the act as aforesaid, issud, &c. the city treasurer is authorized to make and issue from 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. LOAN OF CREDIT OF THE CITY. 393 SEC. 4. The whole amount of the scrip to be issued Amount not to and delivered under this act, shall not exceed five hundred exceed thousand dollars, and the same shall be delivered by the $50 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 Date of scrip bear date from the delivery thereof, and the proceeds of and how applied. the same 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. 5. Upon the delivery of each and every portion Bond of the of the scrip aforesaid, the directors shall execute and cimpanytobe given for the deliver to the city treasurer, for the city, the bond of the scrip. 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 provisions of this act. SEC. 6. The directors shall also, if required by the Securitytobe mayor and aldermen of the city, transfer to the city, upon given if rethe delivery of any portion of the scrip as aforesaid, an quired. equal amount in the shares of the company, to be held as security for the faithful performance of all the obligations 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 credited in the stock books of the company as fully paid up. But the city shall not be taken and held as a stockholder in City notto be the company by reason of the transfer of shares for the considered a stockholder. 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 transferred as aforesaid, nor shall any dividends be paid on the same, nor any right of acting or voting at the meetings of the 394 APPENDIX. company be claimed or exercised by reason of said shares, so long as the same shall be held as security as aforesaid. A dditioiallien. SEC. 7. From and after the issue and delivery to the 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 hundred and fortyeight, 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 Sinking fund, how raised, portion 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 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 LOAN OF CREDIT OF THE CITY. 395 before that time issued and delivered under this act, and which shall be then outstanding; but after the expiration of five years from the time of the delivery and 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 so issued and then outstanding as aforesaid, and the said annual payment 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 established by this act. SEC. 10. The commissioners shall have the care and Sinkingfund, management of all the moneys and securities at any time how managed. 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 sinking 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, Investment of at their discretion, invest the moneys on hand, securely, sinking fund. 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. 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 any bank, or of any stock insurance company 396 APPENDIX. in this State, and the commissioners may, from time to time, sell and transfer any of said securities. Sinking fmd to SEC. 12. The sinking fund aforesaid, and all the sums be reserved for which shall be added thereto by accumulation upon the a specific pur- investments thereof, shall be reserved and kept inviolate for the redemption and reimbusement of the principal of the scrip authorized by this act at the maturity thereof, and shall be applied thereto by the commissioners. Shares in the SEC. 13. Any of the shares in the stock of the comstock may be extcange for pany, held by the city for security, as provided in the scrip, sixth section of this act, may be sold and transferred by the commissioners of the sinking fund, with the consent of the directors of the company, whenever an exchange thereof can be advantageously made for any of the scrip authorized b'y this act, or whenever the said scrip can be advantageously purchased with the proceeds of any such s ale of such collateral shares. And the scrip so purchased and taken in exchange, shall be thereupon cancelled and extinguished, and the amount thereof shall be endorsed on the respecttive 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 accumulations, shall be applied at any time or in any manner to the redemption and extinguishment of the scrip, before the maturity thereof. Commissioners SEc. 14. If the directors of the company shall at authorized to any time fail to pay to the city treasurer for the sinking fund sell stock in certain eases, created by this act, the amount aforesaid of one per cent. or of one and a half per cent. required to be paid into the sinking fund, out of the income of the road, the commissioners 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 conveyances and transfers of shares, which may be sold as aforesaid, LOAN OF CREDIT OF THE CITY. 397 shall be made by the city treasurer, under the direction of the commissioners. SEc. 15. The commissioners shall keep a true record Record, how of all their proceedings, and an account of all the sums keipt. 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 the income of the several parts thereof. Their records, and the accounts of the fund, and the securities belongino thereto shall at all times be open to the inspection of any committee appointed for that purpose by the mayor and aldermen, or by the directors of the company. SEc. 16. To secure the faithful discharge of the sev- Matters of como eral trusts confided to the said commissioners under this plaint between the city and act, the supreme judicial court is hereby empowered, upon tcommissionthe complaint of the mayor and aldermen of the city, or ers, how adof 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 proceedings 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 accumulaExcess of sinktions shall at any time exceed the amount of the scrip ing find, howunredeemed and outstanding, issued under this act, all applied. 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 24 398 APPENDIX. 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 completion of all the duties enjoined upon the commissioners under this act, their records and accounts shall be deposited with the railroad company. SEC. 18. For the purpose of securing and enforcing Lien to be se- the lien granted to the city by the seventh section of this cured by mortgage. 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 company. Such mortgage shall be signed by the presiMortgage, how executed, &c. dent of the company in his official capacity, and shall be 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 intents 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 provisions, and shall have like operation as is hereinbefore prescribed. LOAN OF CREDIT OF THE CITY. 399 SEC. 19. If the directors of the company shall neglect Neglect of duty, or refuse to execute and deliver any such mortgage, after &c. request as aforesaid, the mayor and aldermen 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 discretion, 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 Foreclosure of mortgage upon the property and franchise of the company mortgage. within this State, it shall be sufficient for the mayor 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 days after the date of the last publication, in the registry of deeds for the county of Cumberland, which publication 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 mortgage 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, absolute in the city of Portland. And any transfer of any of the personal property of the company, made after publication of such notice to foreclose, without the consent of the mayor and aldermen, shall be wholly void; but lawful transfers and changes of any of the personal property of the company, not including the franchise, and the 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 company, by purchase, exchange or otherwise, after the execution and 400 APPENDIX. delivery of any such mortgage, shall be covered and held thereby. City of Port- SEC. 21. If the directors of the company shall at any land to take time neglect or omit to pay the interest which may become poossession of the road il due upon any portion of the scrip issued and delivered case the cou- under the provisions of this act, or of the act aforesaid, pany omit to pay the inter- passed August first, one thousand eight hundred and fortyest. eight, or to make the annual payments thereby required for the sinking fund, the city of Portland may take actual possession in the manner hereinafter provided, of the railroad, of all the property real and personal of the company and of the franchise thereof, and may hold the same and apply the income thereof to make up and supply such deficiencies of interest and amounts payable for the sinking 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 Notice, how ffiven. 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 conmpany, stating that the city thereby takes actual possession of the railroad, and of the property and franchise of the company, shall be a sufficient actual possession thereof, and shall be a sufficient 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 hereinbefore provided, nor shall the rights of the city or of the company under such mortgage be in any manner affected thereby. All noney ac- SEC. 22. All moneys received by or for the railroad cruing from company, after notice as aforesaid, from any source whatthe road after said notice to ever, and by whomsoever the same may be received, shall belong to the belong to and be held for the use and benefit of the city, eity. LOAN OF CREDIT OF THE CITY. 401 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 discharge of all claims of the city therefor. All moneys received by the treasurer of the company, after such notice, or in his hands at the time such notice may be given, shall be by him paid to the city treasurer, after deducting the amount expended, or actually due for the running expenses of the road, for the salaries of the officers of the company, and for repairs necessary for conducting the ordinary operations of the road. Such payments to the city treasurer shall be made at the end of every calendar 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 required by the provisions of this act, and the act aforesaid, passed August first, one thousand eight hundred and forty-eight. And any person who shall pay or apply any moneys received Penalty, &c. as aforesaid in any manner contrary to the foregoing provisions, shall be personally liable therefor, and the same may be recovered in an action for money had and received, in the name of the city treasurer, 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 Awritofilnprescribed in the two preceding sections, the mayor and junction may be issned. 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 402 APPENDIX. 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. i)irectors to be SEC. 24. If the railroad company shall, after notice of appointed by possession as aforesaid neglect to choose directors thereof, the city of Portland in or any other necessary officers, or none such shall be caye the co-t found, the mayor and aldermen of the city shall appoint Or refuse. a board 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 establishing said company, and upon their acceptance of such offices, shall be subject to all the duties and liabilities thereof. Act, whell to SEC. 25. This act shall take effect from and after its take effet. 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 aforesaid, then, after such acceptance, and record thereof, all the parts of the act shall take effect and be in full force.l I Accepted August 22, 1850. See city records, vol. 5, page 352. AN ACT TO AUTHORIZE THE CITY OF PORTLAND TO GRANT FURTHER AID IN THE CONSTRUCTION OF THE ATLANTIC AND ST. LAWRENCE RAILROAD. [Statutes 1852, Chapter 475.] Be it enacted by the Senate and House of Representatives, in Legislature assembled, as follows: SEC. 1. The city of Portland is hereby authorized to Loan autlori'zmake a further loan of its credit to the Atlantic and St. ed. Lawrence Railroad Company, for the purpose of aiding the final completion and equipment of the railroad of said company, subject to the following terms and conditions. SEC. 2. This act shall not take effect, unless it shall Act not to take be accepted by the directors of said railroad company, and effect unless accepted by by the vote of the inhabitants of said city, voting in ward company and meetings duly called according to law; and at least two- city of Port 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 Return of votes aldermen of the city, and they shall count and declare how made. the votes returned, and the city clerk shall make record thereof. SEC. 3. Upon the acceptance of the act as aforesaid, City scrip, how the city treasurer shall make and issue for the purposes issued and amount. 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 semiannually or yearly. The whole amount of said scrip shall 404 APPENDIX. 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 cf the same shall be Ji-Low applied. by the directors of the company, exclusively to the construction and necessary equipment of the Atlantic and St. Lawrence Railroad. To be secured SEC. 4. Upon the delivery of the scrip aforesaid, the by penalbonld. 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, conditioned 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. Mortgage bonds SEC. 5. As a further security for the issue and dclelivissued and secured bydeed ery of said scrip, the directors of the company shall also of trust and deliver to the city treasurer the mortgage bonds of said mortgage of road. 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 Amlourlt of bonds aforesaid. The amount of said mortgage bonds, so bontdsequal to delivered to the city treasurer, shall be equal to the the amount of scrip. amount of the 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 Interest war- which shall from time to time accrue upon the said scrip, rInts canceled the city treasurer shall cancel and surrender to the cornon payment of interest. pany an amount of the interest warrants attached to said mortgage bonds, equal to, and corresponding as nearly as LOAN OF CREDIT OF THE CITY. 405 may be in date, to the amount of interest so paid on said scrip. SEC. 6. At the maturity of the mortgage bonds herein ~n ~Trustees auprovided to be delivered as collateral security, and after tllorized, oni the payment of all the other mortgage bonds issued under of scip, t said deed of trust and mortgage, if any portion of the convey title t(o city of Portscrip hereby authorized to be issued shall be unredeemned land. 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 covenants 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 conveyance, take and hold the said estate, property and franchise, as in mortgage, for the security and indemnity of the city, on account of the issue and delivery of its City to hold the scrip as herein authorized, until the final redemption and veyed as security. reimbursement of said scrip, and the interest accruing thereon. SEC. 7. This act shall take effect and be in force from Act when to and after its approval by the governor, so far as to author- take effect. 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.1 1 Accepted February 24, 1852. See city records, vol. 6, page 64. 406 APPENDIX. AN ACT TO AUTHORIZE THE CITY OF PORTLAND TO GRANT FURTHER AID IN THE CONSTRUCTION OF THE ATLANTIC AND ST. LAWRENCE RAILROAD. [Statutes 1853, Chapter 4.] Be it enacted by the Senate and House of Representatives in Legislature assemnbled, as follows: ioanl authoriz- SEC. 1. The city of Portland is hereby authorized to ~'~' make a further loan of its credit to the Atlantic and St. Lawrence Railroad Company, in aid of thq construction and firnishing of their railroad, subject to the following terms and conditions. Acceptance of SEC. 2. This act shall not take effect, unless it shall act, codlitions be accepted by the directors of said railroad company, and 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 Returns of act. The returns of such ward meetings shall be made to ward nmeet- the aldermen of the city, and they shall count and declare ings, how made. the votes returned, and the city clerk shall make record thereof. Acceptance of SEC. 3. Upon the acceptance of the act as aforesaid, act, loan how the city treasurer is authorized to make and issue, on made, &c. demand made by the said directors, 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. LOAN OF CREDIT OF THE CITY. 407 SEC. 4. The whole amount of the scrip to be issued Scrip or loan, and delivered under this act, shall not exceed three hun- amount authorized. dred and fifty thousand dollars, and the same shall be delivered by the city treasurer to the directors of the railroad company as they may require the same. The proceeds of such scrip shall be applied by the directors scrip, lproceed of, how appliof the company exclusively to the construction and neces- ed. sary furniture and equipment of the Atlantic and St. Lawrence Railroad. SEc. 5. Upon the issue and delivery of the scrip Road mortgagaforesaid, the directors of the railroad company shall edltosecure payment of cause a mortgage to be executed and delivered to the city, sc.ip. in the name of the company, conveying to the city, subject to any mortgages existing before the passage of this act, all the estate, property and franchise of the company, conditioned that the company will duly pay the interest 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 Z Mortgage, how the laws of the several States through which the rail- executed and road shall pass. The record thereof in the registry of recorded. 