Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/charterordinanceOOportrich THE CHARTER MD ORDINMCES OF THE CITY OF PORTLAND, TOGETHER WITH ACTS OF THE LEGISLATURE, RELATING TO THE CITY, AND TO MUNICIPAL MATTERS. COLLATED AND REVISED BY A JOINT COMMITTEE OF THE CITY COUNCIL, ASSISTED BY CLAKENCE HALE, Esq., City Solicitor. •■^x. PORTLAND, MAINE I DRESSER, McLELLAN & COMPANY. 1881.. PRESS OP Charles E. Nash, AUGUSTA. CITY OF PORTLAND. In Board of Mayor and Aldermen, April 5th, 1880. Ordered, That a committee consisting of two on the part of this Board, and such as the Common Council may join, be appointed, whose duty it shall be to cause the ordinances of the city to be revised, collated and arranged for publication, together with the city charter and such statute laws as are applicable to the affairs of the city. That the committee shall make report to the city council from time to time any changes required to be made, or deemed neces- sary to make in the ordinances of the city. And that the com- mittee have power to employ such assistance as they deem expedient to prosecute the work, the clerk hire not to exceed five hundred dollars, the expense to be paid from the contingent^ fund. Read and passed ; and appointed, on part of this Board, Aldermen Andrews and Chapman. Sent down. In Common Council. Read and passed in concurrence : and joined to committee M.essrs. Melcher, Duddy and Thurston. Approved, April 7, 1880. 116880 CITY OF PORTLAND. Ix Board of Mayor axd Aldermex, March 14, 1881. Ordered^ That a joint special committee of two on the part of this Board and three on the part of the Common Council be appointed .to supervise the work of printing and binding the revised ordinances of the city under the contract made by order of the last City Council through its committee on revised ordinances. Read and passed ; and api)ointed Aldermen Chapman and AVinslow, and sent dow^n. I In Common Council. Read and passed in concurrence, and appointed Messrs. Melcher, Duddy and Thurston. Approved, March 15, 1881. PEEFACE The City Council, by the foregoing orders, authorized a revision and compilation of the city ordinances, together with the city charter and such statutes as should be applicable to city affairs. The committee to whom the work was assigned have attended to their duty, with the assistance of Clarence Hale, Esq., City Solicitor, and present this book as the result of their labors. In the preparation of this work the general plan adopted in previous editions has been substantially followed, because the arrangement is familiar to members of the city government and to our citizens. The historical and explanatory notes have been enlarged, and a great number of references have been made to judicial decisions. These notes and references have been made with as much brevity and conciseness as possible, and are inserted not Avith the idea of making this book a treatise on municipal law, but in the hope that city officers and members of com- mittees, in their departments, may find some helpful suggestions, and some answers to the inquiries that constantly arise as to the rights of the city and the duties of its various officers and agents in the administration of municipal affairs. With this object in view more general statutes relating to municipal matters are printed in this volume than have been in former editions, 8 PKEFACE. although it would be obviously impossible that all the laws bear- ing on those matters could be embraced in a book of this .size. The citations from statutes are made from the revised statutes of 1871, and from the yearly statutes since that time. This has involved much more labor in compilation than would have been necessary if the revision of the State statutes, now in progress, had been completed. In many cases statutes bearing on munici- pal afiairs have been only referred to without taking the space to quote their language, but in nearly all cases where statutes have been quoted at all, they have been printed in full from the orig- inal laws. The ordinances passed since the last revision in 1868, both those in the Municipal Eegistry of 1880 and those made since its publication, are compiled without change, and grouped in their proper chapters with the ordinances already printed in the edition of 1868. In the execution of the plan of the committee the volume contains : 1st, The ordinances of the city. 2d, The city charter and special acts of the legislature relating to the city, collated under appropriate titles and chapters ; also special acts bearing upon our railroad, and other public interests, as well as some agreements and citations from records bearing on those interests. 3d, Such notes and memoranda of judicial decisions as are deemed necessary and useful, so far aj? space would permit. 4th, An appendix containing the Rules and Orders of the City Council and of the two Boards, and a catalogue of the City Council since the incorporation of the city. Portland, November, 1881. CONTENTS. PAGE. City charter and amendments, 25 Agents, • 47 Amusements, 63 Assemblies, 65 Auctions and auctioners, 58 Boats and Lighters, 61 Boundary lines, " 63 Bread, assize of, 67 Bridges, ^ ....... 68 Buildings, 75 Carriages, 79 Cemeteries, 92 Children, abused and neglected, 110 City auditor, 113 City clerk, 117 City constable and messenger, . , 128 City council, 129 City engineer, 130 City (now Market) Hall, ..133 Clerk of the common council, 135 Constables, 136 ^ Contracts and expenditures, 137 Cows, 140 Criers, 141 Dogs, 142 Drains and sewers, 145 Elections, 154 Ferries, 174 Finance, 179 10 CONTENTS. PAGE. Fire, . . . 186 Flour, 210 Gas, 212 Gunpowder, 222 Harbor of Portland, 229 Hawkers and pedlers, • . . . . 240 Hay, 243 Health, , 246 Histories of cities and towns, 277 House of Correction, 278 Industrial school, 280 Innholders and victualers, 281 Intelligence offices, 285 Jurors, 286 Lamps and lamp posts, 291 Leather, 293 Libraries, 295 Lumber, 296 Lunatics, . 301 Manufacturing establishments, 305 Manures, commercial, 307 Milk, 309 Municipal court, . 312 Nuisances, - . . 317 Ordinances and by-laws, . 323 Paupers, 327 Pawn brokers, 337 Permits, . 339 Petroleum, inspection of, 340 Pilots, 342 Police, 344 Public buildings, 352 Public Parks and squares, 359 Railroads, . 362 Rebuilding of burned district, .... . . . .416 Riots, 420 Sale of second hand articles, junk, &c 424 Schools, 426 Seal of the city, 447 Sinking fund, 450 CONTENTS. 11 PAGE. Solicitor, 452 Steam, 454 Streets, 459 Surveyor of stone, 507 Taxes, 508 Tramps, 534 Trees, 537 Truants. See Schools, . . . . , 432 Vinegar, 540 Wards, 541 Water, 546 Watering troughs, 561 Weighers and gaugers, 562 Weights and measures, .• 564 Weigher of hard coal, 567 Weigher of plaster, . . . . . *. 570 Wells arid pumps, 571 Wharves, 572 Wood, bark and charcoal, 574 Ordinance in relation to revised ordinances, 581 Appendix, 583 Rules and orders of city council, 588-591 Rules and orders of common council, 592-596 Rules and orders of board of aldermen, .* . . . . 585-587 Catalogue of city governments since 1832, . . . . . 599-629 LIST OF ORDINANCES CONTAINED IN THIS VOLUME. FAGB. 1. All ordinance concerning the liquor agent, . . . 51 2. An ordinance concerning auctions in streets, . . .60 3. An ordinance concerning buildings, . . . .76 4. An ordinance concerning carriages, . . . . . 81 5. An ordinance concerning cemeteries, . . . . . . 94 6. An ordinance concerning city auditor, ...... 13 7. An ordinance concerning city clerk, 126 8. An ordinance concerning city constable and messenger, . 128 9. An ordinance concerning city council, . . . 129 10. An ordinance concerning city engineer, 130 11. An ordinance concerning city (now Market) Hall, . . 134 12. An ordinance concerning clerk of common council, . . . 135 13. An ordinance concerning contracts and expenditures, . . 137 14. An ordinance concemiAg cows, 140 15. An ordinance concerning criers, ... . . 141 16. An ordinance concerning dogs, . ..... 143 17. An ordinance concerning drains and sewers, .... 150 18. An ordinance concerning elections, . . ... 171 19. An ordinance concerning finance, . . . . - 182 20. An ordinance concerning fire, ...... 194 21. Rules and regulations for the government of thie fire department, 196 22. Rules and regulations of engineers of fire department, . . 205 23. Rules and regulations relating to gunpowder, . . . 225 24. An ordinance concerning the harbor, 237 25. An ordinance concerning hay, . 244 26. An ordinance concerning health, 262 27. An ordinance concerning lamps and lamp posts, . . . 291'' 14 LIST OF ORDINANCES. PAGE. 28. An ordinance concerning leather, its exposure in streets, . 294 29. An ordinance concerning milk, inspection of, . . . . 310 30. An ordinance concerning nuisances, steam whistles, . . .321 31. An ordinance concerning ordinances and by-laws, . . . 325 32. An ordinance concerning permits, 339 33. An ordinance concerning petroleum, inspection of, . . 341 34. An ordinance concerning police, . 340 35. An ordinance concerning public building, .... 352 36. An ordinance concerning public grounds, removing gravel from, &c. 361 37. An ordinance concerning Portland and Forest Avenue Railroad, 398 38. An ordinance relating to city bonds for loans to rebuild burned district, . . . , 419 39. An ordinance concerning riots, . 423 40. An ordinance concerning schools, 443 41. An ordinance concerning seal of the city, .... 448 42. An ordinance concerning sinking fund, 450 43. An ordinance concerning solicitor, 453 44. An ordinance concerning streets, 477 45. Regulations respecting the laying of gas pipes in streets, . 504 46. An ordinance concerning surveyor of stone, .... 507 47. An ordinance concerning taxes, . . ' 532 48. An ordinance concerning trees, 538 49. An ordinance respecting habitual truants, and children growing up in idleness and ignorance. See Schools, . . . 443 50. An order concerning wards, 543 51. An ordinance concerning water, 554 52. An ordinance concerning weighers and gaugers, . . . 562 53. An ordinance concerning weigher of hard coal, . . . 567 54. An ordinance concerning weigher of plaster, . . . .570 55. An ordinance concerning wells and pumps, . . . . 571 56. Order establishing a wharf line, 573 57. An ordinance concerning wood, bark and charcoal, . . . 576 58. An ordinance in relation to the revised ordinances, . . .581 INDEX TO CITY CHARTER, [ The figures refer to the numbers of sections.'] ABUTTORS, to pay two-tliirds cost of drains, 24. may be allowed to build sidewalk or footway, 27, 28, ACCEPTANCE OF CHARTER, provisions for, 26. ADMINISTRATION of affairs, vested in, 2. ALDERMEN, board of, how constituted, 2. executive powers of, 5, mayor to preside, 3. concurrent vote, 5, 6.* election of, 12, 13. organization of, 13. to examine election returns, 13. chairman of, powers and duties, 14; do. jpro tern., 14. ^ to appoint time of ward meetings, 17. to warn general meetings of voters, 18. no salary, 19, ineligible to other city oflSces of pay, 19. to approve bond of treasurer,' 20. I may temporarily forbid passing in the streets, 22. make drains, &c., 24. duties relating to acceptance of charter, 26. duties relating to footways, «S;C., 28, 29. mayor and, may summon witnesses at certain hearings, 32. appointments, by mayor and aldermen, page 26, note. and removals. See Officers. APPROPRIATIONS, all orders to state what, 7. moneys to be put to no other purpose, 19. IQ INDEX TO CITY CHAKTEE. ASSESSORS, election of, 8. ASSISTANT, election of, and duties, 8. ASSESSMENT AND ESTIMATES of cost of sidewalks and foot ways, 28, 29: sewers and drains. See Drains and Sewers. BOATS, SAIL, license of, &c., 16. BONDS OF OFFICERS, 7, 20. BUILDINGS, &c., care of, 7. BY-LAWS, &c., maybe ordained, 1. old in force, 25. CARRIAGES AND HORSES. See Passing. CELEBRATIONS, assessment of money for, 16. CEMETERY, -EVERGREEN, city may make by-laws about, 31. existing ordinances made valid, 31. CERTIFICATES OF ELECTION, 13. ^ • CITIZENS' MEETING, GENERAL, 18. CHARTER, when it took effect, 26. original, when, page 25, note, CITY COUNCIL, how constituted, 2, papers from mayor to, 4. to fix salaries, 3, 6. care of buildings and property, 7. to require bonds from certain officers, 7. to publish account of receipts and expenses, 7. to collect, &c., taxes, 8. to lay out, &c., streets and sidewalks, 9. to determine regular and special meetings, 13. may offer rewards, 16. . . • wrecks and ice in harbor, 16. sails boats, regulation of, 16. enclosure of lots, 16. assize of bread, 16. may assess money for celebrations, 16, to supervise treasurer's account, 20, to locate streets anew every ten years, 2L to lay side walks, &c., 23. to lay side wialks and foot ways, 27, 28. CITY ENGINEER, to locate streets, 21. CITY CLERK, filing of papers, 9. duties of, 17, 18. INDEX TO CITY CHARTER 17 CITY CLERK, to give notice of ward meetings, 17. to make record of elections,- 13. ' to make record of streets, 21. pro tern. 17. CLERKS OF WARDS, 11, 12, 13, 15. COLLECTOR, TREASURER IS, 20. COMMON COUNCIL, how constituted, 2. - concurrent vote, 5, 6. powers vested, 5. election of, 12, 13. organization of; 13. president and clerk, 13. no salary, 19- members ineligible to other city offices of pay, 19. COMMITTEES, accountable for moneys, 19. on new streets, 9, 21. COMPENSATIONS, fixed by city councU, 6. number of aldermen and councilmen, 19. CONSTABLES, 12, 13, 15. CONVENTIONS, JOINT, 6, 13. CORPORATE POWERS, rights, &a, same as formerly, 1, 5. COUNCIL See City Council and Common Council. COURTS, appeal to, 9 24. CRIMES AND CRIMINAL, prevention of by City Council, 16. DAMAGES ON STREETS. 9. DISCONTINUING STREETS, 9. DRAINS AND SEWERS, repairs, 10, 24. aldermen to make, &c. 24. abuttors to pay, 24. fines for entering without permit, 24, APPEALS, 24. ELECTIONS, each board to judge of its own members, 5. provisions for vacancies, 5. of city officers, 12, 26. See Officers. annual provisions for, 13. postponement of, 13. ENGINEER. See City Engineer. ESTIMATES. See Assessments. EXECUTIVE POWERS, in whom vested, 5. FIRE DEPARTMENT, powers of vested in, 5. 18 INDEX TO CITY CHARTER. FOOT WAYS, city may require adjacent owners to construct, 27. construct, without notice, &c. 28. assessment for, 28, 29, 30. curb and paving for, 28, 29. FOURTH OF JULY CELEBRATION, 16. GAS PIPES IN STREETS, 10. GRIEVANCES, redress, 18. HEALTH DEPARTMENT, vested in, 5. oflaces appointed, 6. HARBOR COMMISSIONERS, 9. line of, 22. • HARBOR, wrecks, and ice in, 16. wharf extensions, 22. HORSES. See Passing. INCORPORATION OF PORTLAND. See Portland. INHABITANTS, corporate powers, &c., of, 1, 5. to vote on charter, 26. ISLAND WARD, 15, and note. JUSTICE OF PEACE AND MUNICIPAL OFFICERS, 13. LAYING OUT STREETS, &c., 9. LOCATION OF STREETS. See Streets. LOTS, enclosures of, 16. and sidewalks in front of, 23 » • LOW WATER MARK, *9, 22. MARSHAL AND DEPUTIES, 5. MAYOR, chief executive, 2, 3. general duties, &c., 3. and powers, 5. to recommend measures, 3. salary of, 3. to preside at board of aldermen, 3. only a casting vote, 3. approval of papers, 4. veto power, 4. vacancy, 4, 13. orders on treasurer, 7. permits to obstruct streets, 10. election of, 12 and 13. notification of, 13. oaths, 13. in case of non-election, 13. INDEX TO CITY CHARTER. 19 MEETINGS, general, of voters, 18. of board, general and special, and ordinance on, ^3 and 14. MONEYS, how to be paid, 7, 19. OATHS OF OFFICERS, 2, 13. OBSTRUCTIONS, in streets, 10. OFFICERS, how and when elected and terms, 6, 26. bonds of, 7. in case of moving, residence, 12. accountable for moneys, 19. old to hold over, &c., 25, 26. subordinate, appointment and removal, 5, 6. election of, 12, 26. hearing about dereliction of duty of witnesses, 32. "municipal," term means mayor and aldermen of cities, note, page 42. case of majority failing of election, page 32, note. OVERSEERS OF POOR, 8. ORDERS, for moneys, 7. ORDINANCES, &c., still in force, 25. power to make, 1. approval of mayor, 4. and sidewalks, 23. on marshals, &c. , 5. PASSING of horses may be prohibited at times, 22. PENALTIES, imposition of, not exceeding $100, 1. and sureties of officers, 7. on unenclosed lots, 16. under old charter, 25. POLICE DEPARTMENT, vested in, 5. how constituted, 5. appointed, 6, and watch department may be joined, 5. PORTLAND, when incorporated, page 25, note. laws of 1878, page 27, note. PROPERTY, (city,) care of, 7. amount city may hold, and account of, 7. RECONSIDERATION OF PAPERS, 4. RECORD, each board to keep, 5. ' of streets, 21. REMOVAL OF OFFICERS, 6, 12. 20 INDEX TO CITY CHAKTER. REPEAL OF ACTS, inconsistent, 25. REPRESENTATIVES, instructions to, 18. REWARDS, power to offer, 16. SAIL BOATS, examination, regulation of, &c., 16. SALARIES, all fixed by city council, 6. SEWERS. See Drains. SIDEWALKS, may regulate height, &c., 9. repairs of, 10. construction of, provisions for, 23. ordinance concerning, 23. posts and trees along edge of, 9. paving of, 23. and footways, 27, 28, 29, 30, 23. assessments, 29, 30. curbs of same, 28. paving, 29. STREETS, laying out, discontinuing, &c., and damages, 9. appeal from reported damages, &c., 9. committee on laying out, &c., 9, 21. obstructions for repairs, &c. , 10. to be re-located every ten years, 21. temporarily passing may be stopped, 22. committee on, 23. commissioner, 23. location of to be ascertained by city engineer, when, 21. SUBORDINATE OFFICERS. See Officers. TAXES, ASSESSORS, &c., 7. ' . apportionment and collection, 8. collection, 20. sales of property for, 20. assessed in 1863 and after to be collected by treasurer alone, 20. TELEGRAPHS, damage, &c., from, 9. TREES, damage, &c., from, 9. TREASURER, orders on, 7. treasurer and collector, general powers and duties, 20. bond of, 20. deputies &c., 20. to collect assessments on drains, &c. , 24. alone to collect taxes after 1863, 20. INDEX TO CITY CHARTER. 21 VACANCY IN MAYOR'S OFFICE, 4, 13. in boards, 5. in subordinate offices, 6. VETO OF MAYOR, 4, 14. VOTE to adopt charter, 26. VOTERS, general meeting of, 18. how called, 18. and purposes of, 18. to vote on charter, 26. WARDS, to be seven, 11, revisions of, 11. island ward, 15, and note. WARD MEETINGS, how called, &c., 11, 13, 17. for acceptance of charter, 26. 'WARDENS AND CLERKS, choice of, &c., 11, 12, 13, 15. * duties, (Sbc, 11, 13, 15. assistants, 11. WARRANTS ON TREASURER, 20. WATCH AND WARD, vested in, 5. WATER PIPES in streets, 10. WHARVES, extension of, 22. WIDENING, &c., streets, 9. WITNESSES may be compelled to attend before mayor and aldermen in certain hearings, 32. punished for failure to comply with summons, 33. CITY CHARTER, City Cliarter.' Section 1. The inhabitants of Portland shall continue private la^s to be a body politic and corporate by the name of the 1863, c. 275. city of Portland, and as such, shall have, exercise, and corporate enjoy all the rights, immunities, powers, privileges and powers, franchises, and shall be subject to all the duties and obligations now appertaining to, or incumbent upon said city, or the inhabitants or municipal authorities thereof ; and may ordain reasonable by-laws and regulations for municipal purposes, and impose penalties for the breach ^7^^^^ thereof, not exceeding one hundred dollars, to be recovered for such uses as the municipal authorities may appoint. Penalties. Section 2. The administration of all the fiscal, pruden- tial and municipal affairs of said city, with the govern- ment thereof, shall be vested in one principal magistrate to be styled the mayor, and one council of seven to be denominated the board of aldermen, and one council of twenty-one, to be denominated the board of common Aldermen, council, all of whom shall be inhabitants of said city ; which board shall constitute and be called the city council ; i\yia. and shall be sworn or aflfirmed in the form prescribed by the constitution of the State for State officers. 2 1 Portland was Incorporated as a town July 4, 1786. It adopted a city charter March 26, 1832, the number of votes cast being 1,276. In favor of accepting charter, 780, against, 496. The original charter is chapter 248, acts of 1832; The charter above is a revision, with amendments of 1870, 1871, and 1881. The powers and duties of the city government have been enlarged and' modified in many respects by general legislation. * By R. S., c. 1, § 4, the mayor and aldermen of cities are the " municipal: officers." For general duties of, see R. S., 1871, chapters 3 and 4. 26 CITY CHARTER. Duties of Mayor. Ibid. Laws, &c., to be approved by Mayor. ilbid. "Teto power. Executive powers; in wliom vested, Ibid. Section 3. The mayor of said city shall be the chief executive magistrate thereof. It shall be his duty to be vigilant and active in causing the laws of the State, and ordinances and regulations of the city, to be executed and enforced, to exercise a general supervision over the conduct of all subordinate officers, and to cause violations or neglect of duty on their part to be punished. He shall, from time to time, communicate to the city council, or either board, such information, and recommend such measures, as the interest of the city may require. He shall preside at all meetings of the mayor and aldermen, and in joint meetings of the two boards, but shall have only a casting vote.^ He shall be compensated for his services by a salary to be fixed by the city council, payable at stated periods, and shall receive therefor no other compensation, which salary however, shall not be increased or diminished during his year of office. Section 4. Every law, act, ordinance, resolve or order, requiring the consent of both branches of the city council, excepting rules and orders of a parliamentary character, shall be presented to the mayor for approval. If not approved by him he shall return it with his objections at the next stated session of the city council, to that branch in which it originated, which shall enter the objections at large on its journal, and proceed to reconsider the same. Jf upon such reconsideration it shall be passed by a vote of .two-thirds of all the members of that branch, it shall be sent, together with the objections, to the other branch, by which it shall be reconsidered, and if passed by two-thirds of that branch it shall have the same effect as if signed by the mayor. In case of vacancy in the office of mayor, when said law, act, ordinance, resolve or order be finally passed, the same shall be valid without approval. Section o. The executive powers of said city generally, and the administration of police and health departments, with all the powers of selectmen, except as modified by 8R. S., 1871, c. 3, § 27, and laws 1855, c. 125; where mayor has casting vote, If t\i'o or more of the candidates have each half the votes cast, he shall declare which is elected. Where appointments to office are made by mayor and a;idermen of cities, they may be made by the mayor by and with advice and consent of alder men, and such officers may be removed by mayor. CITY CHARTER. 27 this act, shall be vested in the mayor and aldermen. All the powers of establishing watch and ward, now vested by the laws of the State in the justices of the peace and municipal officers or inhabitants of towns, are vested in the mayor and aldermen, so far as relates to said city ; and they are authorized to unite the watch and police depart- ments into one department and establish suitable regulations for the government of the same. The officers of police shall be one chief, to be styled the city marshal, so many deputy marshals as the city council may by ordinance prescribe, and so many watchmen and policemen as the mayor and aldermen may from time to time appoint.'* poUce. All other powers now or hereafter vested in the inhabitants of said city, and all powers granted by this act, as well as all powers relating to the fire department, shall be vested in the mayor and aldeimen, and common council of said city, to be exercised by concun-ent vote, each board to have a negative upon the other. Each board shall keep a record of its proceedings, and judge of the election of its own members ; and in case of vacancies, new elections shall be ordered by the mayor and aldermen. Section 6. The compensation of all subordinate city Ck)mpen8ation. officers whatsoever, shall be fixed by the city council. All officers of the police and health departments shall be appointed by the mayor and aldermen, and may be removed Appointments ^^ , ^ J and removals, by them for good cause. All other subordinate officers, now elected by the mayor and aldermen or the city council, shall hereafter be elected by joint convention of the city council, and such officers may be removed for good cause, by concurrent vote passed in each branch by the assent of two-thirds of all the members thereof. Except as other- wise specially provided in this act, all subordinate officers shall be elected annually on the second Monday of March, Election of or as soon thereafter as may be, and their term of office officers * Private laws 1878, c, 16, have this provision : " The city marshal, deputy marshals and policemen, of the city of Portland, shall hereafter be appointed by the mayor, by and with the advice and consent of the aldermen, and shall hold office during good behavior, subject, however, after a hearing, to removal at any time by the mayor, by and with the advice and consent of the aldermen, for inefficiency or other cause. The mayor may, for cause, suspend any policeman from duty, and such suspension shall continue in force till the next meeting of the aldermen." See &\ao,po8i, title "Police." 28 CITY CHARTER. shall be for ODe year, and until others are qualified in their i^W- place. All vacancies may be filled by the board having authority to elect. Section 7. No money shall be paid out of the city treasury^ except on orders drawn and signed by the mayor, designating the fund or appropriatien from which said orders are to be paid, nor unless the same shall be first Powers of city trranted or appropriated therefor, by the city council; Council. ^ -, ^, '^ ^^ u ^^ / ^ . I and the city council shall secure a prompt and just accountability by requiring bonds with sufficient penalty - and surety or sureties, from all persons intrusted with the receipt, custody or disbursement^ of money ; they shall have the care and superintendence of the city buildings and the custody and management of all city property, with power to let or sell what may be legally let or sold, and to purchase and take in the name of the city, real and personal property for municipal purposes to an amount not exceeding two hundred thousand dollars in addition to that now held by the city. And shall as often as once a year cause to be published for the information of the inhabitants, a particular account of receipts and expen- ditures, and a schedule of city property. Section 8. The assessors shall continue to be elected on the second Monday in March. At the first election thereof under this act, three persons shall be elected assessors, one of whom shall be elected for one year, one for two years, and one for three years, and at each subsequent election one assessor shall be elected for three years, each of whom shall continue in office until some other person shall have been elected and qualified in his place. The city council shall elect an assistant assessor in each ward, whose duty it shall be to furnish the assessors with all the necessary information relative to persons and property taxable in his ward ; he shall be sworn or affirmed to the faithful performance of his duty. All taxes shall be assessed, apportioned and collected in the manner pre- scribed by the laws of this State relative to town taxes, except as herein modified ; and the city council may establish further or additional provisions for the collection Assessors. Assistant Assessors. BP0S<, §19. «Post, title "Buildings." CITY CHARTER. 29 • thereof, and of interest thereon. There shall be elected at the first election of subordinate oflficers under this act in March twelve persons for overseers of the poor and Overseers of workhouse, four of whom shall be elected for one year, ^^*'^- four for two years, and four for three years ; and all subse- 'quent annual elections shall be for the term of three years. Section 9. The city council shall have exclusive author- ity^ to lay out, widen or otherwise alter, or discontinue Streets any and all streets or public ways in the city of Portland, without petition therefor, and as far as extreme low water mark ; and to estimate all damj^e sustained by the owners of land taken for that purpose ; but all locations below high water mark shall be subject to the provisions of the ii,ij, laws relating to the commissioners of Portland harbor. A joint standing committee of the two boards shall be appointed, whose duty it shall be to lay out, alter, widen or discontinue any street or way in said city, first giving notice of the time and place of their proceedings to all parties interested, by an advertisement in two daily papers printed in Portland, for one week at least previous to the time appointed. The committee shall first hear all parties interested, and then determine and adjudge whether the public convenience requires such street or way to be laid out, altered or discontinued ; and shall make a written return of their proceedings, signed by a majority of them, containing the bounds and descriptions of the street or way, if laid out or altered, and the names of the owners of the land taken, when known, and the damages allowed therefor ; the return shall be filed in the city clerk's oflfice at least seven days previous to its acceptance by the city council. The street or way shall not be altered or estab- lished until the report is accepted by the city council, and the report shall not be altered or amended before its acceptance. A street or way shall not be discontinued by the city council, excepting upon the report of said com- mittee. The committee shall estimate and report the j^^^^ g ^^ damages sustained by the owners of the lands adjoining laying out that portion of the street or way which is so discontinued ; ' Power of Co. Com'rs over county roads not affected by this charter. E. S., 1S71, C 18, 5 1, 1875, c 26. streets. 30' CITY CHARTER. their report shall be filed with the city clerk seven days at least before its acceptance.^ Any person aggrieved by the decision or judgment of the city council in establishing, altering, or discontinuing streets, may, so far as relates Appeals. to damages, appeal therefrom to the next court having jurisdiction thereof in the county of Cumberland, which court shall determine the same by a committee or reference under a rule of court, if the parties agree, or by a verdict of its jury, and shall render judgment, and issue execu- tion for the damages recovered, with costs to the party prevailing in the appeal. Such appeal shall be made to the term of the Supreme Judicial Court, which s-hall first be holden in the county of Cumberland, more than thirty days from and after the day the street is finally estab- lished, altered or discontinued, excluding the day of commencement of the session of said court. The appel- lants shall serve written notice of such appeal upon the mayor or city clerk, fourteen days at least before the session of the court, and shall at the first term file a complaint setting forth substantially the facts of the case. On the trial, exceptions may be taken to the rulings of the court, as in other cases. ^ Co-tenants who are appellants, shall join in their appeal or shall mot recover their costs. If a street or way is discontinued before the damages are paid or recovered for the land taken, the land owner shall not be entitled to recover such damages, but the committee in their report discontinuing the same shall estimate and include all the damages sustained by the land owner, including those caused by the original location of the streets, and in such cases, if an appeal has been regularly taken, the appellant shall recover his costs. The city shall not be compelled to construct or open any street or way thus hereafter established, until in the opinion of the city council the public good requires it to be done ; nor shall the city interfere with the possession of the land so txiken by remov- ing therefrom materials, or otherwise until they decide to open and construct said street. The city council may Sidewalks, &c. regulate the height and width of sidewalks in any public 8 See " Streets," post; also 1872, c. 26 ; 1877, c. 172. »R. S., 1871, c. 18, § 9. For matter of costs, see Abbott v. Penobscot Co. 52 Maine, 584. CITY CHARTER. 31 square, places, streets, lanes or alleys in said city ; and may authorize posts and trees to be placed along the edge of said sidewalks. ^^ Nor shall the city be answerable for damages occasioned by telegraph poles and wires erected in its streets. Section 10. The mayor may on such terms and condi- tions as he may think proper, authorize and empower any obstructing person or corporation to place in any street, for such time streets, as may be necessary, any materials for making or repair- ing any street, sidewalk, cross-walk, bridge, water-course or drain, or for erecting, repairing, or finishing any build- ing or fences, or for laying or repairing gas or water pipes, Gas-pipes. provided that not more than one-half of the width of the street shall be so occupied, ii And such material so placed by virtue of any license obtained as aforesaid, shall not be considered an incumbrance or nuisance in such street ; ii>*'^- and the city shall not be . liable to any person for any damages occasioned by such materials. Section 11. The city shall remain divided into seven wards ;^^ and it shall be the duty of the city council, once Wards, in ten years or oftener, to revise, and if it be needful, to alter such wards, in such manner as to preserve, as nearly as may be, an equal number of voters in each. In each of said wards, at the annual municipal election, there shall be chosen by ballot, a warden and clerk, who shall hold their oflSces for one year, from the Monday following their election, and until others shall have been chosen and ^^^^' qualified in their places. Said warden and clerk shall be sworn or affirmed to the faithful performance of their respective duties by any justice of the peace of the city ; and a certificate of such oaths or aflSrmations having been administered, shall be entered by the clerk on the records of the ward. The warden shall preside at all ward meet- ings, with the powers of moderators of town meetings. If at any meeting the warden shall not be present, or shall "See laws 1871, c. 178; oi*d. May 1, 1871, and chapter on Streets, post. See also § 27, of this charter. "Morton v. Frankfort, 5.5 Maine, 46; Jacobs v. Bangor, 16 Maine, 187; Perkins t?. Fayette, 68 Maine, 153. " Change in ward lines must be approved by majority of legal votes cast at next city election after action of city council. R. S., 1871, c. 3, § 24. See also title "Wards," and order of city council of February 19, 1872. 32 CITY CHARTER. refuse to preside, the clerk of such ward shall call the meeting to order and preside until a warden pro tempore shall be chosen. If both are absent, or shall refuse to act, a warden and clerk pro tenfip)ore 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. Section 12. The mayor shall be elected by the inhabi- Eiection of city tants of the city, voting in their respective wards. One officers. alderman, 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 sljall hold their offices one year from the second Monday in March, and until others shall be elected and qualified in their places. i'* 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. Section 13. On the first Monday in March annually. Same. the 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, 13 See R. S., 1871, c. 4, § 32, and laws 1877, c. 213. " City Records, vol. 5, p. 318. Opinion of W. P. Fessenden, City Solicitor, in 1844, that if a majority of board fail of election, then the entire board of the year before, hold over; but that when a majority of the new board is elected, all the old board is officially dead, so that there can be no members of old boards of aldermen or councilmen holding seats in the city govern- ment of any year. People v. Jones, 17 Wendell, 81 ; and In re Union Ins. Co. 22 Wendell, 599. CITY CHARTER. 33 withiu twenty-four hours after such election, shall deliver to the 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 complete 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 majorit}^ 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 pro- vided for the choice of said officer. The oath or affirma- tion 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, 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 admin- istered to the members of the two boards present, by the Organization, 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 manner, detennine the manner of calling special meetings and the persons by whom the saine shall be called ; but until otherwise 34 CITY CHARTER. Chairman of Aldermen. His powers. Island ward. 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. Section 14. After the organization of a city govern- ment 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 who, in the absence of the mayor, shall preside 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 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 teinpore who shall exercise the powers of a permanent chairman. Section 15. In addition to the seven wards, the several islands within the city of Portland, are so far constituted 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 IS The several Islands within the city of Portland shall so far constitute two separate wards as to entitle the legal voters of each of said wards to choose a warden, ward clerk and one constable, who shall be residents on said islands and of their respective wards. The first of said wards shall comprise Long Island, Crotch Island, Hope Island, Jewell's Island and Little Chebeague Island, or such parts of said islands as are within the city of Portland, and the ward meetings of said first ward, shall be holden on Long Island. The second of said wards shall comprise the remaining islands within the city of Portland, and the ward meetings of said second ward, shall be holden on Peak's Island. The qualified electors of each of said wards may meet as provided in the thirty-ninth section, and also for the choice of city oflicers, at the place designated, and may, on the day of election, vote for all officers named in the warrant calling the meeting. 1879, c. 97. See title " Elections," i)os<. CITY CHARTER. 35 the lists ; shall sort, count and declare the votes in open meeting and in the presence of the clerk, who shall make a list of the persons voted for, with the number of votes for each person, and a fair record thereof, in presence of the warden and in open meeting, and a copy of the list shall be attested by the warden and clerk, sealed up in open meeting, and delivered to the clerk of ward number one, within eighteen hours after the close of the polls, to become a part of the record of said ward ; and all votes thus thrown shall be deemed as thrown in and belonging to ward number one. All 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. Section 16. The city council, in behalf of the city, may offer rewards for the prevention of crimes or detection of council, criminals. 1^ They may remove all sunken wrecks in the 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 ibid 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 aliutting on any street or way in the city, which may for want of such enclosure, be dangerous to the public ; and after notice to "Private laws of 1875, c. 21, give further power to city councfl as follows; ♦' The city council of the city of Portland shall have the power 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." Powers of City CITY CHAKTER. City clerk; his duties. Ibid. Meetings of citizens. Ibid. No compensa- tion, &c. Ibid. 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 of the anniversary of our national independence, and other public celebrations. Section 17. The city clerk shall be clerk of the board of 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 deter- mined 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 tempore. Section 18. General meetings^"'' of the citizens qualified to vote in city affairs, may from time to time be held to consult upon the public good, to instruct their representa- tives, 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 meet- ing 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. Section 19. The aldermen and common councilmen^^ shall not be entitled to receive any salary or other com- pensation 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 "R. S., 1871, c. 3, § 4, and laws of 1873, c. 153, provide for calling of general meetings on petition of ten citizens. Special laws" conferring particular rights upon municipal corporations, are held not to be repealed by subsequent statutes, general in their character. Ottawa V. County, 12 111. 339; State v. Morristown, 33 N. J. Law, 57; Dillon on Mun, Corp's, § 54. See also, Stat6 v. Cleland, 68 Maine, 258. 18 Supra § 7. CITY CHARTER. 37 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. Section 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 be styled treasurer and collector and shall give but one Powers and bond, said bond to be approved by the mayor and alder- ^g^^^^ men, for the faithful performance of his duties ; and may appoint assistants and deputies as provided by law. All 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 n^id. 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, dis- tresses, 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 pro- visions 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 affect the collection of taxes assessed in other previous years. Section 21. The original location^^ of aU streets and Location of ways in said city shall, once in ten years, or oftener, be streets, ascertained by the city engineer, under the direction of the city council, as accurately as practicable, the location of i^i^- different streets being ascertained by him from time to time, when expedient. He shall make a written report of his doings to the committee on new streets, which shall **See plans in City Engineer's office. 38 CITY CHARTER. 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 interested, the committee may accept, alter, or amend the report as it shall think right, and shall report their pro- ceedings to the city council, who shall thereupon deter- mine 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 proceed- ings respecting any street, with evidence of the location of the boundaries therein designated, shall in all judicial proceedings, be^mma fade evidence of the place of the original location of said street. Section 22. The mayor and aldermen of said city may on public occasions, by their order, forbid the passing, horses, Ac, in temporarily, of horses, carriages or other vehicles, over 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 water mark than the same now exists, and hereafter no such new wharf shall be extended below low water mark into the harbor, without in either case the written assent of the mayor and aldermen. No wharf or incumbrance shall hereafter be erected or extended iiito said harbor beyond the harbor commissioners' line. Section 23. The city council of Portland^i may require the owner of any lot of ground fronting on any street or way in said city, to cause the footway or sidewalk in front of said lot to be paved with bricks or flat stones, with suitable curb stones, the same to be done under the direc- tion, 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. Ibid. Extension of wharves. Paving Sidewalks. Ibid. 20 See title "Wharves. 21 See § § 28 and 29, post. CITY CHARTER. 39 streets, it shall then be the duty of said commissioner to procure the curb stones and pave the sidewalk or foot- way ; and the city shall have a lien on the property for expense thereof, to be enforced as in the following sec- tion. 22 The city council before requiring any such side- walk 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. Section 24. The mayor and aldermen of said city may Drains and lay out, maintain and repair^^ all main drains or com- ^^®'^- mon sewers in said city, and may assess upon the owners of the abutting lots and other lot benefited thereby, and j^^^ who shall enter the same directly or indirectly, a propor- tional 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 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 accord- ing 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 redemption. Any person, w^ « " Sidewalks," ordinances, § § 54, 55, post. » Drains and sewers, post. Private laws 1871, c. 717 ; 187(J, c. 348 ; 1873, c. 368. 40 CITY CHAETER. 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, direct- ly 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 hun- dred dollars. Section 25. All acts and parts of acts inconsistent with Repeal of prior *^^® ^^* ^^® hereby repealed. Provided, however, the acts. repeal of the said acts shall not affect any act done, or any act accruing, or accrued, or established, 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 forfeit- ure 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 per- sons who, at the time the said repeal shall take effect, shall Ibid. hold any oflfice 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. Section 26. This act shall be void unless the inhabitants Vote of quai- of the city of Portland, at legal ward meetings called for that purpose, by a written vote, determine to adopt the same ; and the qualified voters of the city shall be called Ibid. upon to give in their votes upon the acceptance of this act, ifiert voters on this act. CITY CHARTER. 41 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 pro- vided at the election of mayor ; and the board of mayor and aldermen shall within three days meet together and compare the returns of the ward oflScers ; 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 forth- with 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 ofl3ce of all city oflScers 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 sixty- three, at the time now fixed by law.* Section 27. The city of Portland may at their option. Act additionar require the owners of adjacent property to construct foot- ^^^^ ^^^^' ways or sidewalks as now provided in the act to which 348, § i. this is additional, notwithstanding anything herein con- tained. Section 28. The city of Portland may at their option without notice, and under such regulations or orders as they ^^ ^ ^ ' . ° "^ Charter further- may have established or passed, or may hereafter establish amended in or pass, construct sidewalks or footways, laid with brick, relation to flat stones, concrete, or other materials, with suitable curbs, on any street or portion thereof, and direct one-half the cost thereof to be assessed on adjacent lots, and for that purpose may direct the curb to be set at any time previous city may con- to the construction of the walk, and cause the cost of the struct side- walks; and curb and the cost of the paving of the walk to be assessed one-haifof the- separately, as each is or may be done ; provided that no costs to be &8S6S36d on owner or proprietor shall be assessed for more than two adjacent lots, hundred feet in length of sidewalk or footway, on any one 1870, c. 348, and street in front of any unimproved lots or parcels of land. ^^^' ^' ^^' •Note.— The city charter of March 24, 1863, ends at this point. The fol- lowing sections are acts additional to and amendatory of said charter. 42 CITY CHARTER. Estimates and SECTION 29. The expense of said walks complete, or shall be made ^^ ^aid curbs, or of said paving, shall be estimated and within a year, assessed within one year, by the mayor and aldermen of said city on the several lots chargeable therewith, and by ' ^' them certified to the city treasurer, in the manner and with all rights to the parties interested, as provided in section twenty-four of the act to which this is additional, Assessments ^^^ ^^ enforced as therein provided, but said assessment not void by shall at any time be corrected on due notice, and certified en-or'^ ^ anew by the mayor and aldermen aforesaid, and no assess- Proviso. ment shall be void by reason of error in the name of the owner or occupant of the lot assessed, provided the lot assessed is so described that the same may be distinctly known. To what these SECTION 30. The provisions of the last section shall appr^^^"^ apply to all assessments of the cost of constructing any Ibid. § 4 sewer heretofore or hereafter made in the city of Portland. City of Port- SECTION 31. The city of Portland may ordain reason- land may make able by-laws and regulations for the government of Ever- Evergreen green Cemetery, ^^ and shall have full power and authority Cemetery. to impose and enforce penalties for the breach thereof, and . for the punishment of offences committed in said Healing act for cemetery. All by-laws and regulations heretofore ordained ordinances. ^J Said city of Portland for the government of Evergreen Cemetery are, and shall be valid and in force ; and all Private laws, penalties imposed under the same, and for the breach of 1881, Jan. ai. ^j^g same and for punishment of offences committed in said cemetery, shall be enforced. Mayor and SECTION 32- The mayor and- aldermen of the city of have power to Portland shall have power to send for persons and papers, send for per- and Compel the attendance of witnesses at any meeting of papers^ in cer- ®^^^ board of mayor and aldermen at which a hearing is . tain cases. 2* See title "Cemetery," and, ordinance of January 3,. 1881, making full 1 regulations. Note. — The more general powers . and duties of cities and towns are contained in chapters 3 and 4, et seq. of the Revised Statutes of 1871. The most important provisions of those chapters and of other chapters of the Revised Statutes relating to municipal aflfairs, are incorporated in the following pages under the subjects to which they relate. Revised Statutes 1871, c. 1, § 4, provides that the word "town," includes cities and plantations unless otherwise expressed or implied, and that the term "municipal officers," shall be construed to mean the mayor and alder- men of cities, selectmen of towns, and assessors of plantations. CITY CHARTER. 43 had in any matter of inquiry regarding alleged dereliction of duty of any city oflScer or any person in the employ of Private laws, said city, or in any hearing on any municipal matter. The ^^^' ^*^ch 7, mayor shall have power to issue summons to such witnesses Mayor to as he shall require in such hearings. summon. Section 33. Any person failing to comply with the summons of the mayor shall be punished by fine not less penalty, than five dollars nor more than fifty dollars or by imprison- nyi^^ § 3, ment not more than thirty days. LAWS OF THE STATE RELATING TO MUNICIPAL MATTERS, AND ORDINANCES OF THE CITY. Agents of tlie City. Statutes. 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 marks, &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. 7. Agents to purchase of State Commissioner. 8. Penalty for purchasing contrary to law and for adulterating. Ordinances. 1. Agent to pay moneys to treasurer. 2. Treasurer to receipt for same. 3. Moneys how appropriated. 4. Balance to credit of agency. Statutes. 1. The selectmen of any town, and mayor and alder- men of any city, may on the first Monday of May annually, Mayor and or as soon thereafter as may be convenient, purchase purchase, such quantity of intoxicating liquors as may be necessary r. s., 1871, c. to be sold under the provisions of this chapter, and may ,!!l,^^* appoint some suitable person, as the agent^ of said town •* ^ n ^u .- • * 1 VI.- Agents to be or city, to sell the same at some convenient place within appointed to said town or city, to be used for medicinal, mechanical sell for certain purposes. 1 Sucli agent is not a city or town officer. His situation is not an office but an employment, wliieh ceases if not renewed at end of tlie year. He does not hold over until his successor is chosen, by virtue of R. S., 1871, c. 3, § 25; nor is the mode of his appointment by c. 3, § 27, but by c. 27, § § 26 and 27. State t'. Weeks, 67 Maine, 69. 48 AGENTS OF THE CITY. and manufacturing purposes, and no other ; and such -^5ompensation agent shall receive such compensation for his services, and in the sale of such liquors shall conform to such regula- tions, not inconsistent with the provisions of law, as the board appointing him shall prescribe, and he shall hold —term of office, liis situation ohe year unless sooner removed by them or —vacancy, how their successors in office. Vacancies occurring during the filled. ygg^j. g^j.g ^^ i^g filled in the same manner as original Agents not to appointments are made. No such agent shall have any be interested., interest in such liquors, or in the profits of the sale thereof. Such agents may sell to such municipal offiers municipal intoxicating liquors, to be by said officers disposed of in officers. accordance with the provisions of this chapter. Agent who If any agent, appointed under above provisions, to sell visio^^T^ intoxicating liquors, shall be convicted of violating any of 26, forever the provisions of said chapter twenty-six, he shall forever disqualified thereafter be disqualified from holding such office. from holding ^ ^ such office. 2. Such agent shall receive a certificate from the board by which he is appointed, authorizing him as the agent of ^^^i ?,' ?