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 conditions Mortgage, failof said mortgage, the city shall be authorized to take ure to perform possession of the estate, property and franchise thereby conditions of conveyed, and the proceedings under such possession, 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-third 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 construction of the Atlantic 408 APPENDIX. and St. Lawrence Railroadl" in respect to the mortgage therein mentioned. SEC. 7. This act shall take effect from and after its Act wlienl to take effect. approval by the governor, so far as to empower 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 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 force.l 1 Accepted February 24, 1853. See city record, vol. 6, Page 244. AN ACT RESPECTING CONVEYANCES TAKEN BY THE COM-AMISSIONIE,( OF THE SINKING FUNDS OF THE ATLANTIC AND ST. LAWRENCE RAILROAD. [Statutes 1853, chapter 14,] -Be it enacted by the Senate and Hourse of Relpresewntatives in Legislature assembled, as follows: SEC. 1. If the commissioners of the sinking funds Coveyances in created under the several acts authorizing the city of cases of vacacy, to vest in Portland to aid the construction of the Atlantic and St. remaining Lawrence Railroad, passed respectively, August first, corissio" eighteen hundred and forty-eight, and July twenty-seventh, eighteen hundred and fifty, shall at any time have or take any conveyance to themselves in their capacity as commissioners of said funds, their successors and assigns, for the purpose of securing any of the investments of said funds, all the title and estate of said commissioners under such conveyance, shall, in case of a vacancy in the place of either of them, vest in the remaining commissioner, and Commissioinerrs shall pass to and be upheld in their successors, as the same right of succession, &e, shall be lawfully appointed from time to time, and such survivor and successors shall take and hold the said title and estate, with all the powers necessary to effect the objects of the conveyance. SEC. 2. This act shall take effect from and after its approval by the governor. [See city ordinance, ante, on FINANCE, sections 8 and 9, relating to the surrender of the certificates of the city debt by the Atlantic and St. Lawrence Railroad Company.] 410 APPENDIX. AN ACT TO INCORPORATE THE PORTLAND GAS LIGHT COMPANY. [Statutes 1849, Chapter 288.] Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows::o'orpora1ors. SEC. 1. Charles Q. Clapp, A. W. H. Clapp, John Neal, Abner Lowell, Francis 0. J. Smith, Horace V. Bartol, and Henry B. McCobb, their associates and successors, are hereby constituted a body politic and corporate Corporate by the name of the Portland Gas Light Company, and by that name shall have and enjoy all the necessary powers and privileges to effect the objects of their assoPowers and duties. ciation, and shall be subject to such duties, liabilities and exemptions as are or may be provided by the general laws of this State in case of manufacturing corporations. SEC. 2. The capital stock of said company shall be Capital stock. not less than thirty thousand dollars nor more than one hundred thousand dollars, and shall be divided into shares of one hundred dollars each. The said capital stock How applied. shall be applied exclusively to the manufacture and distribution of gas for the purpose of lighting the city of Proviso, Portland; provided, that said company shall not have power to erect, establish or continue any works for the manufacture of gas at any place within the limits of said city of Portland, without the previous assent of the city council, and a specific assignment of the boundaries of such establishment, and such erection, establishment or continuance without such previous consent, shall be con PORTLAND GAS LIGHT COMPANY. 411 sidered a nuisance, and said company shall be liable to indictment therefor, and to all the provisions of law applicable thereto. And nothing contained in this act Liability for inshall be construed to affect or diminish the liabilities of jury to prisaid company for any injury to private property, by vate property. depreciating the value thereof, or otherwise, but said company shall be liable therefor in an action on the case. SEC. 3. The said company are hereby authorised to Regulations for lay down in and through the streets of said city, and to laying down pipes, fixtures, take up, replace, and repair all such pipes and fixtures as e&c. may be necessary for the objects of their 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 taking up or displacement of any portion of any street, without such consent of the city council, or contrary to the restrictions or regulations 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 Liability to city be obliged to pay on any judgment recovered against said foar,lnag. city, for damages occasioned by any obstructions, or taking up or displacement of any street by said company 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 interest on the same, to be recovered in an action for money paid to the use of said company. SEC. 4. Whenever the company shall lay down any Obstruction to pipes, or erect any fixtures in any street, or make any public travel in laying alterations or repairs upon their works in any street, they down, erecting shall cause the same to be done with as little obstruction or repairing works. to the public travel as may be practicable. And shall at their own expense without unnecessary delay cause the 412 APPENDIX. earth and pavements removed by them, to be replaced in Notto obstruct proper condition. They shall not be allowed in any case or impair the to obstruct or impair the use of any public or private use of any drain, &c. 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 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. City council au- SEC. 5. The city council of the city of Portland, are thorized to hereby authorized to contract with said company for lightilg tle lighting the streets and public buildings of said city, and streets and public build- the moneys necessary to be expended therefor, shall be ings. assessed and collected in the same manner as taxes for other purposes. SEC. 6. If the said comapany shall be duly organized Exclgsive prit- within two years from the passage of this act, and shall ileges grant- " ed ulnder cer- within that time, have raised and expended at least tain con(litions. ten thousand dollars for the objects of their incorporation, and shall have actually commenced the lighting of the city with gas, they shall then have and enjoy the franchise and privileges granted them by this act, exclusively, for the term of thirty years from the date of their organization, subject to the terms and limitations hereinafter prescribed, and subject to all such regulations and control as may, by law, be exercised over corporations by the judicial tribunals of this State; provided, and this grant Proviso. is upon the condition, that said company should at all times, and within a reasonable time after request by the city council of Portland, supply with gas, to such an extent and in such a manner as may be required, any street, or public buildings, at a fair and reasonable rate of payment therefor; and in case said parties cannot agree upon the rate of payment, said company shall be obliged to furnish said gas at a rate to be fixed by three disinterested PORTLAND GAS LIGHT COMPANY. 413 persons, to be selected one by each of said parties, and a third by the two thus selected, who shall be paid for their services by said parties equally, and if said company shall at any time refuse, or unreasonably neglect to comply with this condition, the exclusive privilege herein granted shall be of no effect. SEC. 7. The management of the affairs of the company, Directors. and all expenditures made for the purposes authorized by this act, shall be directed by a board of directors, to be chosen annually, of such number as may be prescribed by the by-laws of the company. The accounts of the company shall be kept by a treasurer, who shall be chosen Treasurer. by the directors. The directors shall severally be sworn before the clerk of the corporation to make true and faithful exhibits in their records, of all expenditures directed or allowed by them for the purposes authorized by this act. The treasurer shall in like manner be sworn to make and keep true and distinct accounts of all expenditures authorized by the directors, and paid by him from the funds of the company. SEc. 8. At any time after the organization of the CityofPortland company, the city of Portland shall be authorized, upon authoriZed to take and hold a vote of the city council to that effect, to take and hold stock in said in the capital stock of the company, an amount not company. exceeding one-half thereof, upon paying to the company a like proportional part of the cost, up to such time, of all their buildings, works, fixtures, pipes, and other property, and ten per cent. of such proportional part in addition Amount received for such thereto. The amount so received by the company for the stock to be proportional part so taken by the city shall be distributed paid over to other stockand paid over to the other stockholders, in proportion holders. to their several interests, and the par value of the several Value of the shares reduced shares held by them shall be reduced accordingly. The accordingly. company shall, at the same time, create and issue to the Shares created city such a number of shares of the same par value, and issued to city. together with a fractional share, if necessary, as shall 25 414 APPENDIX. represent the whole amount paid by the city for the proportional part of the capital stock so taken. At all How represented,. 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 Rights and the city. And if said company shall neglect to comply privileges void if comvplany with the provisions of this section for the space of one neglectto com- month after an offer and request from the mayor to that ply within olne month. effect, all the rights and privileges of said company shall wholly cease and be of no effect. Anthority of SEC. 9. At the expiration of the term of thirty years city to take the property of named in the seventh section of this act, the city of Portsaid company land shall be authorized, upon the vote of the city council at its appraised nalue after to that effect, to pay to said company the appraised value of tlirty years. their said 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 Appraisers, shall, within three months before the expiration of the how appoints ed. thirty years aforesaid, give notice to the company and appoint two disinterested persons, and the company shall appoint two other disinterested 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 appoint appraisers on its part, then the two appraisers appointed by the city council shall be authorized to make the apprisal, and the decision of the Provision lln appraisers in either case, shall be final. And if said ease said coIllpany should company shall neglect or refuse for the space of one neglect or refuse to deliver month after an apprisal shall have been made in pursuits aforesaid ance of the provisions of this section, and after said city property to city, shall have notified said company of its readiness to take PORTLAND GAS LIGHT COMPANY. 415 said property at such apprisal, to deliver all its aforesaid property to said city, and to execute good and sufficient conveyances thereof, then said city may take possession of said property and hold the same as is hereinbefore provided, being responsible to said company to pay the appraised value aforesaid, 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, and the rights and privileges of said company as a corporation shall wholly cease from and after their refusal as aforesaid. SEC. 10. If the city of Portland shall not so pay for Exclusive privand take the property of the company, at the apprisal so ileges continned to said made, then the franchise and privileges hereby granted to company for said company, shall be continued to them and shall be twelve years, iu case said held and enjoyed by them exclusively, for a further term city should not take the propof twelve years after the expiration of the thirty years ete y. aforesaid, subject to the limitation prescribed in the ninth section of this act. SEC. 11. If the said company or any of their servants Liability of or officers employed in effecting the objects of the com- company for -n j wilfully or pany, shall wilfully or negligently place or leave any ob- negligently structions in any of the streets of Portland, beyond leaving obstructions in what is actually necessary in laying down, taking up and any street. repairing their fixtures, or shall wilfully or negligently omit to repair and put in proper condition any street, in — or for egwhich the earth or pavements may have been removed by lecting torethem, the company shall be subject to indictment therefor, i ay street, in the same manner that towns are subject to indictment for bad roads, and shall be holden to pay such fine as may Fine, hiow colbe imposed therefor, which fine shall be collected, applied lected and apand expended in the same manner as is provided in case plied. of the indictments aforesaid against towns, or may be ordered to be paid into the treasury of the city. If any Liable for perperson shall suffer injury in his person or property by sonali njury by reason of reason of any such negligence, wilfulness or omission, he said neglishall be entitled to recover damages of the company genee, &c; 416 APPENDIX. therefor, by an action on the case, in any court of competent jurisdiction. Rights of may- SEC. 12. The mayor and aldermen for the time being, Righlts of mayor and alder- shall at all times have the power to regulate, restrict and men in certain me ies. control the acts and doings of said corporation, which may in any manner affect the health, safety or convenience of the inhabitants of said city. SEC. 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. [Approved, August 14, 1849.] AN ACT TO INCREASE THE CAPITAL STOCK OF THE PORTLAND GAS LIGHT COMPANY. [Statutes 1854, Chapter 203.] Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SEC. 1. The Portland Gas Light Company is hereby Capital stock authorized to increase its capital stock to the extent of increase of. one hundred thousand dollars, so that the whole capital stock of said company shall be two hundred thousand dollars, instead of the amount now established. The said additional capital shall be divided into shares of fifty Shares. dollars each, which shall be the established par value of the same. SEC. 2. Whenever the directors of the company shall -how disposed vote to issue any part of such additional shares, the same of. shall be first offered to and may be taken by the existing shareholders, in proportion to their several amounts of stock. The balance of any such issue not taken by existing shareholders, may be sold and disposed of by the directors, in such manner as' they may deem most for the interest of the company. The said additional capital and lights of city shares shall be issued subject to the rights of the city of of Portland,. Portland, as herein provided. SEC. 3. If the city of Portland shall not, at the time Same sbject. of any issue of such capital stock, take its proportional number of shares thereof, the city council may at any time thereafter, by vote, determine to take for the city, so many of the additional shares aforesaid, as may be required 418 APPENDIX. to constitute the city the owner of one-half of all the said additional capital stock of the company. Shares to he SEC. 4. For the purpose of effecting the object pronumbered. vided by the last preceding section, the directors of the company, whenever they shall issue any of the additional stock aforesaid, shall cause the shares thereof to be numbered consecutively, and the numbers of all the shares so issued to be expressed in the several certificates representing the same, and in the several shareholders' accounts Stock issued on the stock books of the company. The certificates of subject to the provisions tf such additional stock shall also express that the shares this act. therein represented are issued and held subject to the provisions of this act. City council SEC. 5. Whenever the city council shall determine by authorized to takecertio n vote as aforesaid, to take additional shares, as provided in nlumlber of the third section of this act, the city shall be entitled to shares. take and become the owner of all the new shares issued as aforesaid, which are numbered by the even numbers, Amount per and shall thereupon pay to the treasurer of the company, share. the sum of fifty-five dollars for every share so taken. Vote of city The vote of the city council as aforesaid, shall be certified council to be certified to to the directors of the company, and they shall cause the directors of same to be recorded in their record. The treasurer shall company, &c. Treasurer au- receive the amount so paid by the city, and shall hold the thorized to re- same, subject to be paid to the order or receipt of the ceive and pay over purchase several persons from whom the said shares shall be so monley. taken. He shall issue to the city, certificates of the eshlti ites ef shares so taken and paid for by the city, and shall adjust shares. the stock accounts of the several shareholders from whom the same are so taken accordingly, and issue to them, if required, new certificates representing the balance of their shares. SEC. 6. This act shall take effect from and after its approval by the governor. [Approved, March 8, 1854.] AN ACT TO INCREASE THE CAPITAL STOCK OF THE PORTLAND GAS LIGHT COMPANY. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SEC. 1. The Portland Gas Light Company is hereby Capital stock authorized to increase its capital stock, to the extent of increased. two hundred thousand dollars, so that the whole capital stock of said company shall be four hundred thousand dollars, instead of the amount now established. The said Shares, par valadditional capital stock shall be divided into shares of fifty ne of. dollars each, which shall be the established par value of the same. SEC. 2. Whenever the directors of the company shall Stock first ofvote to issue any part of such additional shares, the same fered to existing shareholdishall be first offered to, and may be taken by the existing er,. shareholders, in proportions to their several amounts of stock. The balance of any such issue not taken by existBalance howv ing stockholders, after twenty days' notice given in one of disposed of. the daily newspapers published in the city of Portland, to the stockholders, may be sold and disposed of by the directors, in such manner as thqy may deem most for the interest of the company. The said additional capital and lind, rights of. shares shall be issued, subject to the rights of the city of Portland as herein provided. SEC. 3. If the city of Portland, at the expiration of City conacil the twenty days' aforesaid, shall not have taken its pro- may make the portional number of shares thereof, the city council may, city jointownat any time thereafter, by vote, determine to take for the 420 APPENDIX. city, so many of the additional shares aforesaid, as may be required to constitute the city the owner of one-half of all the said additional stock of the company. Directors, SEC. 4. For the purpose of effecting the object produties of. videcl by the last preceding section, the directors of the company, whenever they shall issue any of the additional stock aforesaid, shall cause the shares thereof to be numbered consecutively, and the numbers of all the shares so issued, to be expressed in the several certificates representing the same, and in the several shareholders' accounts on the stock books of the company. The certificates of such additional stock shall also express that the shares therein represented are issued and held subject to the provisions of this act. Ownership, SEC. 5. Whenever the city council shall determine, conditions of. by vote as aforesaid, to take additional shares as provided in the third section of this act, the city shall be entitled to take and become the owner of all the new shares issued as aforesaid, which are numbered by the even numbers, and shall thereupon pay to the treasurer of the company, Shares, value the sum of fifty-five dollars for every share so taken. The vote of the city council as aforesaid, shall be certified to the directors of the company, and they shall cause the same to be recorded in their record. The treasurer shall Treasurer, receive the amount so paid by the city, and shall hold the duties of. same, subject to be paid to the order or receipt of the several persons from whom the said shares shall be so taken. He shall issue to the city certificates of the shares so taken and paid for, and shall adjust the stock accounts of the several shareholders from whom the same are so taken accordingly, and issue to them, if required, new certificates representing the balance of their shares. [Approved February 5, 1856.] AN ACT TO INCORPORATE THE PORTLAND AND FOREST AVENUE RAILROAD COMPANY. Be it enacted by the Senate and House of Representatives, in Legislature assembled, as follows: SEC. 1. Eliphalet Clark, John B. Coyle, John W. Corporators. Adams, Newell A. Foster and Warren Sparrow, their associates and successors, are hereby constituted a corporation by the name of the Portland and Forest Avenue Corporate Railroad Company, with authority to construct, maintain and use a railroad to be operated by horse power, with Constructioln 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 Location, hoAx by the municipal officers of said city of Portland, and determine(d. Act, 1860, as assented to in writing by said corporation, to the boundary amended by line between said city and the town of Westbrook, and act, 1861. 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 municipal 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 Authorized to assented to in writing by said corporation; said corpora- construct, when land tion shall also have authority to construct, maintain and damages have use said railroad over and upon any lands where the land been settled, damages have been mutually settled by said corporation 422 APPENDIX. 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; Proviso. 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 Westbrook, as the municipal officers thereof, respectively, shall in their order fixing the routes of said railroad determine to be for public safety and Vote or votes of convenience. The written assent of said corporation to city or town, any vote or votes of the municipal officers of either said assent of corporation, shall city or town, prescribing from time to time the routes of clerks, &it 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 corporation shall have power Powers, &c. from time to time, to fix such rates of compensation for transporting persons or property, as it may think expedient, and generally shall have all the powers and be subject to all the liabilities of corporations, as set forth in the forty-sixth chapter of the revised statutes. Rails shall not be laid down in said city or town without the assent of the municipal officers thereof, respectively. The tion, term of original location of the route when granted shall be for the term of twenty-five years. The same may be renewed -may be re- from time to time for a term not exceeding fifty years at newed'. any one time, by said municipal officers, upon such terms as they may deem expedient. No such renewal shall be -whlen to be granted prior to two years before the expiration of the renevwede. location then established. No location shall be granted Notice. or renewed, except upon reasonable prior notice to all parties interested. If at the expiration of any of said If at expiration ofterms, use terms, the use of the streets, roads or highways, occupied of streets, &., by said company's railroad, is granted by the municipal is granted any other corpora- officers of either said city or town, or both, to any other tion, &c. corporation or person, it shall be upon condition that such -said corpora- corporation or person shall purchase of said company all tion shall pur- its property of every description in necessary use for the chase, &c. purposes of said railroad upon such terms as may be PORTLAND & F. A. R. R. COMPANY. 423 agreed upon by the parties, or determined by persons _ tems, ho, selected by them; and if they are unable to agree, the determined. value of the same shall be determined by three 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 the time Appraisers, and place of their meeting to examine and appraise said duties of property, and shall make to each party a written award; and their services shall be paid in equal proportions by service of 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 herein- Connection of after incorporated which shall construct its road from Cape similar corpoElizabeth, or Westbrook, where the Portland and Forest ration, Avenue Railroad Company have no track, may enter upon and connect with and use the track of the Portland and Forest Avenue Railroad Company for such rates of com- Compensation; how determinpensation as may be agreed upon, or in case of disagree- d ment of the directors of the two companies, three disinterested persons shall be appointed by a judge of tle As amended by Act, 1861. 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 Railroad, Ihow to be used. said corporation with horse power only. The municipal 424 APPENDIX. City and town officers of said city of Portland, and of said town of We'stregavtnakes brook, respectively, shall have power at all times to make &c. all such regulations, as to the rate of speed and removal Act, 1860. of snow and ice fromn 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. Corporation SEC. 3. Said corporation shall keep and maintain in shall keep in repair, such portion of the streets, town or county roads, repair, streets, &c. as shall be occupied by the tracks of its railroad, and i,,. 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 occupation 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 liability. said corporation. 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 servants. Obstructions ill SEC. 4. If any person shall wilfully and maliciously use of roads, obstruct said corporation in the use of its road or tracks, or the passing of the cars or carriages of said corporation lb. thereon, such person and all who shall aid and abet Penalty. 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. Capital stocl. SEC. 5. The capital stock of said corporation shall not lb. as amended exceed one hundred thousand dollars, to be divided into by act, 1863. shares of one hundred dollars each, and no share shall be Shares. issued for less than the par value. May hold real SEC. 6. Said corporation shall have power to purchase and personal and hold such real estate as may be necessary and conestate. Act,:1860. venient for the purposes and management of said railroad. PORTLAND & F. A. R. R. COMPANY. 425 SEC. 7. Said railroad shall be constructed and main- Railroad to be tained in such form and manner, and with such rail, and constructed, &c., under upon such grade as the municipal officers of said city of direction of Portland, and of said town of Westbrook, respectively, shall city and town. from time to time prescribe and direct; and whenever lb. in the judgment of said corporation it shall be necessary - alterations in to alter the grade of any street, town or county road, grade. occupied by its railroad, said alterations may be made at the sole expense of said corporation; provided, the same Proviso. shall be assented to by the municipal officers of said city and town respectively. If the tracks of said company's railroad cross any other railroad of any kind, in either Crossilgs. 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 crossing is to - onanetr of how deterrminbe made, shall, upon hearing, decide and determine in ed. writing in what manner the crossing shall be made, which shall be constructed accordingly. SEC. 8. Nothing in this act shall be construed to pre- Streetsorroads, vent the proper authorities of said city or town respec- in relatio to. tively from entering upon and taking up any of the streets, lb. 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 shall Act, acceptance be accepted by said corporation, and ten per cent. of the of, &c. capital stock thereof, be paid within five years from its lb, passage. SEC. 10. Said corporation is hereby authorized to Bonds, issue o, issue bonds for the purpose of constructing its railroad, or for money which it may borrow for any purpose sanctioned by law; but the bonds so issued shall not 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. 426 APPENDIX. - approval of; SEC. 11. Such bonds shall be approved by a majority &c. of the finance committee of said corporation, who shall Pb. 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 collectable in law, notwithstanding such bonds or notes may be negotiated and sold by said corporation or its agents at less than their par value. - how secured. SEC. 12. Said bonds shall be secured by a conveyance of the corporate property to three trustees, by a suitable instrument of mortgage to secure the payments of said bonds. Sirikin fTuld. 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. — trustees to Said trustees shall have the care and management of all have manage- the moneys, funds and securities belonging to said sinking ment of, &c. s i fund, and they shall from time to time, at their discretion, 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. Certain acts SEC. 14. The provisions of the fifty-third section of the made applica- fifty-first chapter of the revised statutes, and of the nine bonds, sections of said chapter next following, are hereby made 1:b,. applicable to said bonds and to said mortgage made to secure the same, but said corporation shall not be subject to the other general provisions of law relating to railroads. SEC. 15. This act shall take effect when approved by the governor. [Approved March 19, 1860.] AN ACT ADDITIONAL TO AN ACT ENTITLED "AN ACT TO INCORPORATE THE PORTLAND AND FOREST AVENUE RAILROAD COMPANY." [Approved, March nineteen, eighteen hundred and sixty.] Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SEC. 1. The Portland and Forest Avenue Railroad Railroad may Company is hereby authorized to extend its railroad over be extended, either or both of the bridges which- connect the city of Act, 186 Portland with Cape Elizabeth, and to construct and maintain the same in said town, with all the rights and Rights, priviprivileges, and subject to all the conditions specified in leges, &c. the act to which this is additional, upon condition that lb. said corporation 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 Ib. as amended by Act, 1866. as to require the assent of the directors only, where that of the corporation is required. Capital stock SEC. 3. The capital stock of said corporation is hereby increased $300,000. increased to the sum of three hundred thousand dollars. Ib. as amended by act, 1866. SEC. 4. Said corporation is hereby authorized to Dummy enoperate its road in either or both of said towns of West- gines, use of, authorized, brook and Cape Elizabeth, or in said city of Portland, &c. with dummy engines, with the consent of the municipal officers thereof. SEC. 5. The title of said corporation is hereby amended Corporate name by striking out the words " and Forest Avenue." changed. [Approved, February 24, 1865.] CATALOGUE OF THE GOVERNMENT OF THE CITY OF PORTLAND, IN CHRONOLOGICAL ORDER OF THEIR SERVICE, FROM ITS INSTITUTION, APRIL 1832, TO MARCH 1867o 26 CATALOGUE OF CITY GOVERNNMENT, FROM 1838Q TO 1867. VOTES FOR MAYOR AT THE SEVERAL ELECTIONS HELD FROAIM 1832 TO 1867. 1832-(lst trial.) 1836. Emerson, 621 Cutter, 980 Richardson, 278 Clapp, 962 Clapp, 333 Churchill, 141 Total, 1942 Total, 1374 1837. (2d trial.) Cutter, 940 Emerson, 737 Boody, 380 Churchill, 699 Scattering, 94 Scattering, 7 Total, 1414 Total, 1442 [Emerson resigned before the year ex- 1838. pired, and Jonathan Dow was elected Cutter, 1245 to fill the vacancy.] Mitchell, 985 1833. Total, 2230 Jonathan Dow, 709 Anderson, 783 1839. Scattering, 10 Cutter, 1044 Total, 1492 Clapp, 686 1834. Scattering, 12 Cutter, 1232 Total, 1742 Andersoln, 835 1840 —(lst trial.) Total, 2067 Greely, 497 1835. Cutter, 509 Cutter, 964 Southgate, 702 Harris, 558 Scattering, 9 Total, 1522 Total, 1717 432 CATALOGUE OF CITY GOVERNMENT. (2d trial.) (2d trial.) Cutter, 776 Greely, 855 Southgate, 700 Greenough, 598 Scattering, 105 Scattering, 14 Total, 1581 Total, 1467 [No choice. MIr. Cutter was elected 1845-(lst trial.) l)y city council.] Greely, 817 1841-(lst trial.) Clapp, 666 Churchill, 710 Winslow, 316 Southgate, 680 Scattering, 19 Scattering, 137 Total, 1818 Total, 1527 (2d trial.) (2d trial.) Greely, 950 Churchill, 577 Clapp, 636 Cutter, 269 Scattering, 6 Southgate, 787 Scattering, 38 Total, 1592 1846-(lst trial.) Total, 1671 Greely, 764 [No choice. The city council elected HIolden, 515 Churchill.] Adams, 514 1842. Scattering, 6 Churchill, 863 Anderson, 963 Total, 199 Scattering, 23 (2d trial.) Greely, 941 Total, 1849 Holden, 849 1843-(lst trial.) Scattering, 6 Greely, 691 Anderson, 904 Total, 79 Cutter, 311 eely, 1 Scattering, 12 Geely, 1018 Wells, 687 Total, 1918 Scattering, 20 (2d trial.) 1725 Grreely, 541 Total, 1725 Anderson, 745 1848-(lst trial.) Cutter, 240 Greely, 811 Scattering, 36 Howard, 720 Scattering, 116 Total, 1568 1647 [There being no choice the city coun- Total, 1647 cil elected Greely.] [Of the scattering, 93 for Clapp.] 1844-(lst trial.) (2d trial.) Greely, 771 Greely, 922 Emery, 583 Howard, 715 Appleton, 458 Clapp, 103 Scattering, 10 Scattering, 13 Total, 1822 Total, 1753 CATALOGUE OF CITY GOVERNMENT. 433 1849-(lst trial.) 1854. Cahoon, 957 Cahoon, 1590 Clapp, 1016 Dow, 1487 Scattering, 95 Scattering, 34 Total, 2068 Total, 3111 (2d trial.) 