* such town or city to sell intoxicating liquors for medici- — shaU have a "^ & ^ certificate. nal, mechanical and manufacturing purposes only ; but R. s., 1871, c. such certificate shall not be delivered to the person so 27 6 27 ' ' appointed until he shall have executed and delivered to —shall give ^^^^ board a bond, with two good and sufficient sureties, bond, amount, in the sum of six hundred dollars, in substance, as follows :^ Form of bond. Know all men, that we, as principal, and , as sure- ties, are 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 bounden has been duly appointed an agent for the town (or city) to sell intoxicating liquors for medicinal, mechani- cal, 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 obli- gation to be void ; otherwise to remain in full force. «Foxcroft V. Crooker, 40 Maine, 308; Wills v. Greeley, 50 Maine, 78. AGENTS OF THE CITY. 49 3. No3 such liquors owned by any city, town or planta- i^iq^iors owned . . by towns or tion, or kept by any agent of any city, town or plantation, kept by agents, as is provided in this act, shall be protected against seizure casts and vessels to l)C and forfeiture, under the provisions of this act, by reason marked. of such ownership, unless all the casks and vessels in nji^. §51. which they are contained shall be at all times plainly and conspicuously marked'* with the name of such city, town or plantation, and of its agent. When any such liquors shall be seized, bearing such marks as are by this act —seized, bear- required to be upon liquors owned by cities, towns or plantations, if such liquors are in fact not owned by any such city, town or plantation, such false and fraudulent —false marks marking shall be conclusive evidence that the same are conclusive evi(i,Bnc6 kept or deposited for unlawful sale, and render them liable uquors for- to forfeiture under the provisions of this chapter. The felted, liquors kept for sale by such agents shall not be adul- —adulterated terated or factitious, and shall not be protected from or factitious, seizure and forfeiture by reason of being 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 eating liquors shall sell such liquors to any minor without ^®^^ ^ minors ^1. -.. . . . . . , . . . -.. or others the direction m writing of his parent, master or guardian, described. to any Indian, to any soldier in the army, to any drunk- 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 guar- ibid. § 52. dianship, knowing them respectively to be of the condition herein prescribed ; 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 so given by the aldermen, or by then* authority, shall be aldermen or 1 • ij .1. i. . Vr. x/ . . . \. r.: ^ relatives, suffi- conclusive of the fact of the intemperate habits of cient evidence. such person. It is the duty of the aldermen when so Aldermen to informed of the intemperate habits of any person to give g^^e notice to notice to all agents for sale of liquors in their city and in i^fd.°§*53. such adjoining places as they may deem expedient. "Kidder v. Knox, 48 Maine, 599. * Liquor may be seized if casks are not marked. State v. Belfast, 68 Maine, 187. 50 AGENTS OF THE CITY. Agents vioiat- 5, Any agent authorized as aforesaid who shall violate the law by illegal sale, shall be punished, on conviction, Dutyof>ider- by a fine of twenty dollars for every such offence, and men to put gjj^jj g^jg^ -^e liable to a suit upon his bond : and it is the bond in suit. ^ Ibid. § 54. duty of the aldermen to cause the same to be put in suit, For full pro- ^nd prosecuted to the use of the city. And whenever visions see ...,.,, Stat. conviction is obtained or judgment recovered on the bond. Agent's author- the authority of the agent is absolutely vacated, and it is Aldermen to *^® ^^*y ^^ *^® aldermen to revoke such authority, when- revoke author- ever they shall be satisfied of the violation of any of the ^' conditions of the same. City, town and 6. The agents of towns authorized to sell intoxicating plantation liquors, shall keep a record in a book kept for that pur- £1^6 UlS rC- quired to keep pose, of the amount of intoxicating liquors purchased by record of sales, them, specifying the kind and quantity of each, the price 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 ; specify- ing in case such sale is made to the municipal officers of —to be open for any other town, the name of such, which shall be open to _ . ' inspection. And if • such agent fails to keep such a record negiept to ^^ shall forfeit and pay for every such offence a sum not keep, penalty less than ten nor more than twenty dollars, to be recovered — how recov- ^^ Complaint or indictment before any court competent to ered. try the same, to the use of his town. And if any person nes, to whom knowingly misrepresents to the said agent the purpose for False represen- which he purchases the intoxicating liquors, he shall for tationto guch offence be fined twenty dollars^ to be recovered on Penalty for, Complaint or indictment before any court competent to try how recov- the same, to the use of his town. ^^^^- 7. Immediately after appointing a State commissioner, purchase of ^^^ Governor shall issue to the municipal oflScers of the state Commis- towns of this State, a notice of the name and place of sioner. business of said commissioner and such municipal ofldcers Ibid. § 15. shall purchase such intoxicating liquors, as. they may keep on sale for the purpose specified therein, of such commis- sioner or of such other municipal officers as have pur- chased such intoxicating liquors of him, and of no other Ibid. § 16 person or persons.^ » Liquors purchased without authority, are liable to seizure. State v. Belfast, supra. or for adult- erating same. AGENTS «F THE CITY. 51 8. If any municipal officer or officers shall purchase any Penalty for intoxicating liquors, to be sold according to the provisions {J'^^^^^J of the laws of this State, of any other person or persons trarytoiaw except those specified in the preceding section, or if he or they or any person or persons in his or their employ or by his or their direction, shall sell or offer for sale any such liquors that have been decreed to be forfeited, or shall adulterate or cause to be adulterated any intoxicating spirituous or malt liquors, which he or they may keep for sale under this chapter by mixing with the same any coloring matter, or any drug or ingredient whatever, or shall mix the same with other liquors of a different kind or quality, or with water, or shall sell or expose for sale such liquor so adulterated, knowing it to be such, he or they shall forfeit for such offence to the city to which he or they may belong and for the use of said city, a sum not less than twenty nor more than one hundred dollars, to be recovered by indictment. ed from liquor agency. Ordinances. 1. All moneys received bj the city agent for the Disposal of sale of intoxicating liquors, by virtue of his office, funds receiy. either from sale of liquors or from any other source, shall be by him paid over to the city treasurer, at the end of each week, during his term of office. 2. The city treasurer shall receipt for the money so J J , ,, , "^ Treasurer to received, and shall keep a separate account with said receipt. liquor agency, in which all the; moneys so received shall be credited, and all sums expended under the provisions of the following section of this ordinance shall be charged. 3. The moneys so received are hereby appropri- ated, so far as required, for the purchase of liquors ^^ j^ „ and to defray the expenses of said agency, and for isn. 52 ORDINAIilCES. other purposes connected therewith, but they shall not be paid out of the city treasury until the bills therefor have been examined and approved by the How approved, committee on the agency for the sale of intoxicating liquors, and by the mayor. 4. Any balance or surplus of said moneys remain- ing in the treasury after the disbursements and expenditures mentioned in the preceding section, shall stand to the credit of said agency until other- Balance to wise disposed of by the city council, and shall not agency. constitute any portion of the sinking fund. Amusements. Statutes. INCLUDING THEATRES, CmCUSES, BOWLING ALLEYS, BILLIARD ROOMS, &C. 1. Penalty for exMbiting 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. J. Penalty for violation. 1. If any person, for money or other valuable article, Penalty for exhibits in this State any images, pageantry, slight of ^^^^^^^"g hand tricks, puppet show, circus, feats of balancing, wire &c., without dancing, personal agility, dexterity or theatrical per- a^^^^^e. formances, without a license therefor as hereinafter pro- § L' 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 oflScers of towns may grant licenses Licenses how for any of the foregoing exhibitions or performances granted; fee. therein, on receiving for the use of their town such sum ibid. §2. 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. 3. No person shall keep a bowling alley or billiard Penalty for room without a license, under a penalty of ten dollars for ^^^eping bowi- . ing alley or each day, to be recovered on complaint or indictment to Billiard room the use of the person prosecuting. without 4. The municipal officers of towns may license suitable "**'^* persons to keep bowling alleys and billiard rooms therein, ^*^- § ^' in any place where it will not disturb the peace and quiet 54 AMUSEMENTS. Licensee, how granted ; fees. R.S.,1871,c. 29, §4. 1881, c. 13. Bond to be given, E. S., 1871, c. 29, §5. Bond violated, license to be revoked, &c. Ibid. § 6. Penalty for violations. Ibid. § 7. of a family, for which the person licensed shall pay ten dollars to the use of such town, and such licenses shall expire on the first day of May next, after they are granted, unless sooner revoked. 5. Every person licensed to keep a bowling alley or billiard room shall at the time he receives his license, give a bond to the town with two good and sufficient sureties in a sum not less than one hundred dollars, conditioned that he will not permit any gambling, or drinking of intoxicating liquors in or about his premises, or any minor to play or roll therein without the written consent of his parent, guardian or master, or his alley or billiard room to be opened or used from ten o'clock in the evening to sunrise. 6. If any person, so licensed, violates any of the conditions of his bond, the municipal officers, on being furnished with proof thereof, shall revoke the license and enforce the payment of the bond for the use of their town ; and no person whose license is so revoked, shall after- wards, be licensed in said town for such purpose. 7. The keeper of any bowling alley or billiard room, who violates any of the provisions of section five shall forfeit ten dollars for the first offence, and twenty dollars for each subsequent offence on complaint or indictment to the use of the person prosecuting ; and any marshal, sheriff, police or other officer, may at any time enter said bowling alley or billiard room, or rooms connected there- with, 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. ^ 1 The penalties provided in this section, may be recovered by complaint, iQdict*nent or action of debt, to the use.pf tjie person so prosecuting. See State v. Haines, 30 Maine, 65. For statutes in regard to prize fights and game cocks, see 1873, c. 146. Public Assemblies. AND THE BUILDINQS WHEREIN PUBLIC MEEEING8 ARE HELD AND CROWDS ARE COLLECTED. Statutes. 1. Assemblies not to be broken up. 2. Assemblies public. Egress from. 3. Duty of Mayor and Aldermen. 4. Inner doors of public buildings must open outwards. 5. Outer doors must be open. 6. Fire Escapes. 7. Penalty. 8. Duty of municipal officers when complaint is made. 1 . Whoever, by rade and indecent behavior, disturbs any Penalty for public meeting or assembly, or creates any disturbance in disturbing any hall, walk, or corridor adjacent or leading to the ing. room where such public meeting or assembly may be held, i879, c. loi. shall be punished by a fine not less than five dollars, or imprisonment not exceeding t^iirty days.^ 2. The mayors and aldermen of cities and the selectmen Egress from of towns are hereby authorized and erppowered to deter- assembUes. mine whether or not any hall or building, now erected or hereafter to be erected, and used for the assemblages of citizens, is provided with suitable facilities of egress in case of fire or other casualty. t 3. Upon complaint in writing, made by one or more j^^^^ ^^ j^ j. citizens to the mayor and aldermen, or selectmen, stating andAider- that a building or hall, and describing the same, used for ^J^®^ ^^^ assemblages of citizens, is not provided with suflScient proceedings, facilities of egress in case of fire or other casualty, the said mayor and aldernjicn, or selectmen, shall assign a day and place of hearing upon said complaint, and give to the »For law with regard to unlawful assenablies, see R. S., 1871, c. 123, § 2. State v. Boles, 34 Maine, 2$5. 3 56 PUBLIC ASSEMBLIES. owner or owners of said hall or building at least seven days' written notice thereof ; and at the time and place appoint- ed, shall meet and hear the party or parties in interest, and receive all evidence relating to said complaint and the subject thereof, and may view the premises ; and thereupon said mayor and aldermen, or selectmen, shall decide and determine upon the sufficiency of the means of egress from said hall or building and what, if any, additional facili- ties therefor are necessary ; and if they shall find there is an insufficiency of facilities of egress from said build- ing or hall, and shall so decide, they shall notify the owner or ownefs therof of said decision ; and said mayor and aldermen, or selectmen, may forbid the use of said building or hall for assemblages of citizens until such additional facilities of egress as they shall have found necessary shall have been furnished ; and if the owner or owners of said building or hall shall let or use the same in violation of the order of the said mayor and aldermen, or selectmen, so as above made, said owner or owners shall forfeit not less than twenty nor more than fifty dollars for each offense, to be recovered in an action of debt to the use of said city or town. 4. Any church, theatre, hall or other building or struct- ure intended to be used temporarily or permanently for any public purpose, or any schoolhouse or schoolroom, public or private hereafter constructed, shall have all inner do6rs intended to be used for egress therefrom open outwards. 0. All outer doors of buildings or structures of the kind mentioned above constructed or hereafter to be con- structed, shall be kept open when such buildings or structures are used by the public, unless such doors open outwards, and except that fly-doors opening both ways may be kept closed. Fire Escapes ^- -^^^ hotels used for the accommodation of the public, and ladders oA and all shops, mills, factories and other buildings, more ijjgg than two stories in height, in which any trade, manufac- ibid. § 3. t^^® ^^ business is carried on, which requires the presence of workmen or other persons in any part of the building above the first story, shall be provided with such suitable Inner doors must open ouhoards. 1881, c. 50, § 1. Outer doors open. IMd. § 2. PUBLIC ASSEMBLIES. 57 and sufficient fire-escapes, outside stairs or ladders, as the municipal officers shall deem to be sufficient to afford safe and easy escape from the building in case of fire, and such fire escapes or ladders shall be attached to the build- ing or be stored outside of such building, and convenient thereto, as the municipal officers shall direct, and shall be of such length and number as said officers shall approve. 7. Whoever violates the provisions above ^ shall forfeit Penait5%. tiie sum of fifty dollars, and a further sum of five dollars ibid. §4.. per day for every day's continuance thereof, to be recov- ered by and for the use of the town or city where such building is located, in an action on the case, or by indict- ment. 8. Whenever complaint is made to the municipal officers Duty of of any town, that any building of the kind mentioned in Municipal the three preceding sections now or hereafter to be con- on complaint structed, is deficient in facilities for egress by reason of ibia. §5. the inner doors thereof opening inwards, or for the want of fire-escapes, outside stairs or ladders hereinbefore specified, it shall be the duty of such municipal officers to- give notice to all parties interested in said matter, and. to> inspect such building, and if they find the same so defi- cient, they shall notify the owner, occupant, lessee, or- other person having charge thereof, and require of him' such changes as shall be necessary to make said doors, open outwards, and to provide suitable and sufficient fire- escapes, outside stairs or ladders to be attached or stored as herein provided, and such person shall be allowed thirty days to make such changes and provisions, and if he shall neglect or refuse to make and provide the same within said time, he shall forfeit the sum of fifty dollars, and an addi- tional sum of five dollars per day for every day's continu- ance of such neglect or refusal to comply with, the provisions of this act, to be recovered by and for the use- of the city or town where the building is located, in am action on the case or by indictment.. Auctions and Auctioneers. Municipal officers to ' license auctioneers and keep a record there- of. Fees. E.S.,1871,c.34, §1. 1878, c. 28. Appeal to county com- missioners, in case of refusal. R, S.,1871,c. 34, §2. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1. Statutes. License. If refused, appeal to county commissioners. To keep account of sales. Penalty for allowing non-voter in the State to sell. Penalty for receiving goods of minors, &c. Sale of real estate in two towns. Penalty. Penalty for permitting unauthorized persons to sell. Exceptions of sales by sheriffs, &c. Fines, how imposed and recovered. Special licenses to any voter in the State. Ordinance. No person to sell in streets of city, except in places assigned by mayor and aldermen. 2. Penalty for violation. Statutes. 1 . The municipal officers of any town may license any legal voter of their town by a writing under their hands, to be auctioneers for one year, in any town in said county ; and shall record every such license in a book kept by them for that purpose. Persons so licensed may be exempted from any liability to deduct two and one half per cent, from the gross amount of sales, as provided in section three of chapter thirty-four of revised statutes. Persons so licensed shall, upon receipt of such license, pay to the treasurer of said town the sum of two dollars, and by him paid into the treasury for the use of the town where such license is granted. 2. If such officers, after written application to them for a license, unreasonably refuse or neglect to grant it, the applicant, by giving them ten days' notice and a bond to pay all costs arising thereafter, may appeal to the county commissioners, who, after a hearing of the parties, may grant the license if they judge it reasonable. AUCTIONS AND AUCTIONEERS. 59 3. Every person licensed shall keep a fair and particular ^"^^""^^"j^^J^ account of all goods and chattels by him sold, stating of ^f goods sold, whom received, and the price for which the same were *c. sold, and, unless otherwise authorized, if said goods are ^^^- ^^• sold voluntarily for the benefit of parties residing out of the State, he shall deduct two and a half per cent, 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 days 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 . ^ 4. No auctioneer shall allow any person, not a legal ^eiiaityfor •^ y . T allowing any voter in the town from which he received his license, to one not a voter act for or under him in any sales by public auction, under i^the town, to 1. A /./.. 1 11 i. 1 «. T act under him. penalty of fifty dollars for each offence ; and any person j^^^j § ^ so acting shall be subject to the same penalty. 5. If any auctioneer receives any goods for sale, at Penalty for public auction, of any servant or minor, knowing him to ^^g,^^ be such, or sells any goods before sunrise, or after sun- minors or ser- set, at public auction, he shall forfeit a sum not less than J^i^^^'*^/ . , fifty nor more than one hundred and seventy dollars for special license each offence ; but the municipal officers of any town, may tx) sell after license any duly licensed auctioneer specially to sell after sunset upon payment of a sum not exceeding twenty dollars. 6. A parcel of real estate lying partly in one town and Real estate partly in another, may be sold by an auctioneer of either ; ^^^"^ ^° ^® ^ -^ "> J J toTvns, how but if any auctioneer sells or offers to sell any real or gold. Penalty, personal property at public auction in any other towns i^^d. § 6. than those authorized by his license, or if any person sells without a license, he shall forfeit not exceeding six hundred dollars. 7. If the tenant or occupant of any building, having Peaaity for actual possession and control thereof, knowingly permits p®""*"*^^ ^ any person to sell any goods or chattels at public auction seu contrary contrary to the provisions of this chapter, in such build- *^ ^^^^' *^- ing, or in any apartment, or yard appurtenant thereto, he 1 As to extent of auctioneer's agency, see Horton v. McCarthy, 53 Maine, 394. Memorandum of the contract must be made by auctioneer. 60 AUCTIONS AND AUCTIONEERS. shall forfeit not more than six hundred, nor less than one hundred dollars. Exceptions as 8. Nothing in the preceding sections shall extend to to sales by sales made by sheriffs, deputy sheriffs, coroners, constables Ibid. § 8. ^^ collectors of taxes, executors or administrators, or any other person authorized to sell goods, chattels, or lands, by order of any court or judge of probate. Fines how 9. All fines imposed by this chapter may be recovered recovered^nd ^^ indictment in any court proper to try the same ; and it Ibid. § 9. shall be the especial duty of city marshals and their depu- ties, sheriffs, constables and police officers, to make imme- diate 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. Special Uoenses ^^' "^^^ municipal officers of any city or town in this to inhabitants state, may grant, upon presentation of an invoice or inven- i^^c^i82 *^^y ^^ *^^ property to be sold, which shall be produced, unless said municipal officers shall decide that the same is unnecessary, a special license to any auctioneer, a legal voter in this state, to sell at public auction, between the hours of seven a. m. and six p. m., upon the payment of five dollars for each and every invoice or inventory ; the above license fee to go to the use of said city or town. Ordinance. No person to ^^ person shall sell, or expose for sale at auction, sell at auction ^ny ffoods, wares, chattels, or other merchandise, in in streets of J & ' ' ' the city. any street, alley, square, or other public place, or on any sidewalk in the city, except in such places as may Aidemien to ^^ assigned by the mayor and aldermen for that pur- assign places, pose. And the mayor and aldermen are hereby authorized to assign such places for the purpose of Rev. ord.:i868. Selling goods at auction, as they shall think expedient. .ord. i848,c.8, A.ny person who shall offend against the provisions of this ordinance, shall forfeit and pay a sum not less .than five, nor more than tw^enty dollars. Boats and Lighters. Statutes. 1. Boats, &c., for carrying stones, &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 carry- sand, or gravel, shall be marked at light water mark, and or^CTavei^^^ at least at five other places, with figures four, twelve, six- shall be teen, twenty-four, and thirty, legibly made on the stem ^^^^^'*"^ and stem post thereof, expressing the weight such boat inspected and or lighter is capable of carrying, when the lower part of r®^®^®<^ the respective numbers touch the water in which it floats ; b. s., 1874, c. 36, and such marks shall be inspected yearly, and when found § is. illegible in the whole or in part, they shall be renewed. 2. The master or owner, who uses without such marks. Penalty for T , - , , - , - -, , using lighters and any person, who falsely marks any such boat or lighter, without marks shall forfeit fifty dollars, to be recovered by any person marking^ suing therefor in an action of debt. j^^^^ J ^g 3. The municipal oflScers of every town, where boats Municipal offi- and lighters are employed for the purposes aforesaid, shall ^^^^pg^^"' annually appoint, in April or May, some suitable person and regulate to examine and ascertain the capacities of all such boats ^^es. and lighters, and mark them as above prescribed, who shall be duly sworn ; and said oflScers shall establish and regulate the fees therefor. 4. When such inspector thinks that the burden or ^^^^^ capacity capacity of any such boat or lighter is altered by repairs of lighter has or otherwise, he shall forthwith ascei*tain the same anew, ^®*^ ^^t®'^*^' and marii it accordingly. ibid. § 21. 62 BOATS AND LIGHTERS. Penalty for throwing ballast into any road, port or harbor, &c. Ibid. § 22. 5. No master of any vessel shall throw overboard any ballast in any road, port, or harbor, on penalty of sixty dollars ; and no person shall take any stone or other ballast from any island, beach, or other land, without consent of 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 com- mitted. 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. Boundaries of 1. By act of the general court of Massachusetts, passed •^ ° ' ^ the town of July 4, 1786, incorporating the town of Portland, the Portland. 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 voi. i, p i3i, § the middle of that creek to Back Cove, thence across ^' said Cove to sandy goint, thence round by Casco Bay to Fore River, 1 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 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 Fal- mouth, 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. 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." 64 BOUNDAEY LINES. Annexation of part of Westbrook to . Portland. Act 1845, c. 279. Ancient boundaries continue. R. S., 1871, c. 1, §1. Perambula- tions, proceedings respecting them. R. S., 1871, c. 3, §41. Monuments maybe erected at angles. Ibid. § 42. Disputed lines of towns, how settled. Ibid. § 43. 2. The southern half of that part of the old county road running northwardly from the city of Portland, which has the town of Westbrook on the easterly side, and the city of Portland on the westerly side, is hereby set off from the town of Westbrook, and annexed to the city of Portland. 3. The bounds of towns continue as established, except as hereafter provided. 4. The municipal officers of the most ancient town shall give ten days' notice in writing to such officers of the adjoining towns of the time and place of meeting for perambulation ; and the officers who neglect their duty 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. 5. All towns, which, since the twenty-second day of March, eighteen hundred and twenty-eight, have peram- bulated, or hereaftef perambulate their several lines as 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 of all rivers, bays, lakes, or ponds, which said lines cross, or which are the boundaries of said lines, shall be ex- empted 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, stating that a controversy exists between it and an adjoin- ing one respecting a town line or lines, and praying that 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, BOUNDARY LINES. 65 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 officQ 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 oc lines between such towns. 