1855. Cahoon, ]066 Dow, 1894.Clapp, 1022 McCobb, 1819 Scattering, 84 Scattering, 29 Total, 2182 Total, 3742 [There being no choice, Cahoon was 1856. elected by the city council.] McCobb 2115 1850. Willis, 1837 Cahoon, 1013 Scattering, 3 McCobb, 674 Total, 3955 Scattering, 23 1857. Total, 1710 Willis, 1964 Cummings, 1547 1851 —-(lst trial.) Scattering Neal Dow, 1184 Shepley, 972 Total, 3514 Noyes, 225 1858. Scattering, 5 Jewett 1757 Jewett, 1757 Total, 2386 Shepley, 1490 (24 trial.) Scattering, 53 Dow, 1.331 Total, 3390 Shepley, 975 1859. Scattering, 2 Jewett, 2017 Total, 2308 Holden, 1812 Scattering, 4 1852. Dow, 1496 Total, 383 Parris, 1900 1860. Scattering, 3 Howard, 2420 Total, 3399 Jewett, 2323 Total, 99 Scattering, 16 1853. 1853. Total, 4759 Cahoon, 1313 Dow, 353 1861. Fox, 611 Thomas, 2431 Fessenden, 75 Howard, 2281 Scattering, 59 Scattering, 9 Total, 2511 Total, 4619 434 CATALOGUE OF CITY GOVERNMENT. 1862. 1865. Thomas, 1821 McLellan, 1765 McLellan, 1687 Sturdivant, 689 Scattering, 6 Scattering, 505 Total, 3514 Total, 2959 1863. 1866. McLellan, 2166 Stevens, 2029 Carroll, 1950 Shurtleff, 934 Scattering, 21 Scattering, 192 Total, 4139 Total, 3155 1864. 1867. McLellan, 1941 Stevens, 1903 Carroll, 805 Shurtleff, 755 Scattering, 7 Scattering, 2 Total, 2753 Total, 2660 1 8 3 2. AAYOR. ANDREW L. EMERSON.* ALDERMEN. Ward 1. —Thomas Hammond, [Ward 5.-Seth Bird, 2.-John Williams, 6.-Nathan Cummings, 3.-John Patten, I 7.-Ebenezer Webster. 4.-Charles Mussey, | CO3MMON COUNCIL. SAMUEL FESSENDEN, PRESIDENT. WVard 1.-Samuel Fessenden, Ward 5.-Oliver Everett, James Molmtfort, Isaac Smith, Ansyl Clark. Elisha Trowbridge. Ward 2.-William Cammett, Ward 6.-George Bartol, Daniel Winslow, William Cutter, Jr., John T. Walton. James B. Cahoon. Ward 3. —Moses Hall, Ward 7.-Job Randall, Eliphalet Greely, Isaac Sparrow, George Jewett. Ezra Holden. Ward 4.-David Dana, John W. Appleton, CHARLES HARDING, Clerk. Simeon Hall. * Resigned previous to expiration of office, and Jonathan Dow was chosen to fill the vacancy, December 31, 1832. CATALOGUE OF CITY. GOVERNMENT. 435 1833. MAYOR. JOHN ANDERSO N. ALDERMEN. Ward. —Ansyl Clark, jWard 5.-Nathaniel Shaw, 2.-John Williams, 6.-Charles Q. Clapp, 3.-Moses Hall, 7.-William T. Vaughan. 4.-Simon Greenleaf, COMMON COUNCIL. DANIEL WTINSLOW, PRESIDENT. Ward 1.-James Mountford, Ward 5.-Thomas Bolton, ~WVilliam W. Thomas, Jeremiah Leavett, Steph. Frothingham. Nathaniel Hamlin. Ward 2.-George W. Pierce, Ward 6.-Martin Gore, Daniel Winslow, Benjamin Larrabee, David Burbank. George Bartol. WVard 3.-Eliphalet Greely, Ward 7.-Ezra Holden, Thomas Warren, James Townsend, Moses Plummer. Robert Knight. Ward 4.-Simeon Hall, Andrew P. Mason, BENJA5IIN C. FERNALD, Clerk, Thomas Chadwick. 183 4. MAYOR. LEVI CUTTER. ALDERMEN. Ward 1.-Phillip Greely, Ward 5.-Alpheus Shaw, 2.-William Cammett, 6.-James B. Cahoon, 3.-Thomas Warren, I 7. —William T. Vaughan, 4.-John Purington. COMMION COUNCIL. ELIPHALET GREELY, PRESIDENT. Islands.-John Starling. Ward 5.-Joseph Noble, Ward 1.-Steph. Frothingham, Asa Hanson, James Mountfort. Edward D. Preble. Ward 2.-Lemnel Dyer, 2d, Ward 6.-Benjamin Larrabee, Marshall French, Nathaniel Warren, Charles M. Davis. John Dow. Ward 3. —Eliphalet Greely, Ward 7.-Ezra Holden, Moses I. Plummer, Alden Pierce, Benj. Knight. Nathaniel Hasty, Jr. Ward 4.-Thomas Chadwick, Simeon Hall, CHARLES HARDING, Clerk, Andrew P. Mason. 436 CATALOGUE OF CITY GOVERNMENT. 1835. MAYOR. LEVI CUTTER. ALDERMEN. W~ard 1.-Phillip Greely, Ward 5.-John Fox, 2. —William Cammett, 6.-James B. Cahoon, 3.-Thomas Warren, 7.-Nathaniel Ilsley. 4.-John Purington, COMMON COUNCIL. ELIPHALET GREELY, PRESIDENT. Ward 1.-Steph. Frothingham, Ward 5. —Asa Hanson, James Mountfort. Edward D. Preble, Phineas Varnum. Ward 2. —Marshall French, Ward 6.-Oliver B. Dorrance, Hosea Harford, Henry B. Hart, Seba Smith. Solomon H. Mudge. Ward 3.-Eliphalet Greely, Ward 7.-James Hall, Benjamin Knight, Nathaniel Hasty, Samuel Chase. Ira Bradford. Ward 4.-Thomas Chadwick, Nathaniel Sweetsir, CHARLES HARDING, Clerk Benjamin Ilsley. 1836. TMAYOR. LEVI CUTTER. ALDERMEN. Ward 1.-Phillip Greely, WVard 5.-Asa Hanson, 2.-Wm. W. Woodbury, 6.-James B. Cahoon, 3.-Charles NI. Davis, 7. —Willianm T. Vaughan. 4.-IMark Harris, COMMON COUNCIL. PHINEAS VARNUM, PRESIDENT. Ward 1.-James MIountfort, Ward 5.-Phineas Varnum, Steph. Frothingham. John Edmond, Elisha Trowbridge. Ward 2.-Enoch AMoody, Ward 6.-Oliver B. Dorrance, William Capen, Henry B. Hart, William Robinson. Seth Paine, Jr. Ward 3.-Charles Rogers, Jr. Ward 7.-Nathaniel Hamblin, Benj. Knight, Ira Bradford, William Boyd. James Hall. Ward 4.-Samuel Hale, Horace Ward, CIIARLES HARDING, Clerk. Freeman Bradford. CATALOGUE OF CITY GOVERNMENT. 437 1837. MAYOR. LEVI CUTTER. ALDERMEN. Ward 1.-Steph. Frothingham, Ward 5.-Asa Hanson, 2.-Eleazer Wyer, 6.-James B. Cahoon, 3.-Charles Rogers, Jr., 7.-Albert Smith. 4.-Charles C. Mitchell, COMMON COUNCIL. JOHN D. KINSMAN, PRESIDENT. Ward I.-James Mountfort, Ward 5. —John D. Kinsman, Joseph R. Thompson. Elisha Trowbridge, Winslow H. Purinton. Ward 2.-Enoch Moody, Ward 6.-Oliver B. Dorrance, Charles Blanchard, Ezra F. Beal, William Capen. John L. Meserve. Ward 3.-William Boyd, Ward 7.-Nathaniel HIamblin, Thomas Cummings, Ira Bradford, Nathaniel Ellsworth. Stephen W. Eaton. Ward 4.-Andrew T. Dole, Rufus Read, CHARLES HARDING, Clerk. James L. Merrill. 1838. MAYOR. LEVI CUTTER. ALDERMEN. Ward. —Steph. Frothingham, Ward 5.-George Clark, 2.-Eleazer Wyer, 6.-Oliver B. Dorrance, 3.-Eliphalet Greely, 7.-Albert Smith. 4.-Charles C. Mitchell, COMMON COUNCIL. JOHN D. KINSMAN, PRESIDENT. Ward I.-James Mountfort, Ward 5.-John D. Kinsman, George Pearson, Elisha Trowbridge, Simeon Skillings. Charles Davidson. Ward 2.-William Capen, Ward 6.-John L. Meserve, William Robinson, Nathaniel F. Deering, Hall J. Little. Clement Pennell. Ward. 3.-William Boyd, Ward 7.-Stephen W. Eaton, Thomas Cummings, Alfred Randall, John B. Cross. Samuel Elder. Ward 4.-Charles Kimball, Ebenezer Owen, CHARLES HARDING, Clerk. George Worcester. 438 CATALOGUE OF CITY GOVERNMENT. 1839. iMAYOR. LEVI CUTTER. ALDERMEN. Ward. —Steph. Frothingham, Ward 5.-George Clark, 2.-Eleazer Wyer, 6.-Nathaniel F. Deering, 3.-Eliphalet Greely, 7.-Joseph Howard. 4.-Charles C. Mitchell, COMMON COUNCIL. ELISHA TROWBRIDGE, PRESIDENT. Ward I.-George Pearson, Ward 5. —Elisha Trowbridge, Joshua B. Osgood, St. John Smith, Simeon Skillings. Nahum Libby. WVard 2.-William Robinson, Ward 6.-Clement Pennell, Hall J. Little, Nathaniel Blanchard, Alexander Hubbs. William E. Greely. WVard 3.-William Boyd, Ward 7.-Stephen W. Eaton, Thomas Cummings, Alfred Randall, Charles E. Barrett. John Sweetsir. WVard 4.-Charles Kimball, Ebenezer Owen, CHARLES HARDING, Clerk. George Worcester. 1840. MIAYOR. LEVI CUTTER. ALDERAIEN. Ward 1.-Joshua B. Osgood, jWard 5.-Joseph MI. Gerrish, 2.-Hall J. Little, I 6.-Nathaniel F. Deering, 3.-William Boyd, 7.-Joseph Howard. 4.-John Purinton, I COMMON COUNCIL. CHARLES E. BARRETT, PRESIDENT. Ward 1.-Harrison Brazier, Ward. 5.-St. John Smith, Ezekiel Thurston, Nahum Libby, John Brackett. Theophilus C. Hersey. Ward 2.-William Robinson, Ward 6.-Nathaniel Blanchard, Edward Fernald, William E. Greely, Joseph Brooks. John B. Brown. Ward 3.-Charles E. Barrett, Ward 7.-Ira Bradford, Seward Merrill, Joseph R. Matthews, Edmund Winship. Levi Bolton. Ward 4.-Samuel Chadwick, Henry B. Hart, CHARLES HARDING, Clerk, Joseph L. Kelly. CATALOGUE OF CITY GOVERNMENT. 439 1841. MAYOR. JAMES C. CHURCHILL. ALDERMEN. Ward 1.-Joshua B. Osgood, Ward 5.-Joseph M. Gerrish, 2.-Hall J. Little, I 6.-William Goodenow, 3.-Samuel Chase, I 7.-Joseph Howard. 4.-John Purinton, | COMMION COUNCIL. HENRY B. HART, PRESIDENT. Ward 1.-Harrison Brazier, Ward 5.-St. John Smith, Ezekiel Thurston, Rufus Horton, John Brackett. Eleazer McKenney. Ward 2.-Edwin Fernald, Ward 6.-Nathaniel Blanchard, Joseph Brooks, John B. Brown, Elias Mountfort. Benjamin Larrabee. Ward 3.-Edmund Winship, Ward 7.-Levi Bolton, William D. Little, Joseph R. Matthews, William C. Beckett. Joseph S. Sargent. Ward 4.-Henry B. Hart, Joseph L. Kelly, CHARLES HARDING, Clefrk George Worcester. 1842. MAYOR. JOHN ANDERSON. ALDERMEN. Ward 1. —John Yeaton, Ward 5.-Parker McCobb, 2.-John Williams, 0 6.-James Appleton, 3.-Samuel Chase, 7.-Joseph Howard. 4.-James Todd, COMMON COUNCIL. CHARLES HOLDEN, PRESIDENT. Ward. —Samuel Clark, Ward 5.-Henry Trickey, Peter Mugford, William P. Stodder, John Brackett. Byron Greenough. Ward 2.-Charles Holden, Ward 6. —Charles Blake, Benjamin Fogg, William W. Thomas, John Dela. Calvin Edwards. Ward 3.-Edmund Winship, Ward 7.-James Meserve, William D. Little, William Budd, William C. Beckett. Elisha Hasty. Ward 4.-Eliphalet Clark, George W. Smith, JOHN G. SAWYER, Clerk. Zenas Libby. 440 CATALOGUE OF CITY GOVERNMENT. 1843. MAYOR. ELIPHALET GIREELY. ALDERMEN. WN'ard 1.-John Yeaton, W'jard 5.-Elisha Trowbridge, 2.-John Williams, 6.-John Dow, 3.-Samuel Chase, i 7.-Joseph Howard. 4.-Thomas R. Jones, COMMON COUNCIL. WILLIAM D. LITTLE, PRESIDENT. XWard 1.-Judah Chandler, Ward 5.-Byron Greenough, John B. Hudson, William P. Stodder, Islands.- John Brackett. Hanson M. Hart. Ward 2.-Benjamin Fogg, Ward 6.-Calvin Edwards, Edward Waite, Clement Pennell, Ebenezer C. Stevens. Alvah Conant. Ward 3.-William D. Little, Ward 7.-William Budd, William Hammond, Alvah Libby, Nathan Chapman. John W. Munger. Ward 4.-George W. Smith, Zenas Libby, JOHN G. SAWYER, Clerk. Abel M. Baker. 1844. MIAYOR. ELIPHALET GREELY. ALDERMEN. Ward 1.-Steph. Frothinghani, Ward 5.-Elisha Trowbridge, 2.-John Williams, 6.-John Dow, 3.-Samuel Chase, I 7.-Stephen W. Eaton. 4.-Thomas R. Jones, COMMON COUNCIL. WILLIA3I D. LITTLE, PRESIDENT. Ward 1.-Judah Chandler, Ward 5. —Hanson M. Hart, John B. Hudson, W. C. Osborne, Islands.- Charles York. Wm E. E. Edwards. Ward 2.-Ebenezer C. Stevens, Ward 6.-Alvah Conant, Edward Waite, Clement Pennell, Samuel R. Leavitt. Rufus Horton.'WFaxd 3. —William D. Little, Ward 7.-Alvah Libby, Edmund Winship, Daniel Brazier, William Hammond. Lewis J. Sturdivant. Ward 4.-Abel M. Baker, Henry B. Hart, S. B. BECKETT, Clerk. Benjamin Ilsley, Jr. CATALOGUE OF CITY GOVERNMENT. 441 1845. MAYOR. ELIPHALET GREELY. ALDERMEN. Ward 1.-Steph. Frothingham, Ward 5.-Elisha Trowbridge, 2.-James C. Churchill, 6.-William Goodenow, 3.-Charles E. Barrett, 7.-George F. Shepley. 4.-Thomas R. Jones, COMMON COUNCIL. WILLIAM D. LITTLE, PRESIDENT. Ward 1.-George Pearson, Ward 5.-Ezra Carter, Joseph Hay, Freeman S. Clark, Franklin C. Moody, Elbridge Tobie. Ward 2.-William E. Kimball, Ward 6.-Rufus Horton, Solomon Crockett, Horace V. Bartol, Josh. W. Waterhouse. Clement Pennell. Ward 3. —William D. Little, Ward 7.-Samuel Rolfe, William Hammond, David J. True, Joseph R. Thompson. Jeremiah Proctor. Ward 4.-Benjamin Ilsley, Jr. Henry B. Hart, S. B. BECKETT, Cler k. Joseph L. Kelly. 1846. MAYOR. ELIPHALET GREELY. ALDERMEN. Ward 1.-Harrison Brazier, WVard 5.-Henry B. Hart, 2.-John Yeaton, 6.-John Dow, 3.-Charles E. Barrett, 7.-P. Fox Varnunl. 4.-Edward Howe, COMMON COUNCIL. WILLIAM D. LITTLE, PRESIDENT. Ward 1.-George Pearson, Ward 5.-Win. E. Edwards, Joseph Hay, Robert F. Green, Franklin C. Moody. Thomas F. Tolman. Ward 2.-Harris C. Barnes, Ward 6-Clement Pennell, Hosea Harford, Rufus Horton, Solomon Crockett. Horace V. Bartol. Ward 3.-William D. Little, Ward 7.-George T. Hedge, Joseph H. Thompson, Samuel Rolfe, Reuben Kent, Jr. Jeremiah Proctor. Ward 4.-Benjamin Ilsley, Jr. Solomon T. Corser, JOHN H. WILLIAMS, CG~t'. Nahum Libby. 442 CATALOGUE OF CITY GOVERNMENT. 1847. MAYOR. ELIPHALET GREELY. ALDERMEN. Ward 1.-Harrison Brazier, Ward 5.-Simon Merrill, 2. —Jona. O. Bancroft, 6.-Nathaniel F. Deering, 3.-Samuel Chase, 7.-P. Fox Varnum. 4. —Edward Howe. COMMON COUNCIL. WILLIAM D. LITTLE, PRESIDENT. Ward 1.-George Pearson, Ward 5.-George Worcester, Franklin C. Moody, John Edwards, Jacob T. Lewis. (One vacancy.) sWard 2. —Hosea Harford, Ward 6.-Clement Pennell, Solomon Crockett, Horace Bartol, Eliphalet Webster. Charles Baker. Ward 3.-William D. Little, Ward 7.-Moody F. Walker, Reuben Kent, Jr., Samuel Rolfe, Alfred M. Dresser. James Meserve. Ward 4.-Solomon T. Corser, Edward Wheeler, Jr., JOHN H. WILLIAS, Clerk. Nathan Barker. 1848. MAYOR. ELIPHALET GREELY. ALDERMEN. Ward 1.-Steph. Frothinghanm, Ward 5.-Byron Greenough, 2.-Lemuel Cobb, Jr., I 6.-Nathaniel F. Deering, 3.-Geo. W. Woodman, 1 7.-Edward Fox. 4.-John Purinton, COMMON COUNCIL. WILLIAM D. LITTLE, PRESIDENT. Ward 1.-Jacob T. Lewis, Ward 5.-Hezekiah Winslow, Elisha Hinds, James T. McCobb, Abner Lowell. Elbridge Tobie. Ward 2.-Rufus W. Thaxter, Ward 6.-James B. Cahoon, Harris C. Barnes, Rufus Horton, John C. Tukesbury. Martin Gore. Ward 3.-William D. Little, Ward 7.-Alvah Libby, Thomas Cummings, Peter Bolton, Joseph R. Thompson. Hiram Brooks.'Ward 4.-Solomon T. Corser, Charles W. Child, JOHN H. WILLIAMS, Clerk. William E. Kimball. CATALOGUE OF CITY GOVERNMENT. 443 1849. MAYOR. JAMES B. CAHO ON. ALDERMEN. WVard 1.-Robert Dresser, WVard 5.-S. R. Lyman, 2.-E. C. Stevens, 6.-Alvah Conant, 3.-W. W. Woodbury, I 7.-Edward Fox. 4.-John Purinton, | COIMMION COUNCIL. WILLIAM D. LITTLE, PRESIDENT. Ward 1.-Joshua Dyer, Ward 5.-Eleazer McKenney, Daniel MI. Thurston, George Worcester, Peter Mugford. Eli Webb. Ward 2. —Moses Russell, Ward 6.-John Bradford, Hosea Harford, Nathaniel O. Cram, James Crie. Edwin A. Norton. Ward 3.-William D. Little, Ward 7.-Alvah Libby, Caleb S. Carter, Hiram Brooks, Thomas Cummings. Peter Bolton. Ward 4.-William E. Kimball, Joseph R. Lufkin, JOHN H. WILLIAMS, Clerka Moses Merrill. 1850. MAYOR. JAMES B. CAHOON. ALDERMEN. Ward 1.-Steph. Frothingham, Ward 5.-S. R. Lyman, 2.-E. C. Stevens, 6.-Alvah Conant, 3.-Charles E. Barrett, I 7.-Edward Fox. 4.-J. B. Cummings, COMMON COUNCIL. WILLIAM D. LITTLE, PRESIDENT. Ward 1.-Simeon Skillings, 3d, Ward 5.-George Worcester, Eliphalet Webster, Eleazer McKenney, William G. Kimball. Charles Blake. Ward 2.-Hosea Harford, Ward 6.-N. O. Cram, James Crie, John Bradford, Moses Russell. Jedediah Jewett. Ward 3.-William D. Little, Ward 7.-Thomas W. O'Brien, Thomas Cummings, Hiram Brooks, Thomas Warren. Nathan Mayhew. Ward 4.-Moses Merrill, William E. Kimball, JoHiN H. WILLIAMS, Clerk. Calvin Gilson. 444 CATALOGUE OF CiTY GOVERNMENT. 1851. MAYOR. NEAL D 0 W. ALDERMEN. Ward 1.-Steph. Frothingham, Ward 5.-Charles Jones, 2.-George Pearson, I 6.-Wm. W. Thomas, 3.-Samuel Chase, 1 7.-Hiram Brooks. 4.-J. B. Cummings, COMMON COUNCIL. WILLIAM G. KIMBALL, PRESIDENT. Ward 1.-Simeon Skillings, 3d, Ward 5.-James E. Robinson, William Hoit, Veranus C. Hanson, S. B. Beckett. Hanson M. Hart. WVard 2.-Williamn I. Cross, Ward 6.-Jedediah Jewett, Joseph R. Brazier, John Bradford, Moses Russell. William G. Kimball. Ward 3.-Bradbury Dearborn, Ward 7.-John W. Rand, Henry Nowell, Nathaniel Walker, Daniel Plummer. J. S. Palmer. Ward 4. —Moses Merrill, Joseph Ring, JoHN H. WILLIAMS, Clerk'. William Cammett. 1852. MAYOR. ALBION K. PARRIS. ALDERMEN. Ward 1.-Robert Dresser, Ward 5. —Hezekiah Winslow, 2.-George Pearson, 6.-Jacob MIcLellan, 3.-W. P. Smith, 7.-J. S. Palmer. 4.-James Furbish, COMMIONN COUNCIL. CHARLES B. SMITH, PRESIDENT. Ward 1.-John Chase, Ward 5.-P. Fox Varnum, John H. Short, Charles B. Smith, L. D. Mason. Ezra Russell. Ward 2.-H. Bailey, Ward 6.-Nathaniel Warren,* Joseph Hay, Edwin Churchill, J. R. Brazier. Abial Somerby, Ward 3.-John Yeaton, Charles H. Haskell. C. C. Harmon, Ward 7.-John W. Rand, Charles Holden. Charles H. Lovejoy, Ward 4.-Joseph Ring, F. Seymour Nichols. Calvin Gilson, Charles D. Bearce. JOHN H. WILLIAMS, Clerk. Resigned, and Mr. Haskell elected to vacancy. CATALOGUE OF CITY GOVERNMENT. 445 1853. MAYOR. JAMES B. CAHOON. ALDERMEN. Ward. —Samuel L. Carleton, Ward 5.-O. L. Sanborn, 2.-George Pearson, 6.-Jacob McLellan, 3.-Geo. WV. Woodman, 7-Jonas H. Perley. 4.-Rufus E. Wood, COMMON COUNCIL. EDWARD P. GERRISH, PRESIDENT. Ward 1.-Emery Cushing, Ward 5.-Ezra Russell, Moses G. Dow, Albion Witham, Sewall Mitchell. Charles B. Merrill. Ward 2.-Samuel Blanchard, Ward 6.-Rufus Horton, Joseph Hay, Nathaniel Ross, Thomas P. Sweetsir. Edward P. Gerrish. Ward 3.-William E. Kimball, Ward 7.-N. P. Cushman, William C. Means, Marshall Rood, Daniel Green. Charles H. Green. Ward 4.-Joseph Ring, James Todd, JOHN H. WILLIAMS, Cler'k. George Lord. 1854. MAYOR. JAMES B. CAHOON. ALDERMEN. Ward 1.-Samuel L. Carleton, Ward 5.-0. L. Sanborn, 2.-Henry A. Jones, 6.-N. Cummings, 3.-Geo. W. Woodman, 7.-Hiram Brooks. 4.-Rufus E. Wood, COMMON COUNCIL. HENRY C. BABB, PRESIDENT. Ward 1.-Henry Robinson, Ward 5.-Ezra Russell, Sewall Mitchell, Charles B. Merrill. Henry C. Babb. Albion Witham. Ward 2.-Samuel Blanchard, Ward 6.-Daniel L. Choate, Rufus Beal, George Worcester, George W. Brown. Augustus E. Stevens. Ward 3.-W-m. C. Means, Ward 7.-Sewall C. Chase, N. J. Gilman, Charles H. Green, Daniel Green. Denney M. C. Dunn. Ward 4.-James Todd, Joseph Ring, JouH T. HULL, Clerk. James S. Marrett. 27 446 CATALOGUE OF CITY GOVERNMENT. 1855. TMAYOR. NEAL DO W. ALDERMIEN. Ward 1.-Samuel L. Carleton, Ward 5.-S. J. Anderson, 2.-Henry A. Jones, 6.-Win. W. Thomas,:3.-Joseph Libby, 7.-IHiram Brooks. 4.-Joseph Ring, COIMMON COUNCIL. HEZEKIAH PACKARD, PRESIDENT. Ward 1.-Moses G. Dow, Ward 5.-Eli Webb, Henry Robinson, Ira P. Farrington, Joseph York. Win. P. Stodder. Ward 2.-R. C. Webster, Ward 6.-Daniel L. Choate, Paul Hall, John B. Carroll, George W. Brown. Hall J. Little. Ward 3.-N. J. Gilman, Ward 7.-Hezekiah Packard, Win. C. Means, Thomas Starbird, George F. Ayer. Charles H. Green. Ward 4.-James Todd, James S. Marrett, JOIIN T. HULL, Clerk. Stephen Emerson. 1856. BIAYOR. JAM IES T. McCOB3B. ALDERMEN. Ward 1.-S. R. Leavitt, Ward 5.-S. J. Anderson, 2.-J. R. Brazier, 6.-N. O. Cram, 3.-C. C. Harmon, 7.-J. S. Palmer. 4.-R. E. Wood, COMMION COUNCIL. CHARLES HOLDEN, PRESIDENT. Ward 1.-D. W. Fessenden, Ward 5.-A. K. Shurtleff, William V. Bowen, William P. Stodder, Joshua F. Weeks. I. P. Farrington. Ward 2. —Joshua Dyer, Wardcl 6.-T. A. Roberts, W. H. Purinton, C. H. Haskell, Charles H. Warren. Hall J. Little. Ward 3.-Charles Holden, Ward 7. —Willard Brackett, Wm. D. Little, C. H. Stuart, J. W. Russell. Daniel Garland. Ward 4. —-Stephen Emerson, James Todd, 3I. F. WHITTIER, Clerk. C. H. Adams. CATALOGUE OF CITY GOVERNMENT. 447 1857. MAYOR. WILLIAM WILLIS. ALDERMEN. Ward 1.-S. R. Leavitt, WVard 5.-E. Trowbridge, 2.-D. W. Fessenden, 6. —Rensalear Cram, 3.-N. J. Miller, 7.-Samuel E. Spring. 4. —R. E. Wood, 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. Ward 2. —-Jonathan. M. Heath, Ward 6.-Stephen Patten, Samuel Waterhouse, Jr., Frederic Hatch, George AI. Elder. Aretus Shurtleff: Ward 3. —-Benjamin Fogg, Ward 7.-J. N. Morrill, Francis Blake, L. B. Smith, D. D. Akerman. John P. Lowell. Ward 4. —-James Todd, Stephen Emerson, i. F. WHITTIER, CleCk. C. H. Adams. 1858. MAYOR. JEDEDIAH JEWETT. ALDERMEN. Ward 1.-William V. Bowen, Ward 5. —-Mark P. Emlery,] 2.-D. W. Fessenden, 6.-E. McKenney, 3.-N. J. Miller, 7.-Samuel E. Spring.. 4.-James Todd, COIMMION COUNCIL. LEWIS B. SMITH, PRESIDENT. Ward 1. —Moses Gould, Ward 5.-Stevens Smith,. Emery Cushing, N. A. Foster, George W. Beal. J. S. Boothby. Ward 2. —Jonathan M. Heath, Ward 6.-Frederic Hatch, Samuel Waterhouse, Jr., A. Shurtleff, George M. Elder. E. P. Banks. Ward 3.-Benjamin Fogg, Ward 7.-J. N. Morrill, Francis Blake, Lewis B. Smith, D. D. Akerman. Levi Weymouth. Ward 4.-C. H. Adams, Stephen Emerson, J. T. HULL, Clerk. J. D. Seavey. 448 CATALOGUE OF CITY GOVERNMENT. 1 859. MAYOR. JEDEDIAH JEWETT. ALDERMEN. Ward 1.-William Curtis, Ward 5.-Mark P. Emery, 2.-Daniel W. Fessenden. 6.-Eleazer McKenney, 3.-J. R. Thompson, 7.-Hiram Brooks. 4.-James Todd, COMMON COUNCIL. LEWIS B. SMITH, PRESIDENT. Ward 1.-George WV. Beal, Ward 5.-Stevens Smith, Emery Cushing, N. A. Foster, William A. Winship. John Lynch. Ward 2.-Charles IM. Plummer, Ward 6. —William W. Thomas, William C. How, John W. Lane, Samuel Waterhouse. G. A. Churchill. Ward 3.-D. D. Akerman, Ward 7.-Levi Weymouth, Samuel W. Larrabee, Lewis B. Smith, William L. Alden. John W. Rand. Ward 4.-James D. Seavey, B. F. Chadbourn, CYRUS NOWELL, Clerk. Samuel S. Webster. 1860. MAYOR. JOSEPH H1O WARD. ALDERMEN. ifWard 1.-Emery Cushing, Ward 5.-Charles P. Kimball, 2.-J. W. Dyer, 6.-H. J. Libby, 3.-J. R. Thompson, 7.-J. S. Palmer. 4.-Samuel Trask, COMMON COUNCIL. O. M. MARRETT, PRESIDEN-T. Ward 1.-George W. Beal, Ward 5.-E. G. Bolton, George Trefethen, Ezra Russell, H. C. Lovell. O. AI. Marrett. Ward 2.-John Barbour, WVard 6. —-William W. Thomas, E. D. Choate, John W. Lane, Samuel Rounds. George A. Churchill. Ward 3.-S. W. Larrabee. Ward 7.-R. NI. Richardson, John Lynch, Simeon Shurtleff, Otis Cutler. Charles IH. Stuart. Ward 4.-W. L. Putnam, Thomas Parker, D. H. INGRAHAAM, Clerk. B. F. Chadbourn. CATALOGUE OF CITY GOVERNMENT. 449 1861. MAYOR. WILLIAM W. THOMAS. ALDERMIEN. Ward 1. —Moses Gould, Ward 5.-Charles P. Kimball, 2. —John E. Donnell, 6.-Edward Hamblen, 3. —S.V W. Larrabee, 7.-Levi Weymouth. 4.-Samuel Trask, COMMON COUNCIL. HENRY FOX, PRESIDENT. Ward 1.-George Trefethen, Ward 5.-Orland M. Mizarrett, William A. Winship, Gardner Ludwig, Daniel Brown. Charles XW. Strout. W\ard 2.-Dorville Libby, Ward 6.-Thomas A. Roberts Charles H. Osgood, Henry Fox, Rutfus Beal. Benjamin Stevens, Jr. Ward 3.-John Lynch, ~Ward 7.-Jonathan H. Fletcher, James Bailey, Rishworth Rich, John True. William H. Stewart. Ward 4.-W. L. Putnam, George H. Chadwick, IRA J. BATCHELOR, Clerk. Sewell Waterhouse. 1862. MAYOR. WILLIAM W. THOMAS. ALDERMEN. Ward l.-Moses Gould, Ward 5.-A. K. Shurtleff, 2.-R. C. Webster, 6.-Thomas R. Jones, 3.-S. W. Larrabee, 7.-D. H. Furbish. 4.-William L. Putnam, COMMON COUNCIL. HENRY FOX, PRESIDENT. WVard I.-W-illiam A. Winship, Ward 5. —Gardner Ludwig, Increase Pote, E. H. Davies, Daniel Brown. Henry Trickey. Ward 2.-C. H. Osgood, Ward 6.-Henry Fox, Rufus Beal, Benjamin Stevens, Jr., Dorville Libby. T. E. Twitchell. Ward 3.-James Bailey, Ward 7.-William H. Stewart, John True, Samuel E. Spring, Charles Holden. J. H. Fletcher. Ward 4.-George H. Chadwick, James McGlinchy, IRA J. BATCHEIOR, Cler'k Sewall Waterhouse. 450 CATALOGUE OF CITY GOVERNMENT. 1863. MAYOR. JACOB McLELLAN. ALDERMIEN. Ward 1. —George W. Beal, Ward 5.-Stevens Smith, 2.-F. C. Moody, 6.-F. G. Messer, 3.-S. W. Larrabee, 7. —William H. Stewart. 4.-Benjamin Larrabee, 2d, COMMON COUNCIL. THOMAS E. TWITCHELL, PRESIDENT. Ward l.- Increase Pote, Ward 5.-Gilbert L. Bailey, William Brown, Edmund Phinney, J. D. Snowman. George L. Storer. Ward 2.-S. Whittimore, Ward 6.-T. E. Twitchell, Henry L. Paine, J. R. Hamlen, Samuel Waterhouse. T. E. Stewart. Ward 3.-Charles Holden, Ward 7.-C. K. Ladd, John True, Joseph Johnson, James Bailey. Brown Thurston. WPard 4.-James McGlinchy, J. H. Harmon, IRA. J. BATCHELOR, Clerk. C. H. Fling. 1864. MAYOR. JACOB McLELLAN. ALDERMEN. Ward 1.-George W. Beal, Ward 5.-Stevens Smith, 2.-Franklin C. Moody, 6.-F. G. Messer, 3.-John E. Donnell, 7.-WinVm. H. Stewart. ~4.-John G. Hayes, COMMON COUNCIL. JAMES H. HAMLEN, PRESIDENT. SWrd 1.-Increase Pote, Ward 5.-G. L. Storer, Wm. Brown, Gilbert L. Bailey, J. D. Snowman. Edmund Phinney. Ward 2.-S. Whittemore, Ward 6.-J. H. Hamlen, Jere Howe, T. E. Stewart, Win. G. Soule. Eben Corey. Ward. —John T. Gilman, Ward 7.-C. K. Ladd, C. H. Burr, Joseph Johnson, Cyrus Nowell. Brown Thurston. Ward 4.-A. P. Morgan, C. A. Gilson, IRA J. BATCHELOR, Clerk. Edwin Clemens. CATALOGUE OF CITY GOVERNMENT. 451 1865. MAYOR. JACOB MXcLELLAN. ALDERMEN. Ward 1.-Thomas S. Jack, Ward 5.-Edmund Phinney, 2.-Stephen Whittemore, 6.-Winm. L. Southard, 3.-John E. Donnell, 1 7.-George F. Foster. 4.-A. P. Morgan, COMMON COUNCIL. GILBERT L. BAILEY, PRESIDENT. Ward 1.-Joseph S. York, Ward 5.-Gilbert L. Bailey, Charles Bailey, Thomas F. Cummings, John J. Gerrish. A. P. Fuller. Ward 2.-Jere Howe, Ward 6.-Eben Corey, George G. Soule, E. P. Gerrish, C. M. Rice. Charles Staples, Jr. Ward 3.-Cyrus Nowell, Ward 7.-Ambrose Giddings, C. H. Burr, F. W. Clark, Daniel Plummer. John M. Brown. Ward 4.-Charles A. Gilson, W. C. Robinson, IRA J. BATCELO, Clerk Joseph Bradford. 1866. MAYOR. AUGUSTUS E. STEVENS. ALDERMEN. Ward 1.-Thomas S. Jack, Ward 5.-Edmund Phinney, 2.-Stephen Whittemore, 6.-Winm. L. Southard, 3.-Charles Holden, I 7.-Ambrose Giddings. 4.-A. P. Morgan, COMMON COUNCIL. CHARLES M. RICE, PRESIDENT. Ward 1.-J. J. Gerrish, Ward 5.-A. P. Fuller, J. S. York, Wm. Gray, J. W. Brackett. W. P. Files. Ward 2.-C. M. Rice, Ward 6.-E. P. Gerrish, D. W. Fessenden, Charles Staples, Jr., S. H. Colesworthy. C. R. Milliken. Ward 3.-Daniel Plummer, Ward 7.-F. W. Clark, J. B. Matthews, Win. H. Phillips, Augustus D. Marr. Elias Chase. Ward 4.-C. A. Gilson, W. C. Robinson, IRA J. BATCHELOR, Clerk. Joseph Bradford. 452 CATALOGUE OF CITY GOVERNMENT. 1867. MAYOR. AUGUSTUS E. STEVENS. ALDERMENt. Ward 1. —Russell Lewis, | Ward 5.-Gilbert L. Bailey, 2.-Charles M. Rice, I 6.-Thomas Lynch, 3. —Vm. Deering, I 7.-Ambrose Giddings. 4.-C. A. Gilson, | COMNION COUNCIL. FRANKLIN FOX, PRESIDENT. Ward 1.-H. H. Burgess, Ward 5.-Wm. Gray, J. S. Winslow, W. P. Files, James Knowlton. A. D. MIarr. Ward 2.-S. H. Colesworthy, Ward 6.-C. R. Milliken, Franklin Fox, A. P. Fuller, George W. Green. Frederic N. Dow. WAard 3.-J. B. Matthews, Ward 7.-Elias Chase, Albert Smith, W. H. Phillips, J. A. Thompson. Win. E. Gould. Ward 4.-Win. C. Robinson, Joseph Bradford, F. A. GERIsIH, Clerk. J. C. Shirley, I INDEX. ABSENTEES from school, provisions respecting, 303. See truants. ACCOUNTS, committee on, 150. See finance. ACTS, to confer certain powers on the city of Portland, 25. authorizing the city to aid in the construction of the Atlantic and St. Lawrence Railroad, accepted, 385, 403, 406, 409. to incorporate Portland Gas Light Company, 410, 417, 419. to incorporate Portland and Forest Avenue Railroad Company, 421, 427. ADULTERATED food or liquors not to be sold, 199. AGENTS, for sale of liquors appointed, 45. restrictions upon and regulations concerning, 45, 46, 47. to give bonds, 40. ALDERMEN, board of to consist of seven, 26. shall not receive salary, 36. to prepare list of voters, 6. 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, file, gunpowder, health, jurors, nuisances, riots, streets. ALIEN PASSENGERS, duty of masters of vessels arriving with, 49. not to be landed till bond given or head money paid, 49. penalty for landing passengers without complying with law, 50. form of receipt to be given on reception of head money, 50. See paupcers. ALLEYS, see streets. ALMS HOUSES, see paupers. AMUSEMENTS, licenses and regulations for, 53. 456 INDEX. ANIMALS, certain, fast driving of in the streets prohibited, 335. not to run at large, 335. not to be frightened, 336. not to go upon sidewalk, 340. with wood for sale, not to be fed in street, 378. APPEAL, for damages of laying new streets, 30. See streets. to supreme court respecting drains, &c., 40. See drains and sewers. APPRENTICES, poor children may be bound out by overseers of poor, 264. See paupers. APPROPRIATIONS, when expenditures exceed, notice to be given, 116. ASSESSMENT, for drains and sewers. See drains and sewrers. ASSESSORS, to be appointed by city council, 27, 28, 348. ASSIZE of bread, 64. ASSISTANT ASSESSORS, to be appointed by city council, 28. ATLANTIC and St. Lawrence railroad bonds, 152. ATTACHMENTS, personal property recorded, 105. AUCTION, vessels to be sold at, to pay penalty for landing alien passengers without permit, 50. lumber, &c., obstructing the streets to be sold at, 329. goods not to be placed on streets to be sold at auction, unless authorized, 58. AUCTIONEERS, to be licensed, 55. their duties and liabilities, 56, 57. sales of pawned goods to be by, 270. AUDITOR, city, elected annually, 99. See sinking fund. to give bond, 99. case of death, &c., successor appointed, 100. to examine vouchers, &c., 100. to countersign drafts, 100. committee on accounts to direct auditor, &c., 100. to keep books, 101. to examine all bills against city, &c., 101. to make annual estimates and statement of expenditures, 101. to open account with treasurer, 102. AWNINGS and shades regulated, 332. BACK COVE, streets on, 343. BALLAST, not to be thrown into harbor, 178, 181. BARK, sale and measurement of, 375. See wood. BATHING, so as to be exposed to view, forbidden, 331. BELLS, to be attached to horses harnessed to vehicle, 87. ringing for false alarm of fire, penalty for, 160. of engines in Commercial street to be rung, 336. BILLIARD ROOMS, restrictions upon, 53. BIRTIIS, registry of, 104. See city clerk. BLASTING ROCKS, no persons to blast rocks within fifty feet of any street without license, 330. INDEX. 457 BOARDS. See lumber. BOARD OF ENGINEERS. See fire. BOARD OF HEALTH. See health. BOARD OF TRADE, may appoint pilots, 274. to fix compensation, 274. BOATS AND LIGHTERS, to be examined, 59. inspectors of, how appointed, 59. BONDS, Atlantic & St. Lawrence Railroad Company, surrender of to city, 152. BONFIRE, penalty for making, 159. BOUNDARY LINES of Portland, 60. to be run once in ten years, 62. stone monuments to be put up, 62. BOW AND ARROW, not to be used ill streets, 332. BOWLING ALLEYS, mayor and aldermen authorized to license, 54. bond to be given, 54. penalty for violation of bond, 54. license not to be granted in certain cases, 54. BOXES, &c., not to be placed on sidewalks, 341. BRAKEMEN, to be attached to trains in Commercial street, 336. BREAD, assize of, 64. BRICK KILNS, not to be erected or fired, 258. BRIDGES, Pride's and Stroudwater bridges, act respecting, 67. VAUGHIAN'S BRIDGE, original provisions of incorporation, 67. became free bridge, 68. draw, construction and regulation of, 68. expense of building, how paid, 68. territorial limits, 68. DEERING'S BRIDGE, when laid out, 69. BacK COVE BRIDGE, original provisions of incorporation, 69. location, 69; restrictions, 70. draw and piers, 70. to be transferred to city, 70. to be toll free, 70. may be constructed for purposes of a draw, 71. draw to be kept, 71. vessels to pass free of expense, 71. tax may be assessed for support of, 71. PORTLAND BRIDGE, incorporated, 71. location, 71. draw and piers, 71. vessels to pass free of expense, 72. surrender to county, 72. acceptance as a free bridge, 73. side passage to Canal street to be built, 73. BUILDINGS, occupations of, by livery stable keeper, saillnakers, and riggers, restrictions upon, 74. penalty therefor, 74. 458 INDEX. BUILDINGS Continued. penalties for injuring or defacing, 74. wooden, erection of, over 10 feet high, forbidden without permission of mayor and aldermen, 75. wooden, cities may make by-laws respecting their erection, 73. penalty therefor, 75. notice to be given of intention to build, 74. mayor and aldermen may cause numbers to be affixed to, 75. penalty for numbering contrary to directions, 75. cellar doors and platforms regulated, 75. to be lighted when open at night, 76. penalty for defacing, 76. bills or posters not to be placed on, 76. dangerous, to constitute a nuisance, 254. See nuisances. on highways, &c., to constitute a nuisance, 215. not to obstruct streets, 329. not to be drawn or moved through streets without permit of mayor and aldermen, 331. bond to be given, 331. remaining beyond time permitted, to be removed, &c., at expense of the owner, 331. snow and ice falling from, to be removed, 342. See public buildings and streets. BURIALS, See cemeteries, health. BURNED DISTRICT, rebuilding of, 292. BURYING GROUNDS. See cemeteries, health. BY-LAWS, city may ordain and pass, 25. municipal court to have exclusive jurisdiction of, 250. enacting style, 258. See ordinances. CARRIAGES, drivers shall turn to the right, 78. not to travel without a driver, 78. not to obstruct the road, 7S. bells to be attached to horses with sleigh or sled, 78. drivers shall not leave horses unfastened, 78. cities may establish rules and regulations respecting, 79. may annex penalties, 79. hackney carriages defined, 79. no person to set up, &c., without a license, 79. no person to drive without a license, 79. penalties, 79. licenses to be granted, 80. may be revoked, 80. record of licenses to be kept by city marshal, 80. one dollar to be paid for license, SO. marshal to make report of, and pay over sum for licenses, 80. when to expire and how transferred, SO. INDEX. 459 CARRIAGES Continued. who shall be liable for forfeiture, &c., 80. penalty for not taking out and paying for license, 80. manner of marking and numbering, 81. no other number to be used, 81. carriage and horse not to be left except, &c., 81. shall not stand except in place assigned, 81. shall not stop abreast of other carriages, 81. shall not stop to obstruct streets, &c., 82. driver shall wear badge, 82. runners shall not be employed, 82. mayor may give directions for standing and route, 82. rates of fare, 83. amount of baggage to be carried, 83. carriages to be inspected, 83. carriages.not to be driven by a minor, unless, &c., 84. OnNIBUSES, license for, may specify time of starting, 84. not to start until five minutes after preceding one, 84. stopping of regulated, 84. shall not leave designated route, 85. TRUCKS, WAGONS, DRAYS, CARTS, HAND-CARTS, SLEIGHS, SLEDS AND HANDSLEDS to be licensed, 85. not to be used without license, 85. licenses to be granted for, 85. may be revoked, 85. fee for license, 85. marshal to make report of, and pay over sum for same, 85. when license shall expire, 86. how licenses shall be transferred, 80. who shall be liable to forfeitures, 86. penalty for using for unlawful purposes, 86. paces at which horses shall go, 86. persons licensed, to obey rules and regulations, 86. CARRIAGES IN GENERAL, bells required when snow is on the ground, 87. shall not stop so as to obstruct foot passengers, 87. how trucks, &c., shall be placed, 87. loading and unloading regulated, 88. stands may be assigned, 88. carts, &c., to be placed near sidewalks, 88. not more than one range to be placed in street, 88. horses harnessed not to be fed on sidewalks, 88. riding upon outside of carriages forbidden, 88. CARTS, regulated, 85. CASK, not to be placed on sidewalk. See sidewalk. CATTLE, not to go at large, 335. CELLAR DOORS, regulated. See streets. 460 INDEX. CEMETERIES, penalty for injury to mon-uments,, &c., 90. committee on cemeteries to be appointed, duties, 90. EVERGREEN CEMETERY. lands appropriated, 90. deed of lots, 91. form of deeds, 91. record to be kept, 92. Evergreen fund, 91. superintendent, duties, 93. of interments in, 93. space in lots fronting avenues, 93. lots for tombs, 94. monuments, trees, &c., 94. roots, branches, &c., projecting, 94. grading of lots, 94. rubbish to be removed, 94. violations of rules, 95. wooden fences, &c., prohibited, 95. unseemly noises, &c., prohibited, 95. horses not to be left unfastened, 95. committee not to receive compensation, 95. body not to be removed from receiving tomb, except, &c.. 95. superintendent to direct grading, &c., 95. trees not to be removed, except, 96. superintendent has charge of receiving tomb, 96. bodies deposited in tomb, 96. temporary burials, removal, 96. fees of undertakers, 96. FOREST CITY CEMETERY, lands appropriated, 97. deed of lots, 97. record to be kept, 97. superintendent of, 97. committee may exchange lots, 98. CHARCOAL. 