7. The boundary line^ between the city of Portland and the town of Deering, as run by W. A. Goodwin, City Engineer of the city of Portland, is as follows : Beginning at centre of channel of Back Cove at Deer- ing 's Bridge ; thence westerly through centre of said channel to east line of old county road now Grove street ; thence northwesterly by the easterly line of said road a distance of fifteen hundred thirty-three and fifty-six hun- dredths (1533.56) feet, to a stone monument ; thence at right angles from the easterly to the westerly side line of said old county road a distance of forty-nine and one half (49^) feet, to a stone monument ; thence northwesterly on the westerly side line of said road, a distance of fifteen hundred and thirty-three and fifty-six hundredths (1533.56) feet, to a stone monument ; thence with an included angle to westward of one-hundred nineteen degrees, eighteen minutes (119° 18') a distance of twelve hundred seventy- eight and six tenths (1278.6) feet to a stone monument ; thence southerly with an included angle of forty-one degrees ten minutes (41° 10') a distance of five hundred thirty and nine-tenths (530.9) feet, to a stone monument ; thence southwesterly with an included angle of one hun- dred eight degrees thirty-seven minutes, (108° 37'), a distance of twenty-seven hundred twenty and three tenths (2720.3) feet, to a stone monument, standing on the east- erly side line of the county road at "Libby's Comer;** thence southeastly with an included angle of eighty-eight * See plans In City Engineer's office, City Engineer's Report of year 1878-9, also city records, vol. 18, p. 452. " The boundary line between the city and the town of Cumberland, within limits of Casco Bay, has also been run, crossing Little Chebeague, Crow, Hope, Crotch and Jewell's Islands. The work was completed too late in the season for the setting of monuments on the line. The line should be perma- nently marked and legally perambulated without unnecessary delay." City Engineer's Report, 1878-9; see also, city records, 1878. 66 BOUNDARY LINES. degrees thirty-nine minutes (88° 39') a, distance of nine hundred twenty-two and one-tenth (922.1) feet, to a stone monument ; thence southwesterly with an inclined angle . of seventy-seven degrees four minutes (77° 4') , a distance of one hundred and seventy-nine and ninety-two hun- dredths (179.92) feet, to a stone monument on the easterly side line of the county road last named ; thence south- westerly with an angle northward of two degrees eighteen minutes (2° 18') a distance of seventy-two and-four tenths (72.4) feet to a stone monument ; thence southwesterly with an angle to northward of three degrees fifty-one minutes (3° 51' a distance of forty-three and eighty-five hundredths (43.85) feet to a stone monument; thence southwesterly with an angle to southward of thirteen degrees nineteen minutes (13° 19') a distance of one hundred thirty-six and six tenths (136.6) feet, to a stone monument, thence southwesterly with an included angle of one hundred sixty-five degrees forty minutes (165° 40') a distance of ten hundred ten (1010) feet to an iron rod standing in canal basin ; thence southerly with an angle to northward of twenty-six degrees forty-four minutes (26° 44'), a distance of four hundred and fifty (450) feet, to a stone monument standing in the old tow path of said canal basin ; thence same course to centre of channel of Fore river. Bread. Statutes. 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 ^^^^ ^^^^ ^^ and regulations, not inconsistent with the constitution and relation to laws of this State, as shall be deemed by them to be need- ^^^^^^ ^^ ful and wise, in relation to the assize of bread sold or st. i857, c. 103. offered for sale in the city of Portland, so as best to guard against frauds in the sale of said article. Bridges.' Statutes. 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. Loca- tion. 3. Act authorizing the county commissioners 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, terri* torial 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. Kfestric- tions. 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 pur- pose 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 proprie- tors. Acceptance and establishment as a free bridge. 19. Powers given to county commissioners to establish a side passage to Canal street. 1 Word " highway" may include bridges. R. S., 1871, c. 1 § 4. For penalty for injuring or obstructing bridge, see R. S., 1871, c. 127, § 4, and 30 Maine, 182. See also, title " Streets." See also, law imposing fine of $3 for fast driving on bridge, and recent law providing for complaint of municipal officers, 1881, c. 7. R. S., 1871, c. 19. BRIDGES. 69 pride's and STROUD water BRIDGES. 1 . In the act of the Massachusetts legislature, incOr- Town of porating the town of Portland, the following provision in Portland to regard to bridges in that part of Falmouth now called pride'sand Westbrook, was enacted, viz:— "And be it further stroudwater bridges. enacted that the inhabitants of the town of Portland shall from time to time amend and repair Pride's bridge on laws, July 4, Presumpscot river and the great bridge, so called, (now 1786, § 8. called Stroudwater bridge^) on Fore river, although the same be not included within the limits of Portland, afore- said. "3 VAUGHAN's BRIDGE. 2. By an act passed by the Massachusetts legislature, incorporation February 25, 1794, William Vaughan and others were of the constituted a corporation, under the name of the proprie- Portland tors of Portland bridge, for the purpose of constructing a bridge. bridge from Portland to Cape Elizabeth. (A subsequent ° 1 \ ^ jIjJjj February act, passed March 4, 1800, changed the name of the cor- 25, 1794, §i. poration to "the proprietors of Vaughan's bridge.") Provisions were made for organization, the rates of toll, ^q^"YJ^^*^*' (to be subject to the regulations of government after the term of thirty years,) and also, for the construction of a xame changed draw for the passage of vessels. It was further provided ^ vaughan*s that the act should be void if the bridge should not be organization, completed for the space of six years. The additional act '^^^^^' *^- passed March 4, 1800, extended the time for the com- pletion of the same nine months. It was further enacted, that the bridge shall be built at a place called Bramhall's Time allowed point in Portland, and land at or near Jacob Brown's ^^^^^ °^ farm in Cape Elizabeth, as may be determined by a ma- Location, jority of the proprietors. 3. By an act approved April 17, 1854, the county com- Actauthoriz- missioners of the county of Cumberland were authorized commilXnera to lay out and locate a free bridge and public highway to locate a across Fore river, in said county, commencing at the ^^^^"^^s^ ' •' ' ® over the hnes easterly end of Vaughan's bridge, in Portland, and extend- of vaughan's ing on the line of said bridge to the westerly termination ^^^s^- ° & .7 1854,363, §1. « For 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. 8 Town of Deering set off fi-om Westbrook In 1871. 70 BRIDGES. Draw, construction and regulation of. Ibid. § 2. Expense of constructing bridge, how paid. Ibid. § 3. Bridge territorial limits, regulation of. Additional powers of county commis- sioners. Proceedings of county com- missioners in regard to laying out said bridge. Rep. C. C, June term, 1854, S. J. C. 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. 4. Said county commissioners shall cause to be con- structed in such place in said bridge, as they may desig- nate, 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. 5. Three-fourths of the expense of constructing and maintaining said bridge, shall be paid by the city of Port- land, and one-fourth by the town of Cape Elizabeth ; and 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 divisions 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 shall be thereafter inclosed within the territorial limits of said city so long as said bridge shall be main- tained ; and said commissioners, in addition to the pow- ers herein before granted, shall have powers in laying out and 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 for the county of Cumberland, held May 29, 1854, a free bridge and public highway was laid out and located on the lines of Vaughan's bridge, in accordance with the pro- visions of the aforesaid act. It was determined that the bridge should be thirty -three feet in width, and twenty- five hundred and sixty-four feet in length, and that the section 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 BRIDGES. 71 that the city of Portland should build and maintain with- in her section a suitable and convenient draw, of not less than forty-two feet in width, for the passage of vessels, boats, &e. 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 town Deering's of Portland , as by the following extract from town records : ^"'^^^ l^^^ , ^ J i^ out by town of *-In town meeting. May 6, 1805 : Portland. ''Voted to raise one thousand dollars to build a bridge Town Records, . ^, , ,. -, 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, NOW CALLED TUKEY's BRIDGE. 8. By an act passed by the Massachusetts Legislature, Back Cove February 27, 1794, Thomas Smith and others were made bridge. , , , /. , ^ . o -r^ 1 Incorporation a corpoi-ation under the name of the " Proprietors or Back ^f, Mass. Cove bridge, ' ' for the purpose of building a bridge from special laws Fel ' §1. Sandy point, in Portland, to Secomb's point, in Falmouth. ^ • '> Restrictions. Draw and Similar provisions for organization and rates of toll were I'uacted as in the incorporation of Vaughan's bridge ; and Location, it was also provided that the bridge should be so con- structed as not to prevent the water flowing the flats west- ward of said bridge. 9. By an act of the legislature of Maine, passed Feb- Additional act. ruary 26, 1825, it was provided that the proprietors should ^^25, 363. build and ever after keep in repair, a convenient and sufficient draw or passage way, and also build and keep piers. in repair, a suitable pier upon each side of the bridge, and that vessels should pass and repass free from toll or ex- ^ See county commissioners* records, vol. 10, pp. 235, 236. * In 1864, Green street, including Deering Bridge, was widened on the west- erly side line 2 feet and 3 inches, and in 1875 the easterly side line, between Kennebec street and Back Cove creek, was located 21.75 feet easterly of that line as formerly established and parallel therewith, making Green street four rods wide between the above named points. See city records and City Engineer's plans. 72 BKIDGES. Extension of time as toll bridge. Reduction of tolls. 1835,583. Further extension of time as a toll bridge. City of Portland authorized to receive and maintain Back Cove bridge. 1837, 257, § 1. To be maintained as a free bridge. Ibid. § 2. City to have authoritj'^ to construct said bridge for the pui-poses of a dam. Ibid. § 3. May occupy flats. Draw. Ibid. § 4. Vessels to pass free of expense. pense ; and also extending the* time for the taking of tolls for the benefit of the proprietors for an additional term of ten ye^rs. 10. By an additional act, approved March 19, 1835, a reduction was made in the tolls ; and the time for taking of tolls for benefit of proprietors, further extended for an 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: That the city of Portland be authorized and empowered to receive the bridge leading from Westbrook to Portland, called Back Cove bridge, from the proprietors thereof, and to support and maintain the same forever hereafter, and to relieve said proprietors from all responsibility on account of the same ; Provided^ that said bridge shall be and remain free from tolls from and after the nineteenth day of March next. 12. Said city of Portland shall forever hereafter be bound to support and maintain said bridge as a free bridge, and shall have power and authority to do all things neces- sary and proper in maintaining the same. 13. For the purpose of remunerating said city for the expenses of supporting and maintaining said bridge, said city shall have power and authority so to construct said bridge as to answer the purposes of a dam and basin, and shall have power and authority to erect and maintain, or 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 much land and flats as may be necessary for the above purposes, and if any person shall be injured thereby, he shall have the same remedy as is provided in the sixth sec- tion 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 channel of said river, for the passing and repassing of vessels through said bridge, and said draw shall be raised at all times without delay for vessels having occasion to pass or repass, free of expense. Looatibn. BRIDGES. 73 15. Said city hereby is authorized and empowered to ^^^^^^^^^^^ assess and collect money from time to time for the pur- support of poses aforesaid, and to do all things necessary and proper bridge. ^ Ibid. § 5. respecting the same. PORTLAND BRIDGE. 5 16. The proprietors of Portland bridge were incorpo- rated February 10, 1823. The corporators were author- ^"j^pr^prietors.. ized and empowered to construct a bridge from the j^^^-^^^ ^^^ northerly point of the farm of Elias Thomas, Esq., in §i.. Cape Elizabeth, to the nearest convenient point south- westerly of Robinson's wharf in Portland, and to purchase and hold such real and personal estate as may be necessa- ry to carry the aforesaid object into complete effect. 17. It was further enacted that said proprietors should p^.^^ build and keep a convenient and sufficient draw or passage ibid. § 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 each side of said bridge, and adjoining said draw, suffi- p^®"- cient for vessels to lie at. And said draw shall be lifted for all vessels without toll or pay, except for boats or ves- 'Vessels to pass. ^ -^^ ^ free of sels passing for pleasure ; and all vessels intended to pass expense., through said draw shall be free of charge at said wharf or pier until a suitable time shall offer for passing the same. 18. In accordance with the provisions of an act, ap- Surrender of proved August 28, 1850, entitled "an act relating to the coui^of surrender of toll bridges and turnpikes to public uses," Cumberiandi authorizing the county commissioners to accept the sur- J*^ proprie- render of bridges from the owners thereof, the proprietors Acti850, i97.. of Portland bridge surrendered the same to the county of Cumberland, and at a meeting of the county commission- Acceptance ers. held at Portland, June 14, 1851, the same was ggtabiishmenf accepted and established as a free bridge from and after as a free thatdate.6 - ^^^«^' 19. By an act, approved March 19, 1853, entitled "an act giving to the county commissioners of Cumberland 5 Extensive changes of detail and repair have been made in this bridge. « See county conunissioners' record, vol. 9, page 364. 74 BRIDGES. Powers given county further powers in relation to Portland bridge, ' ' the commissioners county Commissioners of Cumberland county were author- to estabiisii a ized, if they should adjudge the object contemplated by to Canal ^his act to be for the public convenience and interest to street. alter Portland bridge in said county, by locating and estab- § J ' ' lishing 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 main- tained as a part of Portland bridge, as the same is now held and maintained, and in the manner and under the limitations provided in an act passed August twenty-eighth, eighteen hundred and fifty, entitled "an act relating to the surrender of toll bridges and turnpikes to public uses. ' ' 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. 1. 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 B^.iaws think proper, not inconsistent with the laws of the State, respecting and enforce them by suitable penalties, respecting the «^c^<*^°* erection of wooden buildings, or buildings the exterior of buildings, which shall be in part of wood therein, and defining their R- s., i87i, c. 3, proportions and dimensions ; and any building erected contrary to a by-law or ordinance adopted under this specification shall be deemed a nuisance and dealt with accordingly. 2. No person shall occupy any tenement in any mari- ^2(3^^1^^'^' time town for the business of a sail maker, rigger, or ^®°u^%^J keeper of a livery stable, except where the municipal ^^f™aker*^^ officers direct ; and any person who offends against " this jjg^er or section, shall forfeit ten dollars a month duriner the con- stable, except '=' as municipal tinuance of such occupancy, with costs. officers CllJrGCv* 1 For care of Public Buildings, see charter § 7. See also Title "Assemblies." See " City Market Hall." As to wood buildings see private laws 1863, c. 167, § § 3, 4 and 5. 76 BUILDINGS. Penalties. 3. The said penalties^ may be recovered by complaint, Ibid. § 28. indictment, or action of debt, one-half to the use of the town where the offense is committed, and the other to the person prosecuting. Willful 4. Whoever^ willfully and maliciously destroys, injures, injuries to ^j. (jef^ces any buildinff or fixture attached thereto, with- buildings, -^ ^ _ , . . fixtures, out conscut of the owner, shall be punished by imprison- goods or ment less than one year, or by fine not exceedinsj five valuable ^ ^ >- papers of hundred dollars, and also be liable to the party injured, another. in an action of trespass, for the amount of injury so done, 127 §15 ' ^^^ ^^^ ^ further sum not exceeding three times the amount, as the jury shall deem reasonable. Ordinances. 1. All persons intendino^ to erect any buildino^, or Notice shall be , ^, . . f i 1, .. given of to make alterations in the external walls oi any intention to build, &c. building, or buildings, of any description, any part Rev. ord. of which is to be placed upon or wdthin ten feet of any of the public streets, 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 dimen- sions 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 encroach- ment, 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 ascer- tained. And all persons intending to erect, or make any alterations in any buildings as aforesaid, shall not pay any fees of the city engineer, for giving the grade and line of the street, adjoining which the proposed building is to be placed. 2 For further legislation to prevent fires in buildings, see R. S., 1871, c. 26, § § 17 and 18. 3 State V. Whittier, 21 Maine, 341; Thayer v. Boyle, 30 Maine, 475; State v. Billington,^ Maine, 146; State v. Pike, 33 Maine, 361. BUILDINGS. 77 2. No building, or buildings, the exterior walls of ^^g^""' which shall be in part or wholly of wood, exceeding buildings ten feet in height, shall hereafter be erected in this city ^J^ ^ without permission in each case from the mayor and aldennen. 3. It shall be the duty of the city marshal to cause when to be removed at once, as nuisances, all buildings 1^1"^!*"^^ erected in violation of this ordinance. 4. The mayor and aldermen shall have power to lumbers of cause numbers of regular series to be affixed to or jbiti. inscribed on all dwellino^ houses and other buildinors erected or fronting on any street, lane, alley, or public court within the city of Portland at their dis- cretion ; 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 build- ing 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 penalty for authorized, or who shall affix to the same, or retain ^^^in^ering contrary to thereon more than one day, any number contrary to directions, the direction of the mayor and aldermen, or person so authorized, shall 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 ceuar doors thereof, shall project into any of the streets, lanes, p^tformsto' alleys, public squares, or places, within the city, it be kept in shall be the duty of the o^\Tiers and occupants of the ibid, 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 safety of the inhabitants is thereby endangered, the mayor and aldermen are hereby authorized to notify the said 78 BUILDINGS. owaiers 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 plat- form thereof, shall continue to be out of repair. 6. Whenever any of the cellar doors before men- ceiiardooi-s to tioned are opened, or the platform thereof removed at be lighted ^ ^-j^g durino: the niffht, it shall be the duty of the wheu open at "^ o © ' ./ night. occupant of the cellar to which the same belongs, to cause a sufficient light to be so placed that the open- ing of the said door or removal of said platform, shall at all times during the night be distinctly visible. And any person offending agiinst the provisions of this section, shall forfeit and pay a sum not less than one nor more than twenty dollars. Defacing 7. Any persou or persons who shall he guilty of ibidl^"^^*' ^' clefacing any building or buildings, fence, sign, or other property, in the city, by cutting, breaking, daubing with paint, or in any other way defacing or injuring the same, or who shall throw nny 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 for- feit 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 . , .„^ ^ ^ . . n i . ^ other bills Other bill, or any advertisement or notice ot any kind, not to be ^jj jjjjy pui^iic buildino^, or any buildino^ or fence, placed on -^ \ '='' "^ ^ ' buildings. without the conscut or the owners or occupants there- ibid. q£^ 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. Licence required. 3. Same. 4. Maj^or 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, &c. OMNIBUSES. 19. Time for starting. 20. Stopping. 21. Shall not leave the route. TRUCKS, WAGONS, &C. 22. License for trunks, 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. 80 CAREIAGES. Teams about to meet, to turn to the right; when unable to stop. 25 Maine, 39. R. S.,1871,c.l9, §2. When stationary or traveling slowly, to allow others to pass. Ibid. § 3. Teams not to stand on ways to obsti'uct passage, &c. Ibid. § 4. Bells on horses drawing runners. Ibid. § 5. Cities authorized to establish ordinances for regulation of carriages. R. S., 1871, c. 3, §40. 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. 37. Transportation of dead bodies forbidden. Statutes. 1 . When persons traveling with a team^ are approach- ing to meet on a way,^ they are seasonably to turn to the right of the middle of the traveled part of it, so far that they can pass each other without interference. When it is not safe, or is difficult on account of weight of 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. 2. When a person with a team is stationary, or travel- ing slowly on a way at a place unsafe or inconvenient for passing him with a team, he is, if requested, to drive to the right or left, or to stop a reasonable time at a con- venient place, to allow the other to pass. 3. No person is to leave his team stationary on a way so as to obstruct a free passage of other teams ; or is to allow his team to be on a way without a driver. 4. Three or more bells are to be fastened to one of the foremost horses drawing teams on snow without wheels. 5. Towns, cities and village corporations may make such by-laws or ordinances as they think proper, not in- consistent with the laws of the State, and enforce them by suitable penalties, for the due regulation of omnibuses, stages, hackney coaches, ^ wagons, carts, drays, hand carts, and all other vehicles, used wholly or partly therein for business, pleasure, or the conveyance of passengers by 1 The word " way" includes all kinds of public ways and the word " team" all kinds of conveyances on such ways for such persons or property. R. S., 1871, c. 19. §1. 2 Travelers under some circumstances, when they cannot pass, are required by law to stop a reasonable time at a convenient part of the road, even if not requested to do so. Kennard v. Barton, 25 Maine, 39. See also 10 Cush. 495; 8 Met. 213; 11 Met. 403; 23 Pick. 201. 3 For injury to baggage by hackmen, see R. S., 1871, c. 127, § 18. defined. Rev. Ord. 1868. CARRIAGES. 81 horse power or otherwise, and by establishing the rates, of fare, their routes and places of standing, and in any other respects ; but by-laws and ordinances for this purpose shall be published one week at least before they take effect, in some newspaper printed therein, and penalties for their breach shall not exceed twenty dollars for one offence, to be recovered by complaint to the use of such city, town or corporation. Ordinances. 1. Every hack, stage-coach, omnibus, chariot, jjackney coachee, barouche, landeau, or other vehicle, whether carriage on wheels or runners, drawn by one or more horses, or other animal 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 ordi- nance. 2. Xo person shall set up, use, or drive, in the city of Portland, any hackney-carriage for the conveyance required. of persons from place to place within said city, with- ^^^• out a 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 hack- ney-carriage in the city of Portland, unless he shall same. have first procured a license therefor fi'om the mayor ibia. and aldermen. 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 hackney-carriage with- out 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 the carriage so driven shall forfeit and pay the same pen- alty. 82 CARRIAGES. Mayor and aldermen may license and revoke. Ibid. Fee for license. City marshal to make quarterly report. Ibid. When licenses expire shall not be transferred without, &c. Ibid. Who shall be liable. Ibid. Neglect to take out license after it is granted. Ibid. 4. The mayor and aldermen will, from time to time, grant licenses to such persons, described in sec- tions two and three of this ordinance, and upon such terms as they 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. 5. For every license so granted, there shall be paid to the city marshal, the sum of one dollar, for the use of the aldermen of the city, and the city marshal shall make a quarterly report to the mayor and aldermen, of all Slims so received, and shall pay over the same to the aldermen. 6. All licenses granted as aforesaid, shall expire on the first day of July next after the date thereof ; and no license shall be sold, assigned or transferred, without the consent of the mayor and aldermen indorsed thereon by the city clerk. 7. The person in whose name the license for a hackney-carriage is taken out, as well as the ow^ner, shall be liable 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. 8. Any person who may be licensed as aforesaid, either as owner or driver of any hackney carriage, who shall 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 num- bered in the manner following, viz : Every hack or CARRIAGES. 83 landeau licensed, shall be marked upon the outside banner of ' '- ^ ^ marking and and upon each side, on the sill or rockers, immediately numbering. below the doors, with the number of the license, with ^*^' white, gilded or plated figures, in the Arabic charac- ter, of not 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 be num])ered in like manner, on the top rail of the doors. Omnibuses 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 inspec- tion 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 ofience. 10. Xo owner or driver of any hackney carriage No other shall use, or sufi*er such carriage to be used, with any ^^g^d^^" other number upon the same than that assigned by ii^id- the mayor 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 of any hackney carriage, shall stand with such car- in any other riage in any place within the city, to be employed, ^^' other than the 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 ofiense. 