376. See wood, bark and charcoal. CHARTER. See city charter. CHIEF ENGINEER of fire department. See engineers and fire. CHILDREN between certain ages required to attend school, unless, &c., 302. See schools, truants. CIMNEYS, defective, to be removed or repaired, 157. penalty for setting on fire, 160. CITIZENS, general mneetings may be held, 36. form of warrants of calling general meetings, 145. CITY AUDITOR, 98. See auditor. CITY CHARTER, 25. CITY BUILDINGS, city council to have care of, 4. See pulblic buldings.. CITY CLERK shall administer oath of office to mayor, 8. shall be clerk of board of aldermen, 36. INDEX. 461. CITY CLERK Continued. 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, 80. to endorse transfer of trucks, &c., licenses, 86. to keep records of doings of board of aldermen, 106. of conventions of city council, 106. to notify persons appointed to office, 106. to notify chairlman of committees, 106. to preserve all papers belonging to the city, 107. to keep ordinances in books, 107. to procure stationery, 107. to lay record thereof before city council, 107. to draw bills and ordinances, 107. perform duties prescribed, 107. to record award of arbitrators relative to drains and sewers, 12(6. to sign certificate of appointment of officers of fire department, 161. penalty if guilty of fraud in selection of jurors, 231. member of licensing board, 220. to make record of licenses granted, 221. duty to prosecute violations, 222. to record notices of intention of marriage, 103. to give certificate of notice of intention of marriage, 104. penalty for false certificate, 104. not to issue certificate to persons under age, 104. to record births and deaths, 104. parents, &c., to notify clerk, &c., 104. to record mortgages of personal property, 105. to record attachments of personal property when, 105. may appoint a deputy, 106. to be in writing, 106. deputy to be sworn, 106. to record licenses for erection of stationary steanl engines, 258. notice of appeal for damages by laying out streets to be served upon, 30. to record names of streets, 339. description of sidewalks, 339. CITY CONSTABLE AND MIESSENGER, to be appointed by city council, ~08. to deliver notifications, &c., 108. to arrange rooms, &c., for meetings of city council, 108. to perform the duties of clerk of the market, 108. to have the superintendence of city hall and city government house, -308. to have care of ward rooms, 109. to be subject to orders of city council, 109. 28 462 INDEX. CITY COUNCIL, to be composed of the mayor, aldermen and common council, 25. powers vested in, 25, 28. to fix compensation of subordinate officers, 27. to hold stated monthly meetings, 109. to have exclusive authority over streets, 29. See charter. CITY ENGINEER, to be chosen, 110. to receive compensation, 110. to have charge of plans of streets, &c., 110. to make surveys, &c., 110. may appoint assistants, 110. to make record of street angles, 111. to cause monuments to be placed, 111. mean tide elevation to be base line, 111. to record description of streets, sewers, &c., 111. may direct the placing of street monuments, 111, to make plans of sewers, 111. to supervise drains and sewers, 128. to keep account of expense, &c., 129. to report names of abuttors benefited, 129. CITY FARM, teams of city may be kept at, 326. CITY HALL, erection of, 112. use allowed to military companies, 113. general charge to be with mayor, 113. CITY HAY SCALES, weigher of hay to have control of, 187. CITY MARSHAL. See marshal. CITY OF PORTLAND. See charter. CITY PHYSICIAN, to be chosen annually in March,. 204. duties of, 204. CITY PROPERTY, city council to have care of, 28. schedule to be published yearly, 28. CITY SEAL, 202. See seal of city. CITY SOLICITOR, 315. See solicitor. CITY TREASURER. See treasurer. COACHES, regulated. See carriages. COAL HOLES, in streets, regulated. See streets. COASTING in streets forbidden. See streets. COMMERCIAL STREET, speed of trains in, regulated, 336. bells of locomotives in to be rung, 336. brakemen to be attached to brakes, 336. articles to be unloaded on southeast side of railroad track, 337. trains not to obstruct streets or passage ways, 337. proviso, 337. engines, &c., not to obstruct streets or passage ways, 337. INDEX. 463 COMMERCIAL STREET Continued. side tracks or turnouts not to be laid without permit of mayor, 337. street commissioner to superintend the same, 337. vessels, &c., not to be fastened to sea wall or coping stone, 337. jib boom not to project into street, 338. articles not to be landed over coping stone, 338. COMMISSIONER OF STREETS, to put down monuments when requested by committee on streets or city engineer, 326. See streets. to give notice to persons to repair streets, 328. duties respecting grading streets, 325. to be elected, 325. to be sworn, 325. compensation, 325. to keep streets safe, &c., 325. to superintend general state of streets, 325. not to change grade of streets, without, &c., 325. to make contracts, 325. to take charge of teams, &c., 325. powers of street commissioners of town of Portland given to, 325. to pay damages sustained in consequence of neglect of duty, 325. to be acquainted with lines of streets, &c., 326. to remove obstructions, 326. to perform duties prescribed, 326. to make arrangements for supply of labor, 326. may have city teams kept at city farm, 326. to discharge bills contracted once a month, 326. to render account to aldermen, 326. to render annual account to city council, 326. to cause stone monuments to be erected, 326. to cause drains and aqueducts opened to be repaired,. 328. to remove building materials, &c., obstructing streets,. 329. to direct the construction of coal holes, gratings, &c., 335. to superintend the laying of sidetracks in Commercial street, 337. to furnish bricks, &c., to lay sidewalks at expense of city, 338. to direct laying, &c., 339. rights and duties not to be limited by construction of ordinance, 343. notice of intention to lay down, &c., gas pipes to be given to, 345. encroachment on streets, 343. to examine manner of work, 345. to certify if done to satisfaction of, 345. streets to be repaired to satisfaction, 345. to repair streets at expense of company, 346. COMMON COUNCIL. See charter. 464 INDEX. COMIMON CRIERS, may be licensed, 119. term of license, 119. to keep a list of matters cried, 119. shall not cry libellous matter, 119. penalty for violation, 119. CONSTABLES, to be elected in wards, 32. See jurors. Island ward to elect one, 34. to preserve order in ward meetings, 140. warrants to, for warning meetings of electors, 144, 145. to notify meetings, 145. to make return on warrants, 145. penalty for neglect of duty, to summons voters or to make due return, 412. to serve warrants for ward meetings, 144. same for citizens' meetings, 145. police officers shall have powers of, 277. CONSULTING PHYSICIANS, to be chosen annually, 204. duties of, 204. See health. CONTAGIOUS DISEASES. See health and infectious diseases. CONTRACTS AND EXPENDITURES, deficiency of appropriation, 1106 when appropriations deficient, 116. committees limited in expenditures, 116. CORD WOOD. See fwood. COURT, miunicipal, judge of, 249. jurisdiction, 250, 251. judge not to act as counsel, when, 250. house of ill fame, 250. appeal firom, 250. fines to be accounted for, 250. when held, 251. recorder, how appointed and qualified, 251. writs to be under seal, 251. recorder's powers, 251. when justices of peace may act, 251. when office of judge vacant, 251, 252. restrictions on justices of peace, 251. exceptions, 251. when recorder may issue warrants, 252. salary of recorder, 252. costs, how taxed, 252. duty of recorder in absence of judge, 252. judge, how elected, 252, 253. vacancy, how filled, 252. COURTS, the word streets to include, 342. COWS, cities may regulate, &c., 117. not to go at large, 117. penalties, 117; city marshal to prosecute, 117. to wear straps around neck, 118. INDEX. 465 CRACKERS, fireworks not to be set fire to without license, 158. CRATE, not-to be placed on sidewalk, 341. CRIERS, license to be granted, 119. crying without license, 119. to keep list of matters cried, 119. not to cry libellous matters, 119. penalty, 119. C ULLERS OF HOOPS AND STAVES, shall be chosen, 237. to be sworn, 237. CUTLERY, not to be ground in street without license, 333. DAMAGED PROVISIONS, selling of, penalty for, 199. DANGEROUS DISEASES. See health. DEAD BODIES, not to be dug up, &c., without, &c., 214. DEATHS, registry of, 104. See city clerk. DEBT, of city, committee on, reduction of, 312. duties of committee, 312. what moneys shall be applied to reduction of, 313. duty of auditor, 314. what moneys may be lent to city treasurer by committee, 314. DOGS, tax, may be imposed upon, 121. towns may pass by-laws, regulating going at large, 120. owners of, liable for damages done by, 120. persons assaulted may kill dog, 120. penalty if owners do not confine a mischievous dog, 121. dangerous dogs may be killed, 121. not to go at large without licenses, 121. city marshal shall grant license, 121. fee for same, 121. marshal to keep record of same, 122. make quarterly reports and pay over moneys, 122. licenses to be numbered, 122. dogs to wear collars, 122. city marshal to cause dogs at large without collars to be killed, 122. proceedings when dogs disturb quiet of any person, 122. penalties to be paid by owner or keeper of dog, 122. DRAINS AND SEWERS, mayor and aldermen may lay out, 127. See streets. ground not to be dug for laying or repairing without consent of mayor and aldermen, 328. to be finished to satisfaction of commissioners of streets, 328. private drains may connect with public, 124. regulations may be established by mayor and aldermen, 127. applications for permits to be in writing, 124. amount to be paid for permit, how determined, 124. dissatisfaction with amount paid for permit, how determined, 124. drains heretofore constructed, how maintained, 125. 466 INDEX. )DRAINS AND SEWERS Continued. penalty for connecting private with public drains without permit, 125. to be kept in repair, 125. penalty for neglect, 126. record of permits to be kept, 126. amount for permit to be paid within sixty days, 126. fees of arbitration, 126. private drains, regulations, how established, 124. penalty for injuring public drains, 127. committee on, to be appointed, 128. to be laid in center of street, 128. city engineer to supervise, 12S. to keep account of expense and persons benefited, 129. to report names of abuttors benefited, 129. assessments, how made, 129. manner of collecting assessments, 129. drains entering public sewers to be made as mayor and aldermen may direct, 129. not to be laid under sidewalks, proviso, 130. not to be let out upon surface of streets, 130. rain water from roofs may be carried into common sewer, 130. See health, streets, city engineer, and commissioner of streets. DRAYS, regulated. See carriages. DRIVERS, of carriages, 87. See carriages. ELECTIONS, of city officers to be by ballot, 32. of wardens and clerks, 32. of mayor; of aldermen; of common council, 32. of ward constables, 32, 34. of police and health departments, 27. of other subordinate city officers, 27. of assessors and assistants, 28. of visiting officers, 50. of city constable and messenger, 108. of city engineer, 110. qualifications of electors, 132. time of election of governor, &c., 133. time of election of city officers, 32. lists of voters to be made out, 133. to be posted, 134. evidence of the qualifications of electors to be received, 133, 134. names may be added at regular session, 134. names not to be added or stricken out, except, &c., 134. respecting naturalization papers, 134. mode of warning meetings, 135. notice of sessions to be given, 134. INDEX. 467 ELECTIONS Continued. time of opening polls, 135, 144. closing polls, 141, 145. check lists to be used at elections, 136. ballots to be upon clean white paper, 136. when no choice of representative is effected, 136. result of ballotings, how ascertained, 137. no distinguishing mark to be upon, 136. ballot boxes to be provided, 136. form of warrants for ward meetings, 144, 145. clerk to transmit returns to Secretary of State, 138. loss of returns, how supplied, 13S. oath to copy of record, 139. certificate, how sealed and returned, 139. check lists to be preserved, 139. ballot boxes, how constructed and used, 139. votes, how received, 139. penalties in certain cases, 140. electors to meet in wards, 140. warden to preside, 140. pro tern. may be chosen, 140. names of representatives on list with other officers, 140. if no choice, further meetings, 140. aldermen, when to be in session, 141. three a quorum, 141. notice of session to be in warrant, 141. voting in wards regulated, 141. wardens and clerks, how elected, 141. theirterm of office, 141. neglect to issue warrants, penalty, 142. how recovered, 142. neglect of constable to summon voters, penalty, 142. neglect to deposit and post lists, 142. neglect to keep check lists or to reject illegal voters, 142. striking names from list without notice, 143. altering, &c., check list, and voting in false name, 143. penalty for neglect to supply lost return, 143. penalty for making false certificate, 143. warrants to be served and returned by constables, 144, 145. EMBEZZLING property at fires punishable as larceny, 157. ENGINEER, city, how chosen, and his duties, 110. ENGINEER OF FIRE DEPARMENT. See fire departnent. ENGINE COMPANIES. See fire department. ENGINE HOUSES. See fire department. EXHIBITIONS, public, regulated, 53. EXPENDITURES. See contracts and expenditures, and finance. 468 INDEX.:FARE, for carriages, 83. FAST DRIVING, in streets prohibited, 335. FENCES to be placed on the street line of dangerous lots of land, 327. on refusal, to be placed at expense of owner, 327. ]FERRIES, 146. FILTH not to be thrown into streets, &c., 205. how removed, 205. FINANCIAL YEAR, to be from April 1, to March 31, 151.:FINANCE, joint committee of accounts, 150. their duties, 150. committee of accounts to audit accounts of city treasurer and auditor, 15. financial year beginning and ending, 151. committee on, to be appointed, 151. to negotiate loan, 151. to consider and report on finances of city, 151. treasurer to surrender mortgage bonds of Atlantic & St. Lawrence Railroad Company, when, 152. FIRE, punishment for larceny at, 157. innkeepers to provide means of escape, 155, 156. buildings may be demolished, when, 156, 162. bonfires in streets prohibited, 159. lighted pipes or cigars in ship yards, &c., prohibited, 157. notice to be kept up in such places, 157. penalty for removing notice, 157. defective stove pipes, chimneys, &c., 157. penalty in case of neglect to repair, 157. unlawful kindling of, 157. damage to property, 157. malicious kindling of, 158. kindling for lawful purposes, 158. not to be carried into streets except in covered vessels, 159. fire arms not to be discharged, 15S, 159. brick or lime kilns not to be made or fired, except, &c., 158, 160. penalty for giving a false alarm of, 160. water not to be taken from reservoirs, 159. reservoirs not to be obstructed, 159. penalty for removing fire ladders, 160. burning chimneys, &c., 160. See engineers, fire department, gunpowder. FIRE ARMS, not to be discharged except, &c., 159. FIRE DEPARTMENT, powers relating to, in whom vested, 155. city liable for acts of officers, 155. of what to consist, 161. rules and regulations to be made for government of, 155. penalty for wearing badge, when not entitled, 160. rank of engineers, how determined, 161. INDEX. 469 FIRE DEPARTMENT Continued. organization of board of engineers, 161. power of engineers, 161. engineers to cause combustibles to be removed, 162. board of engineers may suspend companies, 163. companies, how composed, 163. chief engineer, his powers and duties, 163. city council may form companies, 164. foreman and clerk, how chosen, 164. companies may make rules, 165. meetings of companies, 165. fines for absence, 165. pay of members, 165, 167, 168. fires in adjoining towns, 165. duties of foremen, 166. clerks, 166. election of enginemen, 166. duties of enginemen, 167. board of engineers, rules and regulations, 168, 169, 170, 171. FIREWOOD, not to be sawed or split on sidewalk, 340. FIREWORKS, penalty for selling, giving away or setting fire to without license, 159. FISH, fresh, regulations respecting sale of, 208. FOOD, punishment for selling adulterated, 199. FOOT-BALL, forbidden in streets, 330. FOOTWALKS. See sidewalks and streets. FOWLING PIECE, not to be discharged in city, 159. FRUIT, measurement of, 366. FUNERAL CARS, to be under care of superintendent of burials, 212. not to be used except by undertakers, 212. FUNERALS, regulations respecting, 212. GAMING TABLES, not to be exposed in streets, 330. GAS COMPANY, may open streets, 323, 344. See appendix. jiable for damages, 323. GOODS, not to be hung so as to project into streets more than one foot, 332. GRAND JURORS. See jurors. GRATINGS in streets regulated, 336. GRAVES, regulations respecting, 212, 213, 214, 215. GRINDING cutlery in streets forbidden, unless licensed, 333. GUN, not to be discharged in city, 159. See fire armns. GUNPOWDER, municipal officers to make rules and regulations respecting,.72penalty for violation of, 172. may be seized, 172. persons injured by explosion of, may recover damages, 172. when buildings for manufacture of, shall be nuisances, 257. power of municipal officers to search for, 172. 470 INDEX. GUNPOWDER Continued. persons not to sell without license, 172, 174. license to be in force one year, 172. may be renewed or rescinded, 172. amount to be paid for licenses, 173. persons licensed to keep sign over door, 173, 176. notice to be given of rules, &c., to persons not inhabitants of Portland, 173' penalties if gunpowder kept contrary to rules, &c., explodes, 173. no unlicensed person to have larger quantity than one pound, 174. no licensed person to keep over seventy-five pounds, 174. to be kept in copper chests, 174. chest to be placed near outer door, 175. vessels not to land or receive over twenty-five pounds without permit, 175 not to lay at any wharf, 175. permits to land or ship may be granted, 175. how to be transported through streets, 175. proviso, 176. streets through which it may be conveyed, 176. persons to transport shall be appointed, 176. HACKNEY CARRIAGES, 79, 84. See carriages. HAND CARTS, regulated, 85, 86. See carriages. HAND SLEDS, regulated, 85, 86. See carriages. HARBOR OF PORTLAND, boundaries defined, 177. wharves, extension of, 1.78. receiving basins and reservoirs defined, 178. erections in prohibited, except, &c., 179. commissioners appointed, 179. term of office, 179. their compensation, 179. Supreme Judicial Court may enjoin, 180. stones, &c., not to be thrown into, 181. rules for regulation and management of vessels, 181, 182. HARBOR MASTER, to be elected, 180. to be sworn, 180. compensation, 180. duties, 181. HARD COAL, 367. See weigher of hard coal. HAWKERS AND PEDLERS, penalty for selling goods without license, 183. articles forfeited, 183, 184. county commissioners may license, 183. amount to be paid for license, 184. carriage to be lettered, 185. license to be exhibited, 184. penalty for refusal, 184. certain exceptions, 184. not to sell at auction without license, 57. INDEX. 471 HAY, pressed, how marked for sale, 186. forfeited unless so marked, 186. penalty for receiving on board vessel, 187. weighers to be appointed, and bond given, 187. not to be sold without being weighed, 187. penalty, 187. weighing without authority, 187. fees for weighing, 188. pressed and in bundles need not be weighed, 188. HEALTII, board of, 204. officer, how chosen, 195. may remove filth, &c., 195. houses, shops, &c., may be broken open, 194. expenses to be paid by owners of infected articles, 194. INFECTIOUS DISEASES, precaution against infected persons, 192, 193, 195. may be removed to separate house, 192, 193. may be restrained from traveling, 192. penalty, 193. hospitals may be established, 197. any building may be licensed as such, 197. restrictions as to inoculating, 198. process for securing infected articles, 193, 194. infected prisoners shall be removed from place of confinement, 195. physicians liable to hospital regulations, 198. masters of vessels, 196. vessels with infected persons, 196. quarantine, 196, 197. precautions to prevent the spread of infectious diseases, 198. penalties for violation of hospital regulations, 198. householders, &c., to give notice of persons sick with infectious dis — eases, 199. unauthorized disinterment of dead bodies, 214. penalty for selling unwholesome provisions and drinks, 199. penalty for adulterating food or liquors, 199. contagious diseases among cattle, 200. execution of laws, &c., relative to, to be under superintendence of city marshal, 204. to be subject to control of mayor and aldermen, 204. city and consulting physicians, 204. their duty, 204. filth shall not be thrown into streets or waters of harbor or back cove, 204shall be removed at expense of owner or occupants of house, 205. filth, &c., may be'removed by order of mayor, &c., 206. in case of neglect to remove after notice given, 206. to be removed at expense of person notified, 206. 472 INDEX. HEALTH Continued. expense of removal may be sued for, 206. penalties for violation of ordinance, 206. restrictions upon erection of vaults and privies, 206. regulations as to cleansing, 207. contents not to be conveyed through streets, except, &c., 2073 restriction as to sale of fresh fish, 206. dffensive substances not to be thrown into wells, &c., 208. penalties, 208. regulations respecting hog sties, 209. house offal, to be taken away, 209. city cart to collect, 209. collectors of, to be appointed, 209. to be delivered to persons appointed, 209. penalty for collecting of, unauthorized, 209. vaults and privies in an unhealthy state to be cleansed, 210. persons may be removed fiom crowded or unhealthy tenements, 210. hides or leather not to be exposed in streets, 211. HEALTH OFFICER. See health. HIDES and leather, not to be exposed in streets, 211. HIGHWAYS. See streets. HISTORIES OF CITIES, 216. HOG STIES, not to be erected within one hundred feet of any street, &c., 209. HOOK AND LADDER COMPANIES may be formed by city council, 164. members of, may be selected by board of engineers, subject, &c., 164. no member to be under twenty-one, 164. See fire department. HOOPS AND STAVES, surveyors and cullers of, shall be chosen, 237. to be sworn, 237. HORNS, not to be sounded in streets, 333. HORSES, fast driving of, prohibited, 335. not to go at large, 335. not to go or stand on sidewalk, 340. not to be frightened, 336. not to injure ornamental trees, 352. not to be fastened to, 352. IOSE COMPANIES. See fire department. HOSPITALS, may be established for infectious diseases, 197. See health. HOUSE OF CORRECTION, towns may build and maintain, 217. overseers of, to be appointed, 217. their powers and duties, 218. compensation to overseers and master, 218. paupers belonging out of State may be sent to, 174. HIOUSE OFFAL, 209. HOUSES. See buildings. ICE, to be removed from sidewalks, 342. to be covered with sand, &c., 342. thrown into streets to be spread evenly, 342. INDEX. 473 INCUMBRANCES, See harbor and streets. INFECTIOUS DISEASES. See health. INN HOLDERS, 220, 221, 222. INSANE HOSPITAL, lunatics may be sent by municipal officers to, when, 242. INSANE PERSONS may be sent to insane hospital, 242. INSPECTORS OF FLOUR, 223. inspection, how made, 224. to keep records, 224. their liability, 225. penalty for altering inspector's marks, 224. fees, 225. INSPECTORS OF SOLE LEATHER may be appointed, 233. to be sworn, 233. fees, 233. duties, 233. to stamp leather, 234. INTELLIGENCE OFFICES, not to be kept without license, 226. licenses, how granted and revoked, 226. fee for license, 22B. INTERMENT OF THE DEAD, 211-215. See cemeteries, health. IRON, not to be placed on sidewalk, 341. ISLANDS, to constitute a separate ward, 34. to choose a warden, ward clerk and constable, 34. on any island which a majority designate, 34. clerk to make return of votes to clerk of ward one, 35. votes to be counted as belonging to ward one, 35. may adjournl eetings for two days, 35. JURORS, board for preparing lists of, 228. lists how prepared, 228. persons exempted fi'om serving, 228. tickets of names to be kept in jury box, 228. liable to be drawn once in three years, 228. number required to be kept in the jury box, 228. names may be withdrawn, 228. commissioners to divide county into jury districts, 229. rule by which clerk shall issue venires, 229. grand jurors to serve one year, 229. jurors to attend first day of term, 229. duties of sheriffs in relation to distribution of venires, 229. constables shall notify, &c., 229, 230. notice, how given, 230. mode of drawing jurors, 230. penalties for neglect, 231. penalty for fraud by town officers, 231. KILNS, erection of, may be prohibited, 258. penalty, 258. 474 INDEX. LAMPS AND LAHMP POSTS, injuries to, penalty to, 232. committee on, to be appointed, 232. to cause lamps to be set up, 232. mayor, &c., to make contracts and rules for, 232. LANDEAU, See carriages. LANES, the word street to include, 342. LANTERN, not to project into streets, &c., 332. LARCENY, embezzling of property at fires declared to be, 157. LEATHER, boots, &c., may be stamped, 233. penalty for fraudulently stamping, 233. inspectors of sole leather to be appointed, 233. to examine and inspect sole leather, 233. penalty for counterfeiting marks, 233. mode of inspecting and stamping, 234. LIBRARIES, public may be established, 235. towns may raise moneys therefor, 235. donations to, 235. LICENSING BOARD, to consist of municipal officers, treasurer and clerk, 220. to meet on the first Monday of May, 220. to grant licenses to victualers and innholders, 220. may grant licenses for part of year, 221. LIGHTS, to be put up in streets when aqueduct or drain is repaired, 328. when part of street is allotted for building, 329. LIGHTERS, provisions respecting, 59. LIME KILNS, not to be erected or fired, 160. LISTS. See voting lists. LOAN, of credit of city to the Atlantic & St. Lawrence Railroad Company. See appendix. LOGS, duty of surveyor, 241. LUMBER, surveyors of lumber, &c., shall be chosen, 237. to be sworn, 237. to be surveyed before delivery, 237. dimensions, &c., 237, 239. LUNATICS, may be sent to insane hospital, by municipal officers, 242. expense of supporting, 243. discharge of, 244. guardians for, 245. MANUFACTURING ESTABLISHMENTS, may be exempt from taxation, when, 247, 248. MANURE, not to be taken from streets without permit, 331. MARRIAGES, registry of, 103, 104. See city clerk. MIARSHAL, CITY, appointment of, 278. to make report of carriage licenses to mayor and aldermen, 80. to inspect carriages previous to license, 83. to make report of trucks, &c., licenses, to mayor and aldermen, 85. INDEX. 475 MARSHAL, CITY, Continued. to collect fines for cows going at large, 117. to grant licenses for dogs, 121. to keep record of licenses, 80. to make report of licenses granted, and pay over moneys received to treasurer, 122. to cause dogs without license to be destroyed, 122. to pay over moneys belonging to the city, once in three months, 270. to have execution of laws, &c., relating to health, 204. to give permits for opening privies, 207. not to give permit between July first and Sept. first, unless, &c., 207. to give notice to persons having charge of vault, &c., in unhealthy state, 210. to have power of constables, 277. may arrest criminals, &c., without warrant, 277. to give bonds, 278. duties of, 278, 279. to repair to place of riot, 299. to exercise authority to suppress, &c., 299. to report to mayor, 299. to obey orders, 299. to give notice to owners of dangerous lots of land to fence same, 327. to remove lumber, &c., obstructing streets, 329. to sell the same at auction, 330. to take down or remove buildings obstructing streets, 331. may give notice for closing of coal holes, 334. for removal of gratings, 335. may direct persons obstructing sidewalks to move on, 340. to give notice for removal of goods, &c., obstructing sidewalks, &c., 341. to prosecute violations of tree ordinance, 352. See police. MARSHALS, DEPUTY, appointment of, 279. their duties, 279, 280. See police. MASTERS OF VESSELS. See alien passengers, harbor of Portland, and health. MAYOR. See charter. MAYOR AND ALDERMEN. See charter. MEASURERS OF WOOD AND BARK, 375. MINORS, not to drive carriages unless specially licensed, 84. may be bound out by overseers of poor, 264. MONUMENTS, stones to be erected in streets, 326. to be recorded, 326. MORTGAGES, personal property to be recorded, 104. where recorded, 104. MUNICIPAL COURT, 249. See court. powers and duties of, 249-253. NUISANCES, dangerous buildings may be abated as, 254. how and by whom to be removed, 255. 476 INDEX. NUISANCES Continued. if owner does not remove, to be removed at his expense, 255. when offensive trades, &c., shall be deemed to be, 256. stationary steam engines erected without license deemed to be, 258. extension of wharves without permission, 178. advertisements on fences, &c., 256. places assigned for unwholesome business, 257. manufacturing gunpowder, 257. burning bricks, 258. OFFAL, house, how to be kept and removed, 209. city cart to collect, 209. persons to have charge of cart to be appointed by mayor and aldermen, 209. to be delivered to persons appointed, 209. no other to collect, 209. ()RDINANCES AND BY-LAWS, enacting style of, 259. to be published, 259. time of taking effect, 259. construction of, 2509. fines, &c., for violation of, to enure to city, 260. the ordinances in this book declared to be the ordinances of the city, 381. repeal of inconsistent ordinances, and of certain specified ordinances, 381. copies of to be deposited with clerk, 3S82. every member of the city council entitled to one copy, 382. OVERSEERS OF HOUSE OF CORRECTION, 217. See house of correction.. OVERSEERS OF POOR, masters of vessels arriving with alien passengers to make returns to, 268. to be chosen, 262. to have charge of poor, 264. may bind out poor children, 264. to relieve poor of other towns, 266. may remove persons chargeable td places of residence, 267. to receive and provide for such persons, 267. may send notifications, 266. to relieve paupers not belonging in the State, 267. may remove out of State, 267. to take charge of effects of death of pauper, 268. may prosecute and defend suits, 268. See work house, paupers. PARENTS, to give notice of births and deaths to city clerk, 104. PAUPERS, city to support, 262, 264. settlements of, how acquired, &c., 262, 264. overseers of poor to have charge of, 264. minor children of paupers, may be bound out, 264, 205. belonging to other towns, to be relieved, 266. INDEX. 477 PAUPERS Continued. may be removed, 267. mode of recovering expenditures for, 267. proceeding for removal of persons chargeable, 267. overseers to receive the person removed, 267. penalty for return of person removed, 267. foreign paupers may be removed out of State, 267. at death of, overseers of poor to take charge of effects, 268. penalty for leaving pauper where he has no settlement, 268. certificate of intention of marriage not to be issued to, 104. PAWN BROKERS, licenses may be granted to, 269. to keep account of business done, 269. to furnish memorandum of articles pawned, 269. books to be submitted to inspection, 269. penalty, 269. interest on loans, not to exceed certain rates, 270. pawns, &c., when to be sold, 270. certain sales void, 270. surplus proceeds of sales how disposed, 270. PEDLERS. See hawkers and pedlers. PERAMBULATIONS of boundary lines, 62. laws respecting, 62. PERMITS, fee for, 270. PETROLEUM, inspection of, 272. PHYSICIANS, city and consulting, to be chosen, 204. PILOTS, appointment of, 274. oath and bonds, 274. authority and liabilities, 274. board of trade of Portland to appoint, 274. suspension and removal of, 275. liable for damages, 275. PLACES, See streets. PLANK, 237. See lumber. POLICE, administration of, vested in mayor and aldermen, 277. cities may establish police regulations, 277. powers of, 277-281. penalty for resistance to, 281. POLICEMEN, may be appointed, 280. their powers and duties, 280, 281. their uniform, 282. See police and streets. PORTLAND AND FOREST AVENUE Railroad, ordinances relating to, 283. acts incorporating and additional, 420, 427. PORCHES AND PORTICOES, not to project into street, 333. PORTLAND GAS LIGHT COMPANY, acts incorporating, and additional, 410, 417, 419. POWDER, See gunpowder. 29 478 INDEX. POWDER MAGAZINE, keeper of may be appointed, 174. to give bonds, 174. duties, 174. See gunpowder. PRESIDENT OF COMMON COUNCIL.'See common council. PRIVIES, not to be erected within nine feet of street, &c., 206. proviso, 207. regulations as to cleansing, &c., 207. contents shall not be conveyed through streets, except, &c., 207. to be conveyed without city limits, 207. in unhealthy state to be cleansed, 210. PRIVATE WAYS. See streets. PROVISIONS, punishment for selling unwholesome, 199. PUBLIC BUILDINGS, committee on to be appointed, 289. to have care, &c., of buildings belonging to city, 289. proviso, 289. to lease buildings, 290. plan of buildings to be erected or repaired, to be prepared by, 290. to publish notice, 290. proposals of work to be sealed, 290. how and when opened, 290. not to be disclosed till contract is made, 290. proviso, 290. contracts exceeding five hundred dollars to be in writing, 290. to be signed by mayor, 290. not to be altered unless, &c., 291. expenditures not to exceed appropriations, 291. purchases of land to be under direction of committee, 291. no building to be sold without order of city council, 291. repairs to be done under committee, 291. PUBLIC PLACES, the word streets to include, 342. PUBLIC SQUARES, the word streets to include, 342. QUARANTINE, masters of vessels with infectious diseases on board may be examined under oath, 196. vessels having on board infectious disease to anchor at a distance, 196. penalty, 196. municipal officers may establish, 196. penalty for violation of, 197. red flags shall be provided, 197. to be kept at head of mainmast of vessel, 197. no person to go on board vessel without permission, 197. persons going on board to be detained, 197. health officer or committee may perform the duties of, municipal officers relative to, 197. expenses incurred how paid, 197. INDEX. 479 RAILROAD CORPORATIONS to cause bells of engines on Commercial street to be rung, &c., 336. to cause suitable number of brakemen to be attached to cars, 336. liable for violation of regulations respecting Commercial street, 336, 337. RAILROAD ENGINES, not to stop on Commercial street so as to obstruct, &c., 337. REBUILDING BURNED DISTRICT, 292. bonds of city for, 292. commissioners to negotiate loan, 292. their compensation, 293. may loan on mortgages of real estate, 293. interest upon loans, 293. sinking fund, 293. moneys to be invested, 293. vacancies, how filled, 293. removals, how made, 293. succession in management, 294. duties of city treasurer, 294. accounts, &c., how made, 294. order relating to bonds, 295. RECORD OF BIRTHS, deaths and marriages, 103, 104. See city clerk. RESERVOIRS, water not to be taken therefrom, 159. nothing to be placed thereon, 159. RIOTS, unlawful assembly of three or more persons, 296. what to constitute a riot, 296. one person alone may be convicted, 297. duty of magistrates, &c., when there is an unlawful assembly of more than twelve persons, 297. penalty for refusing to assist in arresting offenders, 297. neglect of duty by officers, 297. powers of magistrates if persons assembled do not disperse, 298. duty of armed force if called out, 298. if any person be killed or wounded, magistrates and officers held guiltless, 298. when rioters refuse to disperse, 298. pulling down houses, &c., 298. cities liable for portion of property destroyed by mob, 299. remedy of cities against persons doing the damage, 299. marshal and police officers to repair to place of riot, 299. ROCKETS, not to be sold or set fire to without license, 158. SALE OF SECOND HAND ARTICLES, 300. SAWING firewood on sidewalks forbidden, 340. SCALES, See weights and measures, hay, weigher of hard coal, weigher of plaster. SCHOOL AGENTS. See schools. SCHOOL COMMITTEE. See schools. 480 INDEX. SCHOOL FUND. See schools. SCHOOL INSTRUCTORS. See schools. SCHOOL RETURNS. See schools. SCHOOLS, towns may choose agents, 302. penalty for not choosing committee, 302. towns may make by-laws concerning truants, 303. truants from, 303. superintending school committee, 302, 303. how elected, 302, 303. powers and duties of superintending school committees, 302-309. may act as agents of, 302. filling vacancies, 304. instructors' duties and qualifications, 309. penalty for interrupting or disturbing scholars, 310. parents liable for injury by minors to school houses, 310. school committee to elect and remove instructors, 310. to apportion salaries for instructors, 310. salaries not to exceed appropriations, 311. persons not vaccinated not permitted to attend public schools, 311. school committee may cause scholar to be vaccinated, 311. children required to attend, 354. SEAL OF THE CITY, design, 312. SEALER OF WEIGHTS AND MEASURES, to be appointed by mayor and aldermen, 365. to be sworn, 365. to receive standards from treasurer, 365. to deliver the same at expiration of office, 365. to post notifications in month of May, 365. to deface or destroy weights, &c., not of correct standard, 365. authorized to visit stores, &c., 365. to prove and seal weights, &c., 365. penalty of person neglecting to have weights, &c., proved, 365. penalty for neglect of duty, 365. SECOND HAND ARTICLES, sale of, 300. license for, 300. to designate place of sale, 300. sale of without license, penalty, 300. license revoked, 300. SEWERS. See drains and sewers. SHADES and awnings regulated, 332. SHEEP, not to go at large in streets, 335. SHERIFF. See jurors and riots. SHIPS. See alien passengers, harbor and quarantine. SHOW BILL, not to be posted on buildings, &c., except, &c., 76. SHOWS, public, 53. fSICKNESS. See health, infectious diseases and nuisances. INDEX. 481 SIDE TRACKS, in Commercial street not to be laid without permit, 337. SIDEWALKS, 338. See streets. SIGNS, &c., not to project into street, 332. SINKING FUND, 313. committee on reduction of city debt, 313. See loans. appropriations for city debt, 313. duty of auditor, 314. committee to loan to treasurer, when, 314. SLEDS, regulated, 85. coasting on, in streets forbidden, 330. See carriages, wood. SLEIGHS, regulated, 85. See carriages. SMALL POX. See health. SNOW, to be removed from sidewalks, 341. to be spread evenly when thrown into streets, 342. SNOW BALLS, not to be thrown in streets, 330. SOLE LEATHER. See leather. SOLICITOR, to be chosen annually, 315. his qualifications, 315. duties, 315. to commence and prosecute suits, 315. to defend suits against city, 316. to appear before the legislature, 316. to furnish legal opinions, 316. to make annual report to city council of unfinished business, to be published, 316. SQUARES, the word streets to include, 342. STABLES, livery, buildings not to be occupied for, without direction of municipal officers, 74. penalties, 74. STEAM ENGINES, stationary, not to be used without license, 258. licenses to be granted, 258. to be recorded, 258. duty of municipal officers on application for a license, 258. erected without license, deemed a nuisance, 258. STEELYARDS, allowed, if sealed, 366. See weights and measures. STEPS, not to project into streets, 225. STONE, surveyor of, 347. duties, 347. STONES, not to be thrown in streets, 330. STOVEPIPES, defective, to be removed or repaired, 157. penalty for setting on fire, 160. STREETS, authority of city council over, 320. land damages, 321. original location to be ascertained by city engineer, 322. persons may object, 323. obstructions on public occasions, 323. 482 INDEX. STREETS Continued. goods not to be sold at auction in, except, 58. monuments to be placed at angles, 111. to have the letter Ml cut on, 111. angles and distances to be recorded, 111. grades, description of, to be recorded, 111. bonfires in, prohibited, 159. filth, &c. See nuisance. contents of vaults not to be conveyed through, except, &c., 207. hides and leather, not to be exposed in, 211. city council to lay out, 320. appeal for damages, 321. notice to be served on city, &c., 322. authority of city council to lay out streets below high water mark, subject, &c., 320. seven days' notice to be given of intention to lay out, 321. report of laying out, with boundaries, &c., to be made to city council, 321. to be accepted, 321. to be filed in clerk's office, 321. may be discontinued, when, 321. damaces, how estimated and paid, 321. cities not required to maintain ways less than two rods wide, 212. commissioner of streets, 325. See coi'missioner of streets. powers and liabilities, 325, 326. shall not change grade without, &c., 325. shall make contracts, &c., 325. obstructions in streets to be removed, 329. buildings, &c., in streets to be removed, 331. Portland Gas Light Co. authorised to lay down pipes, &c., in streets, liability for damages, 323, 324. persons making excavations near streets, 324. portion of, may be set off as sidewalks, 31. names of streets to be continued, 324. committee on laying out, to be appointed, 324. duties as to laying out streets, 324. to report to city council, 325. portion of, to be allotted for building purposes, 328. portion allotted to be used for laying materials, &c. 329. to be enclosed and lighted, 329. lumber, &c., not to be placed in, to remain over six hours, without permit, 329. may be removed at expense of owner, 329. when owners refuse to remove, or are unknown, to be sold at auction, 330. rocks not to be blasted within fifty feet of, 330. persons not to play at bat and ball in, 330. not to throw stones, &c., in, 330. INDEX. 483 STREETS Continued. not to shoot with bow and arrow in, 330. not to fly kites in, 330. not to coast on sleds in, 330. not to expose gaming tables in, 330. not to play at unlawful games in, 331. manure not to be taken from, without, &c., 331. buildings not to obstruct, 331. not to be moved through, without permission, 331. not to remain in exposed situations, 331. goods not to be suspended-so as to project into, 332. awnings and shades not to be placed in, except, &c., 332. signs not to project into, 332. making noises in, forbidden, 333. grinding cutlery, &c., in, without license, forbidden, 333. porticos, &c., not to project into, 333. cellar doors, &c., not to remain open, 333. light to be kept at entrance, 334. entrance and steps to be secured with railings, 334. light to be placed, 334. apertures and coal holes not to be made without license, 334, 335. not to be left open, 335. gratings not to extend more than eighteen inches, 335. horses not to be driven in, at a faster rate than six miles an hour, 335. horses, cattle, &c., not to run at large in, 335. horses or animals not to be frightened in, 336. regulations respecting Commercial street, 336. See Commercial street. name of street to be recorded, 339. ice thrown into, to be spread evenly, 342. word "street" to include lanes, &c., unless, &c., 342. provisions of ordinance not to limit rights, &c., of commissioner of streets, 343. gas company to give notice of intention to lay down, &c., pipes, 345. street commissioner to examine works, 345. streets not to be dug up, &c., without consent of mayor and aldermen, 345. liability of company for damages, 345. trenches made in, to be lighted and fenced, 346. work to be done with convenient despatch, 346. streets to be repaired, 346. materials, &c., to be removed, 346. to be repaired to satisfaction of commissioner, 346. in case of refusal, to be repaired at expense of company, 346. pipes laid in contact with drains, &c., 346. course of drain may be changed, 346. SIDEWALKS, posts may be placed along edge, 31. paving, 38. 484 INDEX. STREETS, SIDEWALKS, Coiltinued. gratings in, not to extend, &c., 335. mayor and aldermen may authorize the construction of coal holes in, &c., 335. not to extend more than three feet, 335. width of regulated, 338. may be accepted after put in repair, 338. proviso, 338. bricks and sand furnished to lay, 338. to be laid under direction of commissioner of streets, 339. when city council require, to be paved, 339. city assume one half expense, 339. description to be entered, 339. alterations in, 339. posts and trees not to be set in without consent, 340. carriages, hand carts, &c., not to go on, 340. horses or animals not to stand on, 340. wood not to be sawed or split upon, 340. persons not to stand in groups on, 340. penalties, 340. to move on, 340. goods not to be placed on, so as to obstruct, 341. penalties, 341. penalties for suffering to remain after notice, 341. snow to be removed from, 341. to apply to snow falling from buildings, 342. ice to be removed from, 342. ice or spow thrown into street, to be placed evenly and broken, 342. to be covered with sand, 342. on back cove flats, 343. lines and grades of, 343. encroachment on, 343. no new grades fixed or old ones changed, except, &c., 344. paving, 344. SUPERINTENDENT, of Evergreen Cemetery, 93. of burials, 211. his duty and powers, 211, 212. SURVEYORS OF LUMBER. See lumber. SWIMMING, so as to be exposed to view forbidden, 331. SWINE, not to be kept, &c., 209. not to go at large, in streets, 227. TAXES, to be assessed and collected according to laws of State, 28. city council may make further provisions relative to, 28. collector of, may distrain and arrest anywhere, 349. advertisement of sale of real estate for, 350. INDEx. 485 TAXES Continued. assessment and collection of, 350. list of unpaid taxes of twenty dollars and upwards to be published annually, 350. bills for, to be delivered treasurer by assessors, 350. duty of treasurer, 350. interest on unpaid, 350. discount on, 350. TEACHERS. See Schools. THROWING stones or snowballs in streets, &c., forbidden, 330. THEATRICAL EXHIBITIONS, may be licensed, 53. TIMBER. See Lumber. TRAINS, speed of, in Commercial street regulated, 336. not to obstruct streets, &c., 337. TREASURER AND COLLECTOR, to give bonds, 150. may distrain and arrest for taxes anywhere, 349. duty of, on bills unpaid, 350. may receive compensation, when, 349. TREASURER, to keep record of lots in Evergreen and Forest City cemeteries, 92, 97. to report to city council lots sold, 92, 97. to execute deeds of lots, 91, 97. to collect and receive rents, 150. to receive fines and penalties, 150. to proceed to collect accounts without delay, 150. to report unsettled accounts to mayor and aldermen, 151. to make up annual account to first day of April, 151. duty on surrender of certificates of city debt by At. & St. Law. R. R. Co., when, 152. to be a member of licensing board, 220. bond of licensed person to be given to, 221. fee for license to be paid to, 221. to keep set of standard weights, &c., 364. to keep seal, 364. See city auditor, finance, sinking fund, taxes. TREES, cities may make by-laws concerning, 351. ornamental, moneys may be expended by cities in planting of, 351. penalty for injury to, 351. not to be removed without permit, &c., 352. not to be injured by horses, &c., 352. horses, &c., not to be fastened to, 352. duty of city marshal to prosecute, 352. fines, &c., collected, to constitute a fund for replanting, 352. TRUANTS, cities authorised to make provisions concerning, 303. See schools. ordinances respecting, to be approved by Justice of S. J. C., 303. persons to be appointed to make complaints against, 303, 354. may be placed in reform school, 353. 486 INDE X. TRUANTS Continued. children between the ages of six and seventeen years required to attend school, 354. punishment for truancy, 354. truant officer to be appointed, 354. what to constitute an habitual truant, 354. institution of instruction for, designated, 355. may be sent to the house of correction, 355. children between the ages of eight and sixteen not attending school, how punished, 355. TRUCKS, regulated, 85. See carriages. UNDERTAKERS, to be appointed by mayor and aldermen, 212. their duties, 212. no other persons to undertake funerals, 213. their fees, 213. to make returns, 214. See health. UNLAWFUL ASSEMBLIES, 296. See riots. VACCINATION, persons not vaccinated, not permitted to attend public schools, 311. to be performed by city physician, 311. of inhabitants, 199. VAULTS, regulated, 206, 207. See health. VENIRE, for jurors, 229. VESSELS, duties of master respecting alien passengers, 49. harbor regulations concerning, 181, 182. quarantine regulations respecting, 196,197. regulations respecting pilotage of, 274. not to be made fast to sea wall, &c., on Commercial street, 337.. VICTUALERS, may be licensed, 221. See licenses. VISITING OFFICER, appointment of, 50. duties, 50. compensation, 50. form of receipt to be given on receiving head money, 50. See alien passengers. VOTERS. See elections. WAGONS, regulated, 85. See carriages, wood. WARD CLERKS, to be elected by ballot, 31. for Islands, 34. to hold office for one year, 31. to be sworn, 31. to preside in absence of the warden, 32. to record proceedings, 32. to certify votes given, 32. INDEX. 487 WARDENS, to be chosen by ballot, 31, 141. for Islands, 34. to hold office for one year, 31. to be sworn, 31. to preside at ward meetings, 31. warden, pro tem, may be chosen, 140. WARD MEETINGS, how called, 357. may be adjourned for two days, 33. form of warrants for calling, 144. WARDS, city divided into, 356. to be revised once in ten years, 356. new division of, 358. boundaries of, 358. when to take effect, 360. in cities, how changed, 358. WATCHMEN, may be appointed, 281. their powers and duties, 281. WATER, not to be taken from reservoirs or wells of the city, 159. WATERING TROUGHS, three dollars tax to be abated to persons who maintain, 361. aldermen to decide between claimants, 361. WAYS. See streets. WEIGHERS AND GAUGERS, one or more to be appointed, 362 to be sworn, 362. duties, 362. fees, 362. shall pay for use of scales, 363. persons not authorized acting, 363. WEIGHER OF HAY, to be chosen, 187. to give bond, 187. to conform to regulations, 187. compensation, 188. WEIGHER OF HARD COAL, to be chosen by city council, 368& duties, 368. to examine and prove scales, 368. to give public notice of scales not sealed, 368. not to use scales not sealed, 368. penalties, 368. compensation, 363. coal to be sold by weight, 367. parties may agree upon weight, 368. WEIGHER OF PLASTER, to be elected by city council, 370. compensation, 370. scales for weighing to be provided by city, 370. bonds, 370. 488 INDEX. WEIGHTS AND MEASURES, standards, 364. appointment of sealers of, 35. penalty of sealer not accepting office, 365. duty of town sealer, 365. what scales may be used, 365. custody of standards, 365. of selling by heap measure, 366. gross or avoirdupois weight, 366. WELLS, substances not to be thrown into, 208. WELLS AND PUMPS, penalty for injury to pumps, 370. penalty for taking water from wells, 370. WHARVES, no wharf to be extended without assent of mayor and aldermen, 372. wharf line established, 373. WINDOWS, not to project into streets, 333. WOOD, not to be sawed or split on sidewalks, 340. WOOD, BARK AND CHARCOAL, dimension of a cord of wood, 375. penalty for selling before survey, 375. ticket to be given, 375. how cordwood shall be corded when brought by water, 375. ticket to be exhibited on demand, 375. penalty for fraudulent stowage, 376. how charcoal may be measured and sold, 376. size of coal baskets, 376. to be sealed, 376. penalty for using other baskets, 376. seizure of baskets, 376. penalty for refusing to give certificates, &c., 376. measurers of firewood and bark to be appointed, 377. to be sworn, 377. measurement to be of two branches, 377. of firewood, &c., brought by teams, 377. of same by water and R. R. conveyance, 377. city divided into two districts, 377. duties of measurers, 378. to give tickets certifying measure, 378. to keep record of tickets issued, 378. to report to city council, 378. teams with wood, &c., not to stand in street longer than ten minutes, 378. cattle not to be fastened to post, &c., 378. team not to be fed, where, 378. wood not to be unloaded or piled, where, 378. person appointed to seize charcoal baskets, when, 379. WOODEN BUILDINGS, regulations respecting, 75. WRITS. See municipal court.