84 CARRIAGES. Shall not stand 80 as to obstruct. Ibid. Driver, Ac, sliall wear a badge. Ibid. Runners shall not be employed. Ibid. Mayor may give directions. Ibid. 1 2 . No owner, driver, or other person having charge of any hackney carriage, shall stop his carriage abreast of any other carriage in any street, square, lane, alley, or public place, so as to obstruct the same, or the sidewalk, flag stone, or crossing thereof, under a pen- alty of not less than two nor more than twenty dol- lars for each offense. 13. Every owner, driver, or other person having charge of any hackney carriage which has a stand in any square or street, at any railroad station, steam- boat landing, theater, 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 hackney carriages, shall solicit or request, nor shall the owners or drivers of any hackney carriage, hire, employ, or permit 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 hackney carriage, under a pen- alty of ten dollars, to be recovered from such person, owner, or driver, any or either of them severally and respectively. 15. In any street or square, or at any theater, museum, or other place of public amusement, where hackney carriages attend for passengers, the mayor, or any person or persons by him authorized, may give 1867. CARRIAGES. 85 directions respecting the standing of such can-iages, 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, shall refuse to obey such order or directions of the mayor, or other person or persons by him authorizBd, he or they shall be lialjle 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 Rates of fare, paid to the o^vner, driver, or other person having oni., May22, charge of any hackney carriages, except omnibuses, shall be as follows : that is to say, for carrying a pas- senger 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 accom- panied by their parents or an adult, no charge is to be made. Every owner, driv^er, or other person hav- ing charge of any hackney can-iage, 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 gi-eater sum for his servicers as specified in this section, or shall willfully 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. 86 CARRIAGES. Inspected by ^7^ The citv marshal shall inspect all hackney- city marshal. . 1 P T . r 1 ^ ^ ^l Ibid. carnages beiore a license is granted tor use ot the same, and also upon the first Monday in July and January of 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 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 hackney-carriage shall neglect to present 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 ap- pointments 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 sat- isfaction of the city marshal. 18. No hackney carriage used for the conveyance brdr^^en^by a ^^ passcugcrs, shall be driven by a minor, unless he minor unless, be Specially licensed by the mayor and aldermen. Rev. Ord. 1868. uudcr a penalty of not less than two nor more than twenty dollars for each offense. OMNIBUSES. Time for 19. Eacli liceusc of any omnibus belonging to any ibkr*"^ line may specify the time that said omnibus shall leave the 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. CARRIAGES. 87 20. No owner or driver of any omnibus belonging jJJJ^^"^ to 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 dollai-s for each offence. 21. Xo owner or driver of any omnibus shall drive shaiinot leave his omnibus, or permit the same to be driven, on any i^^^^^ other route or street than that designated and estab- lished by the mayor and aldermen, under a penalty of not less than ten nor more than twenty dollars for each offence. TRUCKS, WAGONS, &C. 22. Every truck, wagon, dray, cart, sleigh, hand- License for cart, hand-sled, or other vehicle, which shall be used trucks, in this city for the conveyance from place to place ibid, within the city, of wood, coal, lumber, stones, brick, sand, clay, gi*avel, dirt, rubbish, goods, wares, furni- ture, merchandise, building materials, or any other article or thing whatsoever, shall be licensed as herein- after 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 herein- after 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 offence. • 23. The mayor and aldermen will, from time to time, grant licenses to such persons as they may deem 5 88 CARRIAGES. Mayor and aldeinnen may license and revoke. Ibid. Fees for license. City marslial to make quarterly report. Ibid. When licenses shall expire. Shall not be . transferred without, &c. Ibid. Who shall be liable. Ibid. Using for unlawful pui-poses. Ibid. Pace at which horses, &c., shall go. Ibid. suitable, and upon such terms as they may deem expedient, to use and to drive any such vehicle as aforesaid, within the city 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 to the city marshal the sum of twenty-five cents, for the use of the aldermen of the city ; and the city marshal shall make a quarterly report to the mayor and aldennen of all sums so received, and shall pay over the same to the aldermen. 25. All licenses granted as aforesaid shall expire on the first day of July next after the date thereof, and no license of any vehicle shall be sold, assigned, or transferred without the consent of the mayor and aldermen, indorsed thereon by the city clerk. 26. The person in whose name a license is taken out for any such vehicle shall, for all the purposes of this ordinance, be considered as the owner of the same, and be liable to the perialties herein contained, unless upon sale of any such vehicle notice thereof be given to the city marshal, and the license be deliv- ered up to him. 27. Any person licensed as aforesaid, either as owner or driver of any of the before mentioned vehicles, * who 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 nor more than twenty dollars, and his license shall be revoked by the mayor and aldermen. 28. All drivers or other persons having the care and ordering of any truck, cart, wagon, sled, or dray, passing in or through the streets, squares, or lanes of the city, shall drive their horses or beasts at a mod- erate foot pace, and shall not suffer or permit them to go into a gallop or trot ; and such drivers or other CARRIAGES. 89^ 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 beast, and any person violating either of the provisions of this section shall be liable to a tine of not less than five nor more than twenty dollars for each ofience. 29. Every person licensed by virtue of the pre- xoobeyruies- ceding sections shall be bound to obey and comply and with all rules and regulations and ordinances that are i^^ or may be from time to time prescribed by the city Penalty, council, or mayor and aldermen. One-half of any penalty that may be recovered by virtue of the pro- visions of the preceding sections, shall accrue to the complainant, and he shall be entitled to receive the same from the city treasury when collected. CARRIAGES IN GENERAL. 30. No can-iage or vehicle of any description, Beusrequimi whether of burden or pleasure, shall be driven through ^^ any part of the city of Portland, during any time n>w. that the snow or ice 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 offence. 31. Xo owner, driver, or other person having the carriages care of any carriage, truck, cart, wagon, sleigh, sled, s^asto*^'^^^ or other vehicle, whether used for burden or pleasure, o^t^uct foot 1 11 J 1 ^ ^ ' ^ i . passcngers. shall stop or place such vehicle at or near the inter- iwd. section of any street, lane, or alley, in such manner as to cross the footing or flag stones, or prevent foot passengers ft-om 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 90 CARRIAGES. How trucks, &c., shall be placed. Ibid. Loading and unloading. Ibid. Mayor and aldermen to appoint stands, &c. Ibid. X:!art8, &c., to be placed near sidewalks. Ibid. 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 ])e so placed in any street within the city by the owner, driver, or other person having the care or ordering thereof, as to prevent 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 w^ay of the same, unless it be for a reasonable time, not exceeding ten minutes, for the loading or unloading of heavy articles. Any OAvner, driver, or other person having the care of any such vehicle, 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 oftence. 33. The mayor and aldermen are authorized and empowered to appoint from time to time, as occasion may require, such and so many stands for trucks, carts, wagons, 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. 34. Every owner, driver, or other person having the care or ordering of any cart, truck, wagon, sled, or other vehicle, shall place his horse and cart, truck, wagon, sled, or other vehicle, as near as possible to the post or abutting stone of the foot or sidewalk of CARRIAGES. 91 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. 35. No owner or driver of any hackney-carriage, truck, wagon, dray, cart, sleigh, sled, or any other not to W fed vehicle whatsoever, with horse or any other beast ^^^ sidewalks, 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 offence. 36. Xo person shall ride upon or take hold of any Riding upon part of any chaise, coach, omnibus, or other carria^je ^"*^^*i^<*^ * ^^ ^ carnages, &c., used for the purpose of transporting persons, while forbidden. 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. 37. No driver of any hack, job wagon, or express wagon, or any other vehicle, except a duly appointed forbidden to and licensed undertaker, shall transport through this ?^"f?^^ ^ ^ dead bodies. city, or from one place to another in this city, any ord. jan.4, dead body which is to be buried in any cemetery ^^^' belonging to the city, without permission of the superintendent of burials, under a penalty of twenty dollars for each offence, to be recovered for the use of the city by complaint before the judge of the , municipal court of Portland. Cemeteries.' Statutes. 1. Injury to monuments and burial places. 2. Municipal officers may enlarge cemeteries. 3. "Medical act." Disposition of dead bodies. 4. Person requesting to have his body dissected. 5. When excess of bodies in medical schools. 6. Notifying municipal officers. 7. Portland may pass ordinances for "Evergreen Cemetery." Ordinances. 1. Evergreen Cemetery — lands. 2. Trustees. 3. Superintendent. 4. Occupancy of lots. 5. Evergreen fund. 6. Cemetery account. 7. Burials upon lots. 8. Lots : General directions. 9. Undertakers. 10. Perpetual care of lots. 11. Forest City Cemetery, lands appropriated. 12. city treasurer to execute deed. 13. city treasurer to keep record. 14. superintendent of. 15. committee may exchange lots. 16. sale of lots. 17. Committee on cemeteries, &c. -18. their duty. » 19. Kemoving gravel from cemetery, or public ground, penalty. Statutes. injin-yto 1. Whoever wilfully destroys or injures any tomb, monuments prravestone, monument, or other thins placed or designed and places of ^ ' ' ... , burial. as a memorial of the dead, or any fence, railing or other ! R.S., 1871, c. 124 ^jjjjjg placed about or inclosing the burial place of the dead ; or wilfully injures, removes, or destroys any tree, shrub, or plant, within such inclosure, shall be punished 1 See title "Health." CEMETERIES. 93 by imprisonment less than one year, or by fine not exceed- ing five hundred dollars. 2. The municipal officers of any town^ are hereby Municipal authorized to enlarge any public^ cemetery or burying yard officers within their town, on petition of ten voters, by taking g^f^^"^^^'^ *^ land of adjacent owners, to be paid for by the town, when cemeteries on in their judgment public necessity requires it, providing, ^^.^^ that the limits thereof shall not be extended nearer any 1879, c. i4i. dwelling house than twenty-five rods therefrom, against the written protest of the owner, made to the municipal oflScers of the town at the time of hearing on said petition. 3. \VTioever'* wilfully and knowingly shall have in his Medical act. possession, for anatomical purposes, the body or any part i*enaity for thereof, of any person dying within this state, unless the iK)dy same shall be obtained in the manner provided by section wrongfully in T)0SS6SS10I1 two of chapter thirteen of the revised statutes, or in the iggi^ p. 93. manner provided by this act, shall be punished by im- prisonment of not more than five years, or by fine not exceeding three thousand dollars. 4. If any person, a resident of this State, requests or Person consents during his life that his body may be delivered to requesting a regular physician or surgeon, for the advancement of be^eUvemi^ anatomical science, after his death, it may be used for to surgeon, that purpose, unless some kindred or family connection j^^j^^* makes objection. 5. The body of any person dying in this State, which Excess in shall not be claimed, reasonable notice being given for j^^l'^^^^* burial by the family or next of kin of such person, shall be subject to the use of the medical school of Maine, for anatomical purposes, as hereinafter provided, and if, at any time said school shall receive a greater number of bodies than it needs for the instruction of its students, it shall be authorized to deliver the excess to any regular physician or surgeon, for the same purpose, in this State. 6. Persons having the care of such bodies shall forth- with notify the municipal officers of the town in which 5 Act 1874, c 241, § 8 revised. Act 1877, c 195 repealed. See "City Clerk," §23. » Public cemeteries are exempted from taxation and attachment. R. S., 1871, c. 55, § 11. See Woodlavm Cemetery r. Everett, 118 Mass. 354. The method of making a public cemetery from private cemetery, is provided by act 1881, c. 3. * R. S,, 1871 , c 13, § 2- Person convicted of crime making the above request. 94 CEMETERIES. Persons having such bodies are, and upon the reception of such notice, to^notify' ^^^ *^^ municipal officers of such town shall immediately municipal notify, by mail or otherwise, the officers of the medical ibS*^^^" school of Maine, and such notice shall state the age and sex of the deceased, and the cause of death, if known, and, on request of the officers of said school, if made within two days after receiving such notice, said munici- pal officers shall deliver such bodies to such officers, or to any regular physician or surgeon by them designated to receive the same ; but before receiving any such body, said medical school, physician or surgeon, shall give bond • to the treasurer of such town, as provided in section two of chapter thirteen of the revised statutes.^ Any per- son who shall knowingly violate the provisions of this section, shall forfeit the sum of thirty dollars, to be recov- ered by an action of debt, one-half to the use of the prosecutor, and one-half to the use of said medical school of Maine. ^ City authorized 7. The city of Portland may ordain reasonable by-laws to pass rj^jj^]^ resfulations for the government of Evergreen Cem- by-laws, for * ^ ^ government ^tery, and shall have full power and authority to impose of Evergreen ^nd enforce penalties for the breach thereof, and for the Cemetery. i8Si,jan.3i. punishment of off en ces committed in said Cemetery. All by-laws and regulations heretofore ordained by said city of Portland for the government of Evergreen Cemetery are, and shall be valid and in force ; and all penalties imposed under the same, and for the breach of the same, and for punishment of offences committed in said cemetery, shall be enforced J Ordinances. Ordinance. i^ The tracts of land situated in the town of Deer- Jan. 3, 1881. Landappropri- ^^^&> purchased by the city of Portland of Oliver ated. Buckley, and Wm. Stevens by their several deeds dated February 28, 1852, containing about fifty-five acres, were set apart and appropriated under the 5 Bond that body shall be used for anatomical purposes, and shall be buried. « Duty of Medical school to have body embalmed, and kept thirty days, &c. Penalty, $1000. 1881, c. 94. ' See city charter. CEMETERIES. 95 revised ordinances of 1855, for the burial of the dead of the city of Portland, to be kno\m as "Evergi-een Cemetery," and the several tracts of land since pur- chased by the city in said town of Deering, adjacent to and adjoining said cemetery or which may here- after be purchased to extend its limits, shall be included in and subject to all the ordinances or regu- lations herein or hereafter made for the government and control of said Evergreen Cemetery. TRUSTEES.^ EVERGREEN CEMETERY. 2. The board of trustees shall consist of three members. The mayor shall, in the month of April, annually, appoint, subject to the approval of the board of alder- men, a suitable person as trustee of Evergreen Cemetery, to hold such . office for a term of three years, (unless sooner removed), and until his suc- cessor is appointed and confirmed, and each annual appointment so made, shall be to fill the vacancy occasioned by reason of the expiration of a trustee's term of office. The mayor may, two-thirds of the board of alder- men consenting, remove for sufficient cause any member of the board of trustees after a full and fair investigation in which the said trustee shall have the right to be heard in defence, and any vacancy in the board of trustees whether by removal, resignation or otherwise, shall be filled by the mayor and alder- men by appointment and confirmation as aforesaid ; . the ti-ustee so appointed to hold such office for the residue of the term of the trustee whose place he fills. The board of trustees shall, in the month of April or May, annually, organize by the choice of a chair- > For rules of trustees see book prepared by them, entitled, "BegulationB of the Board of Trustees." • Trustees. 96 CEMETERIES. man, and also a secretary and treasurer, who shall be one of their own number. The chairman (when present) shall preside at all meetings of the board. The secretary and treasurer, acting as secretary, shall keep a record of the doings of the board of trustees, and attend to all correspondence. He shall annually make out and submit to the city council a statement of the general condition and affairs of the cemetery, which statement shall be submitted to the city council in connection with the detailed statements of Evergreen Fund and the Cemetery Account by the city treasurer at the close of each financial year. The secretary and treasurer, acting as treasurer of the trustees, shall receive all money not paid directly into the city treasury. All bills against the cemetery, shall be submitted to him for examination, and he shall then submit the same to the board of trustees for approval. He shall keep a detailed account of all money received by him from any source in connection with and belonging to the cemetery, and of any and all expenditures made through him. He shall at least once in three months, make out a detailed statement of all receipts and expenditures, and turn the same over to the city treasurer together with all funds in his possession, as shown by such statement. He shall carefully examine and make up from the Superintendent's time book, the pay roll of all the , -employees of the cemetery, and pay out the same to such employees. He shall give bond in the sum of one thousand dollars, to be approved by the board of mayor and aldermen, for the faithful performance of his duties. He shall perform such other duties, as are imposed upon him by these orcjinances. CEMETERIES. 97 SUPERINTENDENT . 3. The board of trustees, shall at their organiza- superintendent tion or as soon tliereafter as may be, appoint some suitable person as superintendent of the cemetery, who shall act under their direction and control in the care of the cem.etery, and the trustees may confer upon him such authority as they deem advisable, subject to these ordinances in the general control and management of the cemetery. It shall be his duty at all times in connection with the trustees to see that these ordinances are rigidly and impartially enforced. He shall be liable to removal at any time by the tinistees for incompetency, dishonesty, or for any cause which they ma}^ deem sufficient. He shall be ex-officio an undertaker, and shall have all the powers of the same. 4. The trustees are authorized to determine and occupancy ot regulate such price for the occupancy of lots in the ^^*®- cemetery as in their judgment, the location, surround- ings and condition of the same would seem to warrant, and the city treasurer upon receipt of a certificate from the trustees setting forth the name of the person or persons, together with the section, number and price of such lot or lots shall, upon the payment of the price specified in said certificate, made out and deliver to such person or persons a certificate in the following form : CITY OF PORTLAND. *'Know all men by these presents, that the city of Portland, in consideration of dollars paid by , hereby give and grant to the said , his heirs and assigns forever, the right to occupy for the purpose of burial, lot No. — of section — in Evergreen Cemetery, belonging to the city, situated in Deer- ing, 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 management 98 . CEMETERIES. and care of the cemetery, and the due observance of order therein, and the same shall not be assigned or transfered without the consent of the trustees and city treasurer endorsed thereon. In witness whereof this instrument is subscribed by , in behalf of the city, this day of , A. D. 18—. , City Treasurer. The trustees are prohibited from issuing certificates of sale of lots except as follows, viz : To citizens of Portland. To non-resident tax payers or any non-resident representing a Portland family, deceased, and buried in any cemetery belonging to the city. To residents of the town of Deering at an advance of fifteen per cent, upon the price charged to citizens of Portland. No person shall hereafter purchase and transfer to any citizen of Deering, or other non-resident, any lot in Evergreen Cemeterj^ Any such transfer shall be void; and the person making such transfer shall be liable to a fine of not less than fifty nor more than one hundred dollars for each offence. But any person holding a certificate of occupancy of any lot or lots purchased prior to the adoption of these ordinances, may transfer to any non-resident such right of occu- pancy in any lot or. lots so held by written consent of the trustees and city treasurer endorsed upon such transfer, provided the person making such transfer shall pay into the city treasury a sum equivalent to fifteen per cent. of the original cost of such lot or lots so transferred. 5. One-fourth part of the amount received from the sale of lots in Evergreen Cemetery, and all sums received from transfer of lots, together with all „ donations made by the holders of lots, or other Evergreen «^ ' Funa. persons, shall constitute a fund to be called "Ever- green Fund," the interest of which shall be appro- priated to improving and ornamenting the grounds CEMETERIES. 99 and lots in said cemetery and keeping the same in good order under the direction of the trustees. The city treasurer shall have the care and custody 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 direc- tion of said trustees, and all interest received, during each year, above the expenditures made, shall be added to the principal of the fund, and he shall, at the close of each financial year, report to the city council the condition of the fund. 6. The city treasurer shall keep a record in which shall be entered all lots, agreeable to the plan of said cemeter>- cemetery, with their number and section, and with account, 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 cemeter}' ; and all moneys so received shall be and hereby are constituted a fund to be ap- propriated exclusively for the purpose of improving and ornamenting said cemetery. The city treasurer shall, at the close of each finan- cial year, report to the city council a detailed state- ment of all receipts and expenditures for the past year, as shown by such cemetery account. For the general improvement and care of the ceme- tery, the trustees are authorized to employ from time to time such number of men as, in their judgment, the interests of the cemetery require, and the pay roll (of such employees) so made and maintained, together with all expense incun*ed by such improve- ment and care, shall be taken fi*om such cemetery account. 7. Burials are prohibited upon any lot the right of Bnriaiupon occupancy of which is in the city of Portland. ^^^' 100 CEMETERIES. Provided^ however, that the trustees may by written consent allow such burials to be made for a limited period where fhe person or persons interested, shall contract for the purchase of such right of occupancy in the lot or lots so buried upon, and if such person or persons shall fail to fulfil such contract of purchase within the 'time specified in said written consent, the trustees may, after thirty days from the date of a notice to that effect to such party or parties interested, cause such body or bodies to be removed to Forest City Cemetery, in Cape Elizabeth, at the expense of the party or parties for which such burial was made. Provided, further, that the trustees may and they are hereby authorized to set apart a plat of land in the cemetery, to be kept in good condition for the sale of graves to parties unable to purchase lots, and the trustees are authorized to adopt and regulate such price for the same as in their judgment is just and proper, and if any person purchasing a grave shall thereafter purchase the right of occupancy in any lot in the cemetery, and remove such body, such person shall be allowed in such purchase, the cost of said grave exclusive of opening and filling the same, and in case of such removal the space so vacated, and the right to occupy the same, shall revert to the city. No interment shall be made upon any lot for hire, nor without the permission of the recorded holder of the lot or his legal representative. 8. A space of not less than three feet in width shall Lots; general y^^ reserved for ornamental purposes on the front of directions. , r- r all lots facing avenues, and of two feet in width on lots fronting paths, and no interment shall be made therein. Lots for tombs may be sold in places approved by the trustees, but no tomb shall be erected wholly, or in part, above ground without permission of the trus- tees, and all such must be furnished with shelves CEMETERIES. 101 having divisions allowing interments to be separately made and perfectly sealed, so as to prevent the escape of unpleasant eiiluvia. Such portions as are above ground must be faced with gnmite or marble. The holder of each lot shall have the right to erect any proper stones, monuments, or sepulchral struct- ures thereon, and also to cultivate trees, shrubs and monuments, plants on the same, subject to the ordinances and regulations of the cemetery,- but no tree growing upon . any lot or border, or within any walk or avenue, shall be cut dowai or destroyed by any person without the consent of the trustees in writing. Any person vio- lating this ordinance shall be subject to a fine of not less than ten nor more than fifty dollars for each ofience. If any trees or shrubs, situated in any lot, shall, by means of their roots, branches or otherwise, be- come detrimental to the adjacent lots, avenues or paths, or unsightly or inconvenient to passengers, it shall be the duty of the trustees, 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. All lots hereafter sold shall be graded under the Grades, direction of the trustees at such price as may be de- termined upon by them, and any profit arising from such gi-ading shall go into the cemetery account pro- vided in sec. 6, and no person shall be employed to grade lots except by consent and under direction of the trustees, and no deed shall hereafter be issued by the city treasurer to any party until the price of the Iqt and grading shall have been paid. The grades of all lots will be detennined by the trustees, and all workmen employed in the construe- hji^j, tion of vaults, enclosing of lots, erection of monu- ments, etc., must be subject to the control and direction of the superintendent acting under the 102 CEMETERIES. direction of the trustees, in all matters appertaining to the general regulations of the cemetery. This ordinance shall not only apply to employees of the cemetery, but to any and all parties who shall enter the cemetery for such purposes, and any party who shall refuse to comply with this ordinance and the regulations of the cemetery, may be prohibited from performing further work in the cemetery. The grading of any lot in the cemetery, or the change of the grade of any lot once established by the city, except by an employee of the cemetery acting under direction of the superintendent or trus- tees, is prohibited, and any lot holder or his repre- sentative who shall cause this ordinance to be violated by reason of procuring any person for such purpose (except as above), shall be liable to a fine of not less than twenty-five nor more than one hundred dollars for each offence. No person except an employee of the cemetery acting under direction of the superintendent or trus- tees, shall hereafter enter Evergreen Cemetery for the purpose of caring for lots for hire ; and no trustee, superintendent or employee of the cemetery shall be allowed to be personally interested in, or receive compensation for any such care of lots, but any and all receipts from such care shall go into the cemetery account provided in sec. 6, and any person violating this ordinance shall be liable to a fine of not less than ten nor more than fifty dollars for each offence. Water. The regulations governing the use of water taken from the pipes in the cemetery, either by hose or otherwise, shall be under the control and direction of the trustees. No foundation for any stone, tablet, monument or ornament, which foundation shall be wholly or in part of stone or brick, shall be laid in the cemetery except by the city of Portland. Provided, however, that Care of lots. CEMETERIES. 103 the trustees may, if deemed advisable, authorize under their direction and supervision the construction of such foundations by parties other than the city. No person shall hereafter attach any chain, vdre, rope or other article used as a guy to any tree in the cemetery without the consent of the superintendent or trustees in writing, and any person violating this ordinance shall be liable to a fine of not less than fifty nor more than one hundred dollars for each offence, and the superintendent or trustees may re- move any guy so attached and the party or parties attaching the same in violation of this ordinance shall be liable for any and all damage caused by such removal. The transportation of loaded teams containing Loaded teams stone, granite, marble or other heavy substance p^^^^^"*^^^- through the front main entrance, may be prohibited by the trustees when in their judgment the same would be detrimental or injurious to said entrance, and any person or persons who shall continue such transportation when so prohibited shall be liable to a fine of not less than fifty dollars for each offence, and the ti-ustees are further authorized to prohibit such transportation under the same penalty, through such avenues as they may from time to time designate. The erection of wooden fences or head-boards of wood or slate is prohibited. Horses must not be left unfastened or fastened Horses. except at posts provided for such puqjose, and any party violating this ordinanx^e shall be liable for any damage which may occur by reason of the same. All persons who shall be found within the limits of jj^igeg the cemetery making unseemly noises, discharging prohibited. firearms, driving at a rapid rate through the avenues, throwing stones or other missiles or otherwise con- ducting himself in a manner unsuitable to the purposes 104 CEMETERIES. Personal interest of officer. Expense of trustees, transporta- tion. Undertakers. to which the grounds are devoted, or in violation of any ordinance or regulation of the cemetery shall be liable to arrest and imprisonment or fine. No trustee or superintendent shall be personally interested in any contract for labor or materials used in the cemetery, and the violation of this ordinance shall be sufficient cause for such trustee's or superin- tendent's removal from office, and any tinistee or superintendent who shall receive and retain or appro- priate to his own use any funds of the cemetery of any description shall be subject to immediate removal from office. Each trustee shall be entitled to draw from the cemetery account the sum of one hundred dollars per annum, which sum shall be in full for all expense of transportation to and from the cemetery. The trustees shall have power to adopt and enforce such regulations for the government and control of the cemetery as are not inconsistent with these ordi- nances. 9^ No person except a licensed undertaker of the city of Portland, or the superintendent acting as such, shall remove to or deposit for burial in Evergreen Cemetery any body of a deceased person, and any person violating this ordinance shall be liable to a fine of not less than fifty nor more than one hundred dol- lars for each offence. It shall be the duty of every undertaker who shall hereafter remove to Evergreen Cemetery any body of a deceased person for burial or for deposit in the re- ceiving tomb, to at once notify the superintendent of burials and also the secretary and treasurer of the trustees, upon a blank for such purpose, to be pro- cured by such undertaker (of said secretary and treasurer) of the name, age, residence and nature of the disease of which such person died, and if buried, of the section, number and name of the lot holder CEMETERIES. 105 upon whose lot such burial was made, or if a body is placed in the receiving tomb, awaiting burial, it shall •be so stated upon such return, and in addition to the name, age, residence and disease, the date of such deposit and when such body shall be removed for burial, the further statement of the section, number and lot holder's name shall be added to such return, by such undertaker, and the secretary and treasurer shall cause a record of every return so made to be kept for the use and information' of the cemetery, and' the license of any undertaker who shall wilfully vio- late this ordinance, shall, upon complaint of the trustees, be at once revoked by the mayor and alder- men. No person or persons shall hereafter open any gi-ave either for the burial or removal of a body in the cem- etery, except by and under the direction of the super- intendent or trustees, and for any grave so made or opened, the trustees may collect a sum not exceeding two dollars for a person over five years, and one dollar and fifty cents for a person under five years of age, at any season of the year when the ground is free from frost and snow, otherwise an addition of one dollar for each grave may be added, and any undertaker for whom such grave shall be so made or opened, either for deposit or removal of a body, shall be liable to the city for such expense, together with any additional expense incurred at the request of such undertaker, and he shall at least once in three months pay to the treasurer of the trustees the amount of alP expense so incurred for graves or otherwise. No body of any deceased person shall be deposited? in the receiving tomb, except that of a lot holder in the cemetery or a person entitled by reason of the wish or consent of a lot holder to be buried upon such lot holder's lot, or of a person, the grave of which shall have been purchased as contemplated in section :106 CEMETERIES. 7, or of a person for whom the price of a lot in the cemetery shall have been deposited with the city treasurer. No body of any deceased person shall hereafter be removed to Evergreen Cemetery, either for burial or deposit in the receiving tomb, except between the hours of seven o'clock, a. m. and seven o'clock, p. m., nor shall any body be removed, in or from said ceme- tery except between the hours above stated, and any undertaker or other person violating this ordinance, shall be liable to a fine of not less than fifty nor more than one hundred dollars for each ofience. 10. There shall be three classes or conditions for HPerpetual care r. i i • of lots. perpetual care ot lots, viz : First. The care of grass only, which is designed to cover the keeping of the grass in good condition, and properly cut. Second. The care of grass as contemplated in the .first class, and also the care of such trees, plants, shrubs, myrtle or hedge, as may be placed upon the lot for which care is granted, which is designed to cover the general care of such trees, plants, &c., but not the furnishing or replacing of either. Third. The care contemplated in the first and second class, and also of all granite, stone, marble or other work appearing upon such lot at the time of granting the care, and such additional granite, stone, marble or other work thereafter placed upon such lot, as the trustees may by written indorsement upon the I bond of care, consent to include in the same. The trustees are authorized to fix upon any lot or !lots, such price for perpetual care as in their judg- iment would be just and proper, as between the city and the applicants for same, and they may refuse to •grant perpetual care upon any lot, the condition of .which, is detrimental or unsatisfactory to them. CEMETERIES. 107 Upon the receipt of a certificate from the trustees setting forth the section, number, and lot holder's name and residence, together with the class of care, and price of same, the city treasurer shall issue to the party or parties therein named, a bond for per- petual care, upon the payment of the price agreed upon in such certificate. The trustees or superintendent may contract with lot holders, or their representatives for the care of lots by the season, at such price as may be agreed upon. All ordinances on Evergreen Cemetery heretofore adopted, are hereby repealed. FOREST CITY CEMETERY. -11. So much of the tract of land^ lying north-west ^^nd of the fence of the Kennebec and Portland railroad, appropriated in the tow n of Cape Elizabeth, purchased by the city city of Samuel Haskell, as per his deed, dated August 12, ^TT"^^" ' i^ ' e » Ord. Dec. 17, 1858, is hereby set apart and appropriated for the i&58, §i, and burial of the dead, and the same shall be called and jges. known by the name of the "Forest City Cemetery,'* city treasurer according to the plan thereof made by Charies H. ^eeT"""*^ Howe, city engineer, and adopted and established ty nji^. the city council on the seventeenth day of September, A. D. 1858. 12. The city treasurer, on the payment of the sum fixed upon said lots, in the schedule of the same, ^^^ treasurer ' to keep record, on the aforesaid plan of Charles H. Howe, by any &c. person, shall be, and hereby is required to execute ^^*^- and deliver to said person, his heirs and assigns for- ever, a certificate of said lot, signed by him, similar » sixteen and seventy-one one-hundredths acres of this cemetery were sold to D. W. Clark 4 Co. by order March 7, 1879, and eleven and sLx-tenths acres to same parties, by order June 10, 1879. City Records, vol 19, p. 457 and vol. 20, p. 37. For full description of lots sold and of the present boundary of cemetery see plans in city engineer's office. This cemetery was originally purchased of Samuel C. Haskell, Aug. 12, 1858. 108 CEMETERIES. •^Superintend- ent. Ibid. City Charter. Committee authorized exchange lots, &c. Ibid. -Sale of lots. •Ord. Julys, 1879. ^Committee on cemeteries to be appointed Rev. Ord. 1868. I City Charter. in form and upon the same terms as the certificate now given for lots in Evergreen cemetery. 13. The city treasurer shall keep a record of all the lots sold in said cemetery, and an account of all the moneys received for the same, and shall annually report to the city council a statement of all lots sold, and assigned by him, with the names of the pur- chasers, 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. 14. There shall be appointed by the mayor with the advice and consent of the aldermen, annually, a superintendent of Forest City cemetery, who shall be ex officio an undertaker, and who shall hold his office for one year, or until a successor is appointed and qualified, and his duties shall be the same in reference to the Forest City Cemetery as those of the superin- tendent of burials, in reference to cemeteries within the city. 15. The committee on "Cemeteries and public grounds" are hereby authorized, at any time, to exchange, free of cost, any lot in Forest City Cem- etery for a lot in the 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. 16. No sale or exchange of lots or of places for interment in Forest City Cemetery shall be made hereafter except under the supervision and direction of the committee on cemeteries and public grounds. 17. There shall be appointed annually, a joint committee of the city council, to be called the com- mittee on cemeteries and public grounds, to consist CEMETERIES. 109 of one member of the board of mayor and aldermen, and three members of the common council. 18. The said committee shall have the care and to have care supervision of the cemeteries of the city ;io of Ever- oJtmeterL. green Cemetery, belonging to the city, in the town of promenades,] Deering ; of the promenades, and all other public j^^^ gi'ounds of the city, subject to such rules, orders and regulations as the city council may from time to time adopt. ^1 19. No person shall remove any gravel, soil or Penalty for material from any portion of the western promenade, removing , . , , ,. , . . gravel, Ac. the cemeteries, or any other public gi-ounds within from the city, without the consent of the mayor expressly ^^^c^^'^ound^ given therefor. Any person violating this ordiance, ord. iseo, shall be subject to a penalty of fifty dollars. Angustso. " Subject to above ordinance of 1881, regulating affairs of Evergreen Cemetery. " The first cemetery of tJiB city was the "Eastern," which has been used as a burial place since the earliest records of the town. It contains five and a quarter acres. The "Western Cemetery" was purchased Dec. 8, 1829, and is still used as a burial place by some of its lot owners. Children Abused and Neglected. statutes. 1. Municipal officers to give notice of hearing on cases. 2. Municipal officers may make complaint to court. 3. Magistrate ma}^ place child in control of private person. 4. Municipal officers to take custody in certain cases. 5. Parents may apply to have custody restored. 6. Expense of support. 7. Towns may provide for support. An act to ^ ' ^^^^ complaint in writing, signed by two or more citi- provide for zens of any town or city alleging that any child within care of abuse ^^^j^ town or city, is willfully nesflected or cruelly treated and neglected -^ ' jo j children. by its pai'ents, or by the willful fault of such parents is Municipal not provided with suitable food, clothing or privileges of officers may education, or is kept at any house of ill-fame, or that such hearings on child is an orphan without means of support or kindred cases of of sufficient ability, who will furnish such support, shall children ^^ made to the municipal officers of such town or city, Act 1881 c. 72 ^^^^ municipal officers shall give notice of a time and approved place of hearing upon such petition, by serving such ^s^and notice, with a copy of such petition upon such parents at taking effect least two days before such hearing, or by publishing a same day. copy of such petition and notice of hearing in some news- paper in the county where such child resides, at least seven days before such hearing. Said municipal officers shall at the time and place mentioned in said notice, give a hear- ing to the parties and their witnesses, and if they find that the allegations in the petition are true, and that it is just and expedient to make further provision for the care, edu- cation and support of such child, they shall make a record thereof, signed by them or a majority of them, which shall be recorded by the clerk of said city or town in a book kept for that purpose. court. Ibid. § 2. CHILDREN ABUSED. HI 2. Upon the making of such record it shall be the duty Municipal of such municipal officers or of some person appointed by ^^e^*^ them for that purpose, to make a complaint under oath to complaint to any judge of any court or any trial justice, which shall contain in substance, the allegations set forth in said peti- tion, and praying that such provision may be made for the care, custody, support and education of the child named in said complaint as justice shall require, and thereupon the magistrate, before whom such complaint is made, shall issue his warrant and shall cause such child to be brought before him, and if upon notice and hear- ing, it shall appear that the allegations of the complaint are true, and that justice requires that such child shall be supported and educated away from its parents, he shall order such child to such place or institution as shall be provided therefor by such town or city, or to such chari- table institution or private person, as he shall deem suit- able for the purpose, provided such institution or person shall consent to receive, support and educate such child ; but such order shall not extend beyond the time when such child shall arrive at the age of twenty-one years, if a male, or at the age of eighteen years, if a female. 3. Whenever the magistrate shall deem it suitable and Magistrate conducive to the public welfare, that such child shall be may place placed under the control of any private person, he shall first take a bond from such person, running to such town private or city where the child resides, in such sum and with such person, sureties as he shall approve, conditioned that such person will humanely treat and properly support, clothe and educate the child, and in case of the non-performance of said bond, a suit may be commenced thereon, and the sum recovered upon such bond shall be paid into the treasury of the town or city to which the bond is given. Upon application to any magistrate, he shall examine into the condition and welfare of the children who have been provided for under this act, and may at any time make such further order in relation to their care, custody, sup- port and education as justice shall demand. 4. Whenever the municipal officers of any town or city have reason to believe that any child will be removed child under control of 112 CHILDREN ABUSED. Municipal ofllcers to take custody in certain Ibid. § 4. Parents may apply to have custody of child restored. Ibid. § 5. Expense of support. Ibid. 5 6. Towns may provide for support. Ibid.§ 7. beyond the limits of the State before a hearing can be had, provided in this act at any time after the filing of the petition, they shall have the power to take the child into their custody and keep the same until the hearing before the magistrate, as provided by this act. 5. Whenever any child is in the custody of any public or charitable institution, the parents or either of them may make application in writing to any judge of the Supreme Judicial Court to have the custody of such child restored to them. Such notice of the application and the time and place of the hearing thereon as the court shall order, shall be given to such institution and the municipal officers of the town or city where the proceedings pro- vided for in this act commenced, and if it shall appear upon such hearing, that the applicant is of sufficient ability and inclination to suitably provide for the support and education of such child, and justice, requires that the custody of such child shall be restored to such applicant, the judge shall so order and the custody and control of said child shall thereupon be given such applicant until the further order of the court. 6. Any town or city incurring expenses under this act, by reason of the fault of piarents who are of sufficient ability to properly support and educate their children, but who wrongfully neglect and refuse to do so, may recover of such parents in an action of debt, the amount so expended for the support of said children. 7. Any town or city may make proper provisions for the support of children mentioned in this act, and such support shall not make such children or their parents, paupers. 1 iSee titles, "Schools," "Industrial School," "Paupers." 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 expen- diture. 10. Auditor to open an account with treasurer. 1. There shall be elected annually, or at the time Q^^^ auditor to that may hereafter be fixed for the election of other be elected subordinate officers, one person, possessing a practical ord. Apnii, knowledge of book-keeping, to be styled the city ^^^' 5 1« auditor of acounts, who shall continue in office during Rev. ord. ises. the year ensuing his election, and until another person has been elected and qualified in his place. 2. Said auditor of accounts shall be sworn to the faithful performance of the duties of his office, and ^i^f^Ig^**"^* give 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 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 w^hich shall belong to said office. 1 For statute provisions relating to election of auditor, see act 1874, c. 188. 114 CITY AUDITOR. A successor to 3^ jj-j case said office shall become vacant by death, be appointed ... . in case of resignation or otherwise, a successor shall forthwith, ibid*^'2*^ and in like manner, be appointed, who shall continue in office until the appointment and qualification of a successor. Expenditures 4. No moucj sliall be paid out of the city treasury and drawn for. uulcss the expenditures or the terms of the contract Ibid. § 3. shall be vouched by the^ chairman of the committee of the board, under Tvhose 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 cascs whcrc it is necessary for money to advance, how \yQ paid in advance, for contracts made or for works made. DM. §3. begun, but not completed, the mayor may, upon being satisfied of such necessity, draw upon the city treasurer for the amount thus necessary to be ad- vanced, 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 ^^ direct the auditor as to the manner in which the direct auditor, i i . and examine books, rccords and papers belonging to the depart- ^^^}]^\ , ment shall be kept, and the mode in which all bills Ibid. § 4. ^ ' and accounts against 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, wliich shall be certified by the auditor. 2 By order of city council, majority of the committee. CITY AUDITOR. 115 7. It shall be the duty of the auditor to keep, in a '^^,"^^^^7^^^^^ neat, methodical style and manner, a complete set of ibid. §5. books, under the direction of the committee of accounts, wherein shall be stated, among other things, the appropriation for each distinct object of expendi- ture, 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 Aurutorto from persons having demands against the city, examine y^^^^ against them in detail, cast up the same, and have them filed the city, &c. and entered in books, in such manner and form as the committee of accounts shall order and direct. \\'hen the auditor shall have any doubt concerning 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 an}' 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 . . . Auditor to to lay before the city council annually, at such time make annual as the council may direct, an estimate of the amount gtotemwuo?^ of money necessary to be raised for the ensuing year, expenditure, under the respective heads of appropriation ; and shall also annually, 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 finan- cial 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 116 CITY AUDITOR. accompanied by a schedule of all the property belong- ing to the city, and an exhibit of the debts due from the city. 10. The auditor shall open an account with the an account^^^^ treasurer of the city,- charging said treasurer with the with treasurer, wholc amouut of taxcs placed in his hands for collec- tion, also the whole amount in detail of all bonds, notes, mortgages, leases, rents, interest and other sums receivable, in order that the value and descrip- tion 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. Proceedings wlien marriage is forbidden. 4. Return to the clerk by person solemnizing marriage, 5. Penalty for false certificate of intention. 6. Clerk to make annual return to clerk of courts. 7. Clerk to record marriages, births, deaths. Fees. 8. Assessors to return births and deaths to clerk. 9. Penalties. 10. Mortgages of personal property. 11. Clerk to record same. Fees. 12. How mortgage redeemed. 13. Notice of foreclosure, how given and served. U. Sworn copy of notice to be recorded. 15. " Holmes note" to be recorded. 16. Attachment of property which cannot be moved. 17. Lien on building, and lot to be recorded. 18. Lien on vessel in stocks. Record. 19. Record Book for articles sold. 20. Proprietors' records. 21. Licensing board. 22. Indentures of apprentices. 23. Record of small cemetery lot. 24. Deeds of pews may be recorded. 25. Preparing list of jurors. 26. Check list. Return of votes, &c. 27. List of persons chosen to oflice. Oath. 28. May record his own election. 29. Certified copy of city oflScers elected. 30. Deputy clerk. 31. Treasurer of city or town to be given to State treasurer. Ordinances. 1. Duties of clerk. 2. Clerk to purchase stationary and blank books. 118 CITY CLERK. Notice of intention of marriage, how to be recorded. R. S.,1871,c.59, § 4, as amended by Act 1875, c. 40. Book of record to be labeled and kept open for inspection. Clerk to give certificate. E. S., 1871, c. 59, § 5. Certificate not to be issued to minors without consent of parents or guardians. Or to paupers. Penalty. Ibid. § 5. Proceedings where marriage is forbidden. Ibid. § 8. Statutes. 1. All residents of this State intending to be joined in^ marriage, shall cause notice of their intentions to be recorded in the office of the clerk of the town in which each resides, at least five days before a certificate of such intentions shall be granted ; and if one only of the parties intending to be joined in marriage resides in this State, they shall cause notice of their intentions to be recorded in the office of the clerk of the town in which such party resides, at least five days before a certificate of such in- tention is granted ; and the book in which said record is made shall be labelled on the outside of the cover thereof, with the words, "Record of intentions of marriage," and be kept open to public inspection in the office of the clerk, and if there be no such clerk in the place of their resi- dence, the like entry shall be made with the clerk of an adjoining town. 2. The clerk shall deliver to the parties, a certificate, specifying the time such intentions were entered with him ; and it shall be delivered to the minister or magistrate be- fore he begins to solemnize the marriage ;^ but no such certificate shall be issued to a male under twenty-one, or a female under eighteen years of age, without the written consent of their parents or guardians first presented, if they have any living in this State ; nor to a town pauper when the overseers of a town deposit a list of their pau- pers with the clerk ; and for any intentional violation of the foregoing prohibitions ; or for falsely stating the resi- dence of either party named in such certificate, such clerk shall be fined twenty dollars. 3. Any person believing that parties are about to con- tract matrimony, when either of them cannot lawfully do so, may file a caution and the reasons therefore, in the office of the clerk where notice of their intention should 1 When marriage is proved to have been solemnized by a settled ordained minister of the gospel, the legal presumption is that it was done in accord- ance Avith law. Pratt v. Pierce, 36 Maine, 448; see also, Bowdoinham v. Phipps])urg, 63 Maine, 497. 2 Mai-riage is a social relation. It is a civil contract, in one point of view, and only those who can legally enter into a civil contract, can legally marry. Adams v. Palmer, 51 Maine, 480, The law on this subject is regulated by the statutes of the place where the parties had their domicile. CITY CLERK. 119 be filed. Then if either party applies to the clerk to enter such notice, he shall withhold the certificate, and notify the person filing the caution, who shall, within seven days thereafter, unless the justices certify that a longer time is necessar}', procure the decision of two justices of the peace, after notice to both parties, upon the sufficiency of such reasons, which shall be duly certified to said clerk, and he shall deliver or withhold the certificate accordingly. If the decision is against the sufficiency, the justices shall enter judgment against the .applicant for costs, and issue execution therefor. 4. Every person, commissioned to solemnize marriages, j^^^^j^ ^ shall keep a record of all marriages solemnized by him, marriages to and, by the fifteenth day of each month, make return Remade to towii clerk. thereof for the preceding month, to the clerk of the town ^g^g ^ j^q ' where the marriage is solemnized, certifying the names of the parties, the places of their residences, and the date of their marriage ; and for any neglect to do so, he shall for- feit the sum of fifty dollars, one-half to the use of the county, and the other to the use of the person suing therefor. 5. If any town clerk makes out and delivers to any penalty for person, a false certificate of the entry of the intention of false matrimony, knowing it to be false in any particular, he intention shall be fined one hundred dollars, or six months in the R. s.,i87i,c.59, county jail. ^^^' 6. The clerk of every town shall return to the clerk of Town clerk to the judicial courts for his county, a transcript of all the ™^^® , •^ ^ annual return records of marriages made upon his books during the year of marriages for which he was a clerk ; and said clerk of courts shall *^ ^^^^^ ^' record the same in a book to be kept for that purpose ; ^^ ' and be allowed therefor by the county treasury at the rate of twelve cents a page. 7. The clerk of every town shall record in a book kept '^^^5^®'^^^ for that purpose, the marriages, births, and deaths occur- JJ^^f^d ing therein ; and by the second Monday ol May annually, deaths, and shall make certified returns thereof to the secretai-y of return to •^ secretary of State, for the year ending the last day of March ; and the state, to be ° *' filed by him. latter shall receive and file them in his^ffice. ibid. §20, 120 CITY CLEEK. Fees. R. S., 1871, c. 116, §19. Assessors to ascertain births and deatlis, and return to clerk. Duty of parents. R.S., 1871, C.J §21. Penalty. Ibid. § 22. Mortgages of personal property not valid except between* parties, unless recorded or possession taken. Where recorded. R. S., c, 91, § 1. as amended by act 1880, c. 193- Town clerks^ shall receive for entering and recording intentions of marriage, giving certificate of same, and recording marriage on receiving the minister's or justice's certificate thereof, fifty cents, to be paid on issuing the certificate of intention of marriage. For recording births and deaths, eight cents each. For a certificate of a birth or death, ten cents. 8. The assessors, while taking the inventory of the polls and estates annually, shall ascertain b}^ inquiry, the births and deaths during the year ending the last day of March, and make returns thereof to the town clerk by the last day of ^pril ; and parents, householders, masters of workhouses, almshouses, prisons and vessels, shall give notice to the clerk 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. 9. Whoever neglects to perform the duties required of him in the three preceding sections, forfeits not exceeding ten dollars for each offence, to be recovered by complaint, half to the town and half to the prosecutor. 10. No mortgage of personal property shall be valid against any other person than the parties thereto,^ unless possession of such property is delivered to, and retained by the mortgagee, or the mortgage is recorded by the clerk of the town, or plantation, organized for any pur- pose in which the mortgager resides. When all the mort- gagers reside without the state, the mortgage shall be recorded in said town or plantation where the property is when the mortgage is made ; but if a part of the mort- gagers reside in the state, then in the towns or plantations in which such mortgagers reside. A mortgage made by a corporation, shall be recorded in the town where it has its established place of business. If any mortgager resides 3 Lake v. Ellsworth, 40 Maine, 343. * If not recorded, not good against bona fide holder. Shaw v. Wilshire, 65 Maine, 485. How far notice to creditors will take the place of record, see Sawyer v. Pennell, 19 Maine, 167 ; Rich v. Roberts, 48 Maine, 548. Where two mortgagers in two towns, record must be in both towns. Rich v. Roberts, supra; Morrill v. Sanfi|d, 49 Maine, 566. Certificate of town clerk on back, is legal evidence of when it was received for record, Stevens v. Whittier, 43 Maine, 376. CITY CLERK. ^ 121 in an unorganized place, the mortgage shall be recorded in the oldest adjoining town or plantation, organized, as aforesaid, in the county. 11. The clerk, on payment of twenty-five cents, shall cierk shall record all such mort2:ao:es delivered to him, in a book kept record on '^ '^ . , - payment of for that purpose, notmg therein, and on the mortgage, fees, the time when it was received ; and it shall be considered as recorded when received. Such clerk may appoint a citizen of said town his deputy, who may, in the clerk's absence from his office, record mortgages with the same effect as if done by the clerk; the appointment may be made in writing as follows : I hereby appoint to perform the duties of town clerk, ^ appoint as set forth in section two, of chapter ninety-one, of the revised deputy. statutes, in the town of , during my absence from the rbid. clerk's office. Clerk of the town of . Said deputy shall be sworn to faithfully perform the duties of his office before he enters thereon. 12. When the condition^ of a mortgage of personal g^^ mortgage property is broken, the mortgager, or any person lawfully maybe claiming under him, may redeem it at any time before it ^^^ "reach is sold, by virtue of a contract between the parties, or on of condition, execution against the mortgager, or before the right of K-S.,187i,c.91„ redemption is foreclosed, as hereinafter provided, by pay- isre, c. 63. ing or tendering to the mortgagee, or the person holding the mortgage by assignment thereof, recorded where the mortgage is recorded, the sum due thereon, or by per- forming or offering to perform the conditions thereof when not for the payment of money, with all reasonable charges, incurred, and the property, if not immediately restored, may be replevied, or damages for withholding it recovered in an action of the case. 13. The mortgagee or his assignee, after condition Kbticeof broken, may give to the mortgager, or his assignee, when foreclosure, his assignment is recorded where the mortgage is re- gervS^^"*"^* corded, written notice of his intention to foreclose the R.s.,i87i,c.9i, same, by leaving a copy thereof with the mortgager or ^ such assignee, or if the mortgager is out of the state, though resident therein, by leaving such copy at his last « Winchester v. Ball, 54 Maine, 558; Trask r. Pennell, 59 Maine, 419. 122 CITY CLERK. Sworn copy of notice to be recorded. Evidence of the facts. Mortgager out of the state to appoint agent and record appointment. Ibid. § 5. "Holmes note." R. S., 1871. c. Ill, § 5. 1874, c. 181. Agreement that personal property delivered when a note is given, shall remain as property of payee till note 18 paid not valid unless made part of note and recorded. -Attachment how preserved when property cannot be removed, &c. R. S., 1871, c. 81, § 24. and usual place of abode, or by publishing it once a week, for three successive weeks in one of the principal news- papers published in the town in which the mortgage is recorded. When the mortgager or his assignee of record is not a resident of the state, and there is no newspaper published in such town, such notice may be published in any newspaper printed in the county where the mortgage is recorded. 14. The notice with an affidavit of service or a copy of the publication, with the name and date of the paper on which it was last published, shall be recorded where the mortgage is recorded, and the copy of such record shall be evidence that the notice has been given. If the mort- gagee or his assignee is not a resident of the state, he shall at the time of recording such notice, record there- with his appointment of an agent resident in the same town, to receive satisfaction of the mortgage ; and pay- ment or tender thereof may be made to him. If he does not appoint such agent, the right to redeem shall not be forfeited. 15. No agreement that personal property bargained and delivered to another, for which a note is given, shall remain the property of the payee till the note is paid, is valid unless it is made and signed as a part of the note, nor when it is so made and signed in a note for more than thirty dollars, except as between the original parties to said agreement, unless it is recorded like mortgages of personal property, and on receipt of twenty-five cents, each town clerk shall record such notes in a book kept for that purpose. 6 16. When any personal property is attached, which by reason of its bulk or other special cause cannot be imme- diately removed, the officer may, within five days there- after, file in the office of the clerk of the town, in which the attachment is made, an attested copy of so much of his return on the writ, as relates to the attachment, with « Wetherell v. Hughes, 45 Maine, 61; Bicknell v. Trickey, 34 Maine, 273. In computing, the day of the date is to be excluded. Bemis v. Leonard, 118 Mass. 502. Sufficient if property cannot be moved without great damage. Cheshire Bank v. Jewett, 114 Mass. 241. CITY CLERK. 123 the value of the defendant's property which he is thereby 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 pur- pose, and keep it on file for the inspection of those inter- ested therein, for which he shall be entitled to ten cents. 17. The lien on buildings and lots, in favor of a person jj g^ ^g^j^ ^ who furnishes labor and materials for constructing or re- 9i,§29. pairing, by virtue of a contract with some other person Lien on than the owner of the property, shall be dissolved unless itJJ'mu^f y^e "^ the claimant, within thirty days after he ceases to labor recorded in or furnish materials as ^foresaid, files in the office of the ^^^,^^^'^ ?^^^^ within thirty clerk of the town in which such building is situated, a true days^ statement of the amount due him, with all just credits See also, r, s., given, together with a description of the property intended 27, 28. to be covered by the lien, sufficiently accurate to identify i876, c. i4o. it, and the names of the owners, if known, which shall ' ' ' be subscribed and sworn to by the person claiming the lien, or by some one in his behalf, and recorded in a book kept for that purpose, by said clerk, who is entitled to the same fees therefor, as for recording mortgages. 18. When a vessel on the stocks is attached, the attach- ment shall be made by filing in the office of the clerk of stocks?^ the town in which such vessel is, within forty-eight hours how^made.' thereafter, a copy of so much of his return on the writ. Record in ^ •' clerk's office, as relates to the attachment, with the name of the plaintiff, R. s., isti, c. 91, § 10. the name of the person liable for the debt, the description p, - ,, of the vessel as given in the writ, the date of the writ, particulars for '^ enforcing the amount claimed, and the court to which it is returna- such lien, see 11 111. i.1 .r. ., remainder of Die, and by leaving a copy of such certificate with one of § 10, also §§ 7, the owners of the vessel, if known to him and residing c! 1! within his precinct, or with the master workman thereon. 1880', c. 243! 19. The clerk''' is to keep a book for the purpose of -1*1 .. .11-. , 1. Record of sales record of sales of articles sold to enforce hens on per- ^f peieonai sonal property. And all sales under laws of 1876, c. 99, property sold are to be recorded. The articles shall be correctly de- ^^^ ^^ 7 AUen V. Ham, 63 Maine, 532. 124 CITY CLERK. 1876, c. 99. See also, R. S. 1871,c. 91. §38 1872, c. 27. 1873, c. 125. Proprietor's records, how preserved. R. S., 1871, c. 56, § 12. Licensing Board. See chapter on Innholders ; also R. 8., 1871, c. 27. R. S., 1871, c. 62, § 4. Description of cemeteries to be recorded. R. S., 1871, c. 15, § 6. R. S.,1871,c.l5. 1874, c. 241. Pews deemed real estate. Deeds and levies thereon may be recorded in clerk's office. R. S., 1871.C.73, §29. Board for preparing list of jurors. R. S., 1871,c. . 106, § 1. scribed, and the expenses of advertising and selling, and the prices at which they are sold,' and such book, shall be open to inspection of all.^ 20. After a final division of lands,^ wharves, and other real estate held in common, the proprietors shall cause their records to be deposited in the office of the clerk of the town in which some part .of such lands lie ; and he may record votes, and certify copies of such records, as the proprietor's clerk might have done ; and the last clerk chosen, shall continue in office, till the records are so deposited. 21. The city clerk and municipal officers constitute a licensing board of towns, and licenses are to be recorded in clerk's office. 22. Indentures of apprenticesljip are to be recorded in clerk's office. 23. Cemetery lot^^ of not more than half an acre, shall bcicxempt from attachment and execution, and unaliena- ble and indivisable by the owners without consent of all. A written description of it, attested by two witnesses, is to be recorded in registry of deeds, or by the clerk of the town where it is situated. 24. Pews and rights in houses of public worship, are deemed to be real estate. Deeds of them, and levies by execution upon them, may be recorded by the town clerk of the town where the houses are situated, with the same effect as if recorded in the registry of deeds. 25. The municipal officers, ^^ clerk and treasurer of each town, constitute a board for preparing lists of jurors, to be laid before the town for their approval. Town may strike out names, but cannot insert. Such board, at least once in three years, shall prepare a list of such persons, ^^ under seventy years of age, qualified to serve as jurors, as are of good moral character, of approved integrity, of 8 Persons using marks or devices for sale of mineral waters, &c., are to record in clerk's office. Act 1874, c. 219. 9 Fogler V. Mitchell, 3 Pickering, 396. 1" Woodlawn cemetery v. Everett, 118 Mass. 354. 11 For penalty for neglect or fraud in observing these provisions, see § 16 and 20. See chapter on jurors. 12 Fact that a man might have been excused from serving as juror will not aflfect a verdict. Munroe v. Brigham, 19 Pick. 368. CITY CLERK, 125 sound judgment and well informed, and qualified as the whatmen shall constitution directs, to vote for representatives in such jurors. towns. After the list of jurors is approved by the town, ™8jJ.^4. the board shall write their names upon tickets, and place Clerk tx) keep jury box. them in the jury box, to be kept by the town clerk ; and the persons whose names are in the box, shall be liable to Tickets in box be drawn and to serve on any jury, at any court for which drawn^noe they are drawn, once in three years and not oftener, ex- y^ar^^ cept as by law provided. itid. § 4. 26. The clerk shall have list of voters, provided by Checklist. law, at every election of town oflScers which shall be used ^* ^'' ^' *' ^ ^^' as check list. The penalty for neglect or refusal under this section is Penalty, not less than fifty nor more than one hundred dollars. jj^J^' , , '^ ^^ The clerk shall preserve the check lists used at the check list to be September election for one year thereafter for the purpose cmffied^*^' of furnishing certified copies. ii.Xfi87i, c. 4, The clerk shall transmit returns of votes, to secretary wJJie subject of State within thirty days after election. S/efectt^'' 27. The clerk shall make a list of all persons chosen Clerk to cause to office, and deliver to a constable, and he shall within g^oned'^ three days summon them to appear before the clerk and before him to take the oath of office. E^lri^^t c. 3. 28. Any town officer may be sworn by the clerk. The cierkmay clerk may record his own election, the fact that he was own^electfon. sworn, when and by whom. ™dj§ f-^^ 3 29. A certified copy of the election of city officers, on Election of first Monday of March, is to be entered by city clerk on o^ce^s .. J " J J recorded. City records. City charter. The clerk shall be elected on second Monday of March Dec. 13. or as soon thereafter as may be. ^^ charter, ' Dec. 6. 30 . The clerk of any city , town or plantation in this State , Appointment may appoint a citizen of said city, town or plantation, his »* deputy , • . *' *■ ' clerk, to do all deputy, who may in the clerk's absence perform the duties, duties of said office, with the same effect as if done by i872,c.i7. the clerk. The appointment may be made as follows : I hereby appoint to perform the duties of town clerk during my absence from the clerk's office. , Clerk of the town of Said deputy shall be sworn to faithfully perform the duties of his office before he enters thereon. 126 CITY CLERK. Clerk to 31. No city, town or plantatioD shall be entitled to communicate receive any money from the treasurer of State unless the name of j j treasurer to clerk thereof shall have previously communicated to the treasurer of treasurer of State the name of the person duly elected and 1879, c. 148. qualified as treasurer of said city, town or plantation. Ordinances. 1. The city clerk shall keep a full record of all the doings of the board of aldermen, and of all conven- Dutiesofcity tions of the city council, which record shall be sub- Rev. Orel. 1868. ject 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 cliairmen of all committees, the appointment of which shall originate in the board of aldermen, and shall transmit all papers to the common 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. 2 . The city clerk shall each year, as soon after the election of subordinate city officers as may be, make Clerk to an estimate of the amount of stationery and blank sta^oneryand books as far as practicable which will be required by blank books, both branches of the city council and all officers of Ord. April 19, "^ 1874. the city for the current mmiicipal year, and advertise CITY CLERK. 127 for sealed proposals for furnishing the same accord- ing to specifications furnished by the city clerk, in the daily papers of the city, three times successive- ly, at least seven days before the time limiting the reception of such proposals, at which time the city clerk and city auditor shall examine all such proposals and award the contract to the lowest responsible bidder residing in the city, and the city clerk shall procure such other necessary articles for said purposes which may not be furnished by contract, and keep an account of the same to be laid before the city council. i3 All ordinances and parts of ordinances conflicting with the provisions of this ordinance, are hereby repealed. ^3 For further duties of clerk, see Drains and Sewers, Elections, City Cliarter. City Constable and Messenger. Ordinances. 1. Duties of city constable and messenger. 2. To be subject to orders of city council. Duties of city ^' There shall annually be appointed by the city constable and council, a Suitable person to be styled city constable Rev. Orel. 1868. and messcnger, who shall receive, deliver, and execute all 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 attend- ance 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 accom- modation of both branches of the city council, or any committee thereof. He shall receive and deliver all notifications to officers elected by the city council, 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 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. Tobesubjectto 2. The city constable and messenger shall at all orders of city times be subiect to such further orders as the city council. ^ ^ '' Ibid. council may make. City Council Statute. 1. "Municipal officers," what the term includes. Ordinance. 1. City council, stated meetings of. Statute. The tei-m, "Municipal Officers" shall be construed to ''Municipal include the mayor and aldermen of cities, the selectmen oncers." •^ R. S,,c.2,§4. of towns, and the assessors of plantations. ^ Ordinance. Stated meeting of the city council shall be held on the first Monday evening of each month at seven and ord.juiyi5, a half o'clock. Special meetings of the mayor and aldermen, and common council, shall be called by the mayor at such times as he may deem expedient, by causing a notifi- cation thereof to be left at the residence or usual place of business of each member of the board or boards to be convened. All ordinances inconsistent with this ordinance are hereby repealed. ' For powers and duties of the city council, see City Charter. For general power of municipal councils, see Dillon on Municipal Corporations, c. 9. City Engineer. City council to choose city engineer. Rev. Ord« 1868. City charter. Duties. Ibid. Same. Monuments. Ord. June21, Ordinances. 1. City council to choose city engineer. 2. Duties. 3. Same. Monuments. 4. Monuments not to be moved. 5. Supervision of common sewers. 6. Account of expense. 7. Plans of sewers. 8. Mean tide elevation. 9. Description of streets, drains, &c. 1. There shall be chosen annually, and whenever a vacancy occurs, by the city council, a city engineer, who shall hold his office until a successor is chosen or he is removed. He shall be removable at the pleasure of the city council, and shall receive such compensation for his services as said council may from time to time determine. 2. The city engineer, under the direction and control 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. 3. The city engineer when required, shall take the angles contained between different street lines, and make a record of the same, as the true lines of the streets, and these angles shall all have reference to a CITY ENGINEER. 131 oriven base line. He shall cause monuments which shall not be less than five feet in length, in the centre of the top of which shall be a copper bolt, one-half an inch in diameter, and four inches deep ; the centre of the bolt shall be placed at the intersection of lines parallel to, and three feet distant from the lines of the street, at the angle as well as at the point of intersectiof!. The tops of the monuments when practicable, shall be set to the grade of the sidewalk. It shall be the duty of the commissioners of streets to put down such monuments when required to do so by the said engineer. 4. All ordinances and parts of ordinances incon- Monuments not si stent with this ordinance are hereby repealed ; ^ ^® moved, provided that all monuments so erected shall be duly recorded, and no person shall remove or cause to be removed, any such monuments, without the consent in writing of the mayor and aldermen first obtained, under a penalty of twenty-five dollars for each off*ence. 5. The city eno^ineer^ shall, under the direction of „ '^ ^ ' Supervision of the mayor and aldermen, take general supervision of sewers. all common sewers, which are now or hereafter may ^^' ^^' ^^' be built and owned by the city, or which may be per- mitted to be built or opened by its authority. 6. The city engineer shall keep an accurate account city engineer of the expense of constructing and completing each to keep public drain or common sewer hereafter built, and expense, and within thirty days after the completion of the same, »»t of person^ he shall furnish to the committee on drains and sewers ord. i873,'May a statement of such expense, together ^vith the loca- ^^' tion, and a profile description of such drain or sewer ; accompanied with a plan of all the lots or parcels of land benefited thereby, which plan shall give the size and number, or other sufiicient description of said lots, together with the name of the owner or owners, if known. > He is ex-officio superintendent of sewers. See title "Drains and Sewers." 132 CITY ENGINEER. City engineer 7 . The Said citj engineer whenever any common ofTewers ^"^ scwcr is Ordered to be built or repaired, shall ascer- Ord. 1859, June tain its depth, breadth, mode of construction and ord. 1868. general direction ; with the dimensions of each lot of land benefited thereby, and 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. 8. Mean tide elevation, (as obtained by the coast elevation to be survey,) shall be adopted as a base line, from which a base line, all levcls 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. 9. Said engineer shall record in a book, to be kept for that purpose, marked^ "street angles and distances," Descriptibn of an accuratc description of the angles, the points of streets, drains, ,.. , ,. r. i.xt iji sewers, &c. to beginning and ending oi each street line, and the be recorded, distances between said points. He shall also record in another book, marked "Grades of streets, sewers, drains, c&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. 2 Duty as to original location of streets. Title, "Streets," § 7. City (now) Market Hall, 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 (now Market) Hall to be with mayor. PROCEEDINGS OF TOWS MEETING J I. At a town meeting held Monday, April 25, 1824,— Voted, That a committee be appointed to report pyoceediiigs of what the buildings and lots of land which form the the t^wn of heater above the hay scales and adjoining the town's reflating to land can be pm-chased for, and also to report a plan, erection of and the probable expense of erecting a suitable build- To^recoi-ds, ing there for a market and town hall. ^oi- 2, pp. 326' At a meeting held Monday, August 3, the com- mittee 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 men- tioned in said report, of a building three stories high. 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. 1 This chapter Is inserted for its historical interest. The city government building, Ijurned at the great Are .July 4, 1866, arid rebuilt, takes the place of the old city hall for most public purposes. 335. 134 MARKET HALL. Use of part of U. At a town meeting held March 27, 1826, it was tommSlT''^ ^oted, That the third story in the town hall, companies. (except for SO much as has been appropriated for the ^^'^' ' use of the Apprentices' Library), be appropriated to the use of the 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. General charge The general charge of the city hall shall be lodged of city hall to ^j^-j^ ^j-^^ mayor, who may allow the free use thereof Rev. ord. isGs! for any peaceable assembly of citizens, on application being made in writing by seven legal voters. Clerk of the Common Council. Ordinance. Duty of clerk of common council. The clerk of the common council shall keep a fiill Duty of cierk record of all the doino:s of the common council, which ®^ common o ^ ^ ' council. shall be subject to the inspection of the mayor, Rev. ord. ises. president of the common council, or any committee of the city council. He shall give notice to the chair- man 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 E.^ .18 ,c. ,§ (jQjjg^aijig Constable shall be elected by towns at their annual meetings. Wards to elect Qualified electors in each ward are authorized, at the two constables annual election holden for the choice of mayor and alder- Ci^^charter, ^^^' *^ ^^®^* *^^ Constables ; and the inhabitants of the §§12,13,15. islands have power to elect one constable, who shall be a Islands to elect j-gsident on some one of the islands, one constable. SEE POLICE. Contracts and Expend- itures. Statutes. 1. Member of city government not to vote on any question , in which he has pecuniary interest. 2. Pecuniary interest in any city contract prohibited. 3. Enforcement. Ordinances. 1. Deficiency of appropriation. Contracts not to be concluded when appropriation deficient. 2. Committees limited in expenditure. 3. Contracts for blank books, stationery, &c. Statutes. 1. No member of any city government or board of Members of selectmen of any town, shall in either board of such city glJ^emments government, or in any board of selectmen, vote upon any Sonfract?or**" question in which he is pecuniarily interested, directly or pecuniTiy^' indirectly, and in which his vote may be decisive ; and no {J^f ^' *** action of any city government or board of selectmen ^- fg' ^^^« ^- ^' taken by means of a vote herein forbidden, shall be legal, pecuniary 2. No member of any city government shall be inter- any?ity ested, directly or indirectly, in any contract entered into p?S£t5ted. by such city government while he is a member thereof ; § ^• and any contract made in violation hereof shall be void. 3. The Supreme Judicial Court in equity, by writ of p^^^editigs tc injunction or otherwise, may restrain proceedings in any enforce, town in violation of the two preceding sections, upon ap- § ^* plication therefor, of ten or more taxable citizens thereof. Ordinances. 1. Whenever any committee or board is authorized Deficiency of to make any contract^ by the city council, or to ex- appropriation. pend any moneys appropriated by the city council 1 For contracts for stationery, see ordinances under title " City Clerk." I 138 CONTRACTS AND EXPENDITURES. Contracts not to be concluded when appropriations are deficient. Committees limited in expenditures. Ibid. 'Contracts for blank books and stationery. Ord. 1874, April 19. for any purpose, and the estimates for such contract or expenditures shall exceed in amount the appro- priation specifically made for the object thereof, or the sum specifically appropriated for any purpose shall have been expended by them, and for either reason a further appropriation is necessary, such com- mittee or board shall report to the city council the fact of such deficiency of the appropriation, a state- ment of the cause or causes thereof, and an estimate of the amount necessary to be added to such appro- priation, and the 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. 2. No joint or special committee of the city council or either branch thereof, or any board appointed by them, shall have power to make any expenditure from the appropriation provided by the city council, to an amount exceeding three hundred dollars, except where otherwise provided in the laws of the State or ordi- nances 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. 3. That the city clerk shall each year, as soon after the election of subordinate city officers as may be, make an estimate of the amount of stationery and blank books as far as practicable which will be re- quired by both branches of the city council and all officers of the city for the current municipal year, and advertise for sealed proposals for furnishing the same according to specifications furnished by the city clerk, in the daily papers of the city, three times successively, at least seven days before the time limit- ing the reception of such proposals, at which time the city clerk and city auditor shall examine all such proposals and award the contract to the lowest respon- CONTRACTS AND EXPENDITURES. 139 sible bidder residing in the city, and the city clerk shall procure such other necessary articles for said purposes which may not be furnished by contract, and keep an account of the same to be laid before the city council. All ordinances and parts of ordinances conflicting with the provisions of this ordinance, are hereby repealed. Co'ws/ Ordinances. • 1 . Cows not to go at large. 2. Penalty. 3. City marshal to prosecute. 4. Cows to wear straps around the neck. Cows not to go 1. No COWS shall be permitted to go at large, at any jf^^^^rd 1868 ti^^» i^ ^^y o^ *^® commons, streets, lanes, squares, or alleys of the city. Penalty. 2. If the owncr of any cow shall suffer the same Ibid. to go at large on any common, street, lane, square or ^ alley of the city, he shall forfeit and pay a sum not less than one nor more than five dollars for each offence. City marshal 3. All informations and complaints for violation of to prosecute, ^j^^ preceding sections shall be made to the city mar- shal, whose duty it shall be to collect forthwith any fine incurred as aforesaid, or in default of payment thereof, tp cause the owners of any such cow or cows to be prosecuted therefor. Cows to wear 4. E Very COW kept in the city shall at all times straps around wear a strap around the neck, of not less than three the neck* inches in 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. 1 For statute provisions, see B. S., 1871, c. 23. Ibid. Ibid 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 Licensee to be time, grant licenses to such, and so many persons as granted to they may deem expedient, to be common criers in criers. this city, and such licenses shall continue in force Rev. ord. laes. until the first day of May next after the date thereof, ^®™ °' •^ *^ ' license. unless sooner revoked by the mayor and aldermen. 2. No person shall be a common crier within the crying without city of Portland, or cry any goods, wares, or mer- license. chandise, lost or found, stolen goods, strays, or pub- i^^ ^^ 1 i. » -1 1 1 11 towns so votC' day of April each year, to the owner or person who has r. §., isn, c. 6, them in possession at that time, if towns shall so vote. § 7. 1877, c. 200. ' _ . 1878, c. 72. Ordinances. 1 . Every owner or keeper of a dog shall annually Dogs to be cause it to be registered, described, and licensed for cierk^s office, one year in the office of the city clerk, by paying ^^' ^^'^• therefor to said clerk the sum of twenty-five cents, and shall cause it to wear around its neck a collar distinctly marked with the owner's name and regis- tered number, and shall pay into the city treasury for such license one dollar. 2. Whoever keeps a dog contrary to the provisions Penalty, of this ordinance shall forfeit ten dollars to be recov- ered on complaint to the use of the city. ^ "^ Complaint. 3. All fines and penalties provided in the preced- ing sections may be recovered on complaint before any court of competent jurisdiction in this city. 4. All other ordinances relating to licenses for dogs Repeal, are hereby repealed. 5. It shall be the duty of the city marshal to cause city marshal all dogs to be destroyed which shall be found at large at ^t^ °^^ within the city, w^ithout a collar, as required by these without _ '^ » ^ J license to be ordinances. destroyed. 6. On complaint being made to the mayor, of any ^^* ^^' ^^' dog within this city which shall by barking, biting, case any dog howlin«:, or in any other way or manner disturb the ^^^ disturb ^] '^ -^ the quiet of quiet of any person or persons whomsoever, the any person by barking, &c. Proviso. 144 DOGS. mayor shall issue notice thereof to the person owning, Ibid. keeping, or permitting such dog to 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 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 per- son in said city. Penalty. ^* -^^ ^^^® ^^J ^^G shall be found loose or going at large, contrary to any of the foregoing provisions. Ibid. ^^^ 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. Public drains ; construction ; notice, expense, &c. 2. Appeal from municipal oflacers. 3. Private drains. 4. Lien, assessments. 5. Right of redemption. 6. City may sue for non-payment in some cases. 7. Certain acts repealed. 8. General authority over drains. City charter. Ordinances. 1. Proceeding to be conformed to act of 1873. 2. Construction, &c. 3. Hearing, &c. 4. Committee on drains and sewers. 5. Sewers in center of street. 6. City engineer to have general charge. 7. Expenses. 8. Private drains. 9. Drains not to be made under sidewalk. 10. Drains not to empty on surface. 11. Water from roofs. 1 Under R. S., 1857, c. 16, § § 2, 3, as amended by act 1860, c. 153, the muni- cipal oflScers of Portland had a right to construct a sewer with an outfall in the public dock below low water mark ; but there is no right te create a nui- sance. If deposits accumulate so as to obstruct navngation, or cause damage to the owners of wharves, not common to the public, it is the duty of the city to cause same to be removed. And if they refuse, they will be guilty of public nuisance, and liable to wharf o>vnei's in action of tort. Franklin Wharf Co. v. Portland, 67 Maine, 46. For what act of municipal officer city is liable, and as to damages, see Darling r. Bangor, 68 Maine, 108; Jackson v. Portland, 63 Maine, 55; Estes r. China, 56 Maine, 407; Bangor r. Lansie, 51 Maine, 521; Blood v. Bangor, 66 Maine, 154. As to constitutionality and general effect of similar provis- ions, to those in this chapter, see 9 Cush. 233; 114 Mass, 544; 4 Allen, 41 ; 13 Gray, 601 ; 110 Mass. 216 ; see also, title Health, post. For general laws on this subject, see R. S., 1871, c. 16. 146 DRAINS AND SEWERS. Public drains and sewers, construction of, notice to be given. Private laws 1873, c. 368, approved Feb. 26, 1873. Expense, how maintained. Location to be filed with city clerk. Statutes. 1. It shall be the duty of the muuicipal officers of the city of Portland, before commencing the construction of any public drain or common sewer, to give notice of their intention to construct said drain or sewer, to appoint a time and place for a hearing in regard to the same, and give notice thereof, by publishing the same for three suc- cessive weeks in some daily newspaper published in Port- land. When said drain or sewer is completed, they shall adjudge what parcels of land are benefited by such drain or sewer, and estimate and assess upon such lots and parcels of land, and against the owner thereof, if known, such sum, not exceeding such benefit, as they may deem just and equitable, towards defraying the expenses of constructing and completing such drain or sewer, the whole of said assessments not to exceed two-thirds of the cost of such drain or sewer, and such drain or sewer shall forever thereafter be maintained and kept in repair by said city ; such municipal officers shall file with the clerk of said city the location of such drain or sewer, with a profile description of the same, with the amount assessed upon each lot or parcel of land so assessed, and the name of the owner of each lot or parcel of land if known, and the clerk of said city shall record the same in a book kept for that purpose, and within ten days after filing such notice, each person so assessed shall be notified of such assessment, by having an authentic copy of said assess- ment, with an order of notice signed by the clerk, stating a time and place for a hearing on the subject-matter of said assessments, giving to each person so assessed, or left at his usual place of abode in said city ; if he has no place of abode in said city, then such notice shall be giv- en to or left at the abode of his tenant or lessee, if he has. one in said city ; if he has no such tenant or lessee in the said city, then by posting the same in some conspicuous place in the vicinity of the lot or parcel of land so as- sessed, at le^ast thirty days before said hearing, or such notice may be given by publishing the same three weeks successively in any newspaper published in said city, the first publication to be at least thirty days before said hear- DRAINS AND SEWEBS. 147 ing ; a return made of a copy of such notice by any con- stable in said city, or the production of the paper containing such notice shall be conclusive evidence that ^ said notice has been given, and upon such hearing the municipal officers shall have power to revise, increase, or diminish any of such assessments, and all such revision, increase, or diminution shall be in writing, and recorded by such clerk. 2. Any person who is aggrieved by the doings of said municipal officers in laying out and constructing said ^^^^ sewer, or in making said assessments, may appeal there- from to the next term of the Supreme Judicial Court which shall be holden in the county of Cumberland, more than thirty days from and after the day when the hearing last mentioned is concluded, excluding the day of the commencement of the session of said court ; the applicants 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 in the case ; either party shall be entitled to a trial by jury, or the matter in dispute may, . if the parties so agree, be decided by a committee of dispute, how reference, and the court shall render such judgment and a'^'isted. decree in the premises as the nature of the case may require ; at the trial exceptions may be taken to the ruling of the judge, as in other cases. 3. Any person may enter his private drain into any Private drains, such public drain or common sewer while the same is ^^^^' under construction and before the same is completed, and before the assessments are made, on obtaining a permit in writing from the municipal officers, or the committee . ^ Lien. havmg the construction of the same in charge ; but after the same is completed and the assessments made, no person shall enter his private drain into the same until he has paid his assessment and obtained a permit in writing from the municipal officers. All permits given to enter any such drain or sewer shall be recorded by the city clerk of said city before the same is issued. 4. All assessments made under the provisions of this act shall create a lien upon each and every lot or parcel ^»^»8°*«"'«- 148 DRAINS AND SEWERS. For non- payment, treasurer may sell lots. Deed. Ibid. Right of redemption. Ibid. In non-pay- ment of assessments, city may sue parties in some cases. Proviso. Ibid. of land so assessed, which lien shall continue one year after said assessments are payable, and within ten days after they are made ; the clerk of said city shall make out a list of all such assessments, the amount of each assessment, and the name of the person, if known, against whom the same is assessed, to be by him certified ; and he shall deliver the same to the treasurer of said city, and if said assessments are not paid within three months from the date of said assessments, then the treasurer shall proceed and sell such of said lots or parcels of land upon which said assessments remain unpaid, or so much thereof, at public auction, as is necessary to pay such assessments and all costs and incidental charges in the same way and manner that real estate is advertised and sold for taxes under chapter six of the revised statutes, which sale shall be made within one year from the time said assessments are made ; and upon such sale the treasurer shall make, execute, and deliver his deed to the purchaser thereof, which shall be good and effectual to pass the title to such real estate. 5. Any person to whom the right by law belongs, may at any time within one year from the date of said sale, redeem such real estate by paying to the purchaser or his assigns the sum for which the same wa« sold, with interest thereon at the rate of twenty per cent, per annum, with costs for reconveyance. 6. If said assessments are not paid, and said city does not proceed to collect said assessments by a sale of the lots or parcels of land upon which said assessments are made, or does not collect, or is in any manner delayed or defeated in collecting such assessments by a sale of the real estate so assessed, then the said city in the name of the inhabitants of said city, or in the name of such city, may sue for and maintain an action against the party so assessed, for the amount of said assessment as for money paid, laid out and expended, in any court competent to try the same, and in such suit may recover the amount of such assessment with twelve per cent, interest on the same from the date of said assessment, and costs ; pro- vided, however, that if any lot, when sold in the manner DRAINS AND SEWERS. 149 before provided, shall not sell for enough to pay the amount of said assessment with interest and cost, the owner thereof shall be under no personal liability for the same. 7. All acts and parts of acts inconsistent with this act Certain acts are hereby repealed. This act and repeal shall not apply repealed, to or effect any drain or common sewer constructed, or ^^d. assessment made, prior to the approval of this act. 8. 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 of General *^ J . r authority. the abutting lots and other lots benefited thereby, and city charter, who shall enter the same directly or indirectly, a propor- March 27, tional part of the charge of making such main di*ain or *' ' common sewer, to be ascertained and assessed by the mayor and aldermen of said city, and by them cer- tified, 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 abutters. 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 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 150 DRAINS AND SEWERS. to said court, and their decision, if accepted, shall be final. And in case the assessment made by the mayor and alder- men 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. ^ Ordinances. Proceedings to 1 • Hereafter^ all proceedings relating to assessments ^ein on account of the construction of public drains and act of 1873. common sewers, and the collection of the same, shall ord. May2i, ^^ ^^ conformity to the provisions of an act entitled 1873. . . "An act relating to drains and sewers, in the city of Portland," approved February 26, 1873. When- ever it shall appear by the report of the committee on drains and sewers, that the public interests require the construction of any public drain or common sewer, the board of mayor and aldermen shall, before proceeding to construct the same, appoint a time and place for a hearing in regard to said drain or sewer, and shall give notice of their intention to construct the same, and of the time and place appointed for said hearing, by publication for three successive wrecks in some daily newspaper published in the city. 2. The city engineer shall keep an accurate account Ibid. of the expense of constructing and completing each Construction, public drain or common sewer hereafter built, and within thirty days after the completion of the same, he shall furnish to the committee on drains and sewers a statement of such expense, together with the loca- tion, and a profile description of such drain or sewer ; *The special act of 1^54, c. 77, was repealed so far as it was in conflict witli ttie city charter of 1863, March 27. The special act 1871, c. 717, was repealed so far as relates to Portland, and so far as in conflict with the act 1873, c. 3(58. 3 Inconsistent ordinances repealed. DRAINS AND SEWERS. 151 ticcompinied with a plan of all the lots or parcels of land l)enefited thereby, which plan shall give the size and number, or other sufficient description of said lots, together with the name of the owner or owners, if known, and said committee shall thereupon deter- mine what lots or parcels of land are benefited by such drain or sewer, and shall estimate and assess upon such lots or parcels of land and against the owners thereof, if known, such sum not exceeding such benefit as they may deem just and equitable, toward defraying the expenses of constinicting and completing such drain or sewer, the whole of such assessments not to exceed two thirds of the cost of such drain or sewer. Said committee shall report their proceedings to the mayor and aldermen for their action. Their report shall show the amount assessed upon each lot or parcel of land, the location, number, or other sufficient description of which shall be given, together with the name of the owner or owners thereof, if known ; and shall also include the location, and the profile description of such drain or sewer. 3. If the report of said committee is accepted, a hearing shall be ordered thereon, a notice of which Hearing, &c shall be given by publishing an authentic copy of said assessment, mth an order of notice signed by the city clerk, stating the time and place for a hearing upon the subject matter of said assessments, three weeks successively in any newspaper published in this city, the first publication to be thirty days before said hearing, and such further proceedings shall thereupon be had as are provided in this act. 4. There shall annually be appointed, a committee committee on of the mayor and aldermen, to be called the committee sewers to be 1 • 1 . . ^ 1 1 A appointed. on drams and sewers, to consist ot three members of Rev. ord. isss, the board of mayor and aldermen. ?uy™harter. ^ 9 152 DRAINS AND SEWERS. Sewers to be 5. All commoii sewers which shall be considered built in centre i ^ i i i i • j , of street. necessarv by the mayor and aldermen in any street or 0rd.jviay26, highway, shall be laid, as near as possible, in the Rev. Orel. 1868. Centre 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 6. The city engineer shall, under the direction of Ibid ^^.J'®^^^^" the mayor and aldermen, take general supervision of all common sewers, which are now or hereafter may be built and owned by the city, or which may be permitted to be built or opened by its authority. 7. One-third part of the cost of all main drains or sewers, which shall be constructed under the direction of the mayor and aldermen, shall be paid by the city. apportioned ^^^ remaining two-thirds of the same shall be assessed between city upou the pcrsous and estatcs deriving benefit there- andabuttors. . . , ,. Ibid. § 4. from, apportioning the assessment according to the In part repeal- jm^ijei. Qf square feet in each lot of land thus bene- ed by Ord. of ^ May 21, 1873, fitcd. But iio part of the cost of constructing the supra. 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. Private drains. ^- All private drains which shall hereafter enter Ibid. into such public sewer shall be built of such materials as the mayor and aldermen shall direct, and shall be laid under 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 required) with such strainers as DRAINS AND SEWERS. 153. they shall require, and in such manner as they shall determine. 9 . Xo person shall sink or lay any drain or aqueduct under any sidewalk, or nearer such sidewalk than the g^nk^under outer edge of the gutter of such street, under a penalty sidewalks, of not less than ten nor more than fifty dollars, i*enaity. provided that nothing herein contained shall prevent any person from constructing a sewer from his land or premises to the public sewer. 10. No person shall let out or empty upon the t> I* i i 1 n n 1 • Drains not to surface ot any street, lane, or alley, any cellar dram, empty upon sink drain, or other drain, so that the water shall flow surface, therefrom on to the street, lane or alley, under a j^^^^^!^* penalty of ten dollars for each offence, 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. 11. It shall be lawful for all persons having care of any buildings, at their own expense, to carry the rain Water from roofs. water from the roofs of said buildings into any public sewer, free of any charge from the city, provided i^w. § 9. that the same be done by light water spouts or tubes under ground, and under the direction of the mayor and aldermen. 4 * The last eight sections are modified, though not repealed by Ord. May 21, 1873, supra. 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. Biennial 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. Aldermen to be in session, when, in cities of more than 1000 voters. 10. Aldermen to be in session four days, in cities of more than 10,000 voters. 11. List of voters to be posted, Kemovals. 12. Lists to be deposited with the clerk, and posted. 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. 37. Check list required. Ballot box, one only allowed. 18. Votes to be on clean white paper. 19. Adjournment of meeting, when no choice of representa- tive is efiected. -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. 30. Penalties in certain cases. 31. Electors in cities to meet in wards. .32. Warden,j)roeem. may be chosen. ELECTIONS. 155 33. In cities, representatives, how voted for. 34. " '* if no choice, further meetings. 3"). " wardens, and clerks of wards, how elected. 36. Penalty for neglect of duty by selectmen. 37. " ** *' to issue warrant. 38. " " *' of constable to summon voters. 39. ♦* " " to deposit and post lists. 40. " " " to keep check lists, or to reject illegal votes. 41. Penalties, how recoverable. 42. Penalty for municipal ofllcers striking off names without notice. 43. Penalty for erasing lists, fraudulent voting, &c. 44. " " neglect to supply lost return. 45. " " making false certificate. 46. " " neglect to deliver returns to secretary of State. 47. County Attorney to prosecute for willful negligence in delivering returns. 48. Liability of town officials limited. 49. Punishment for misconduct of voters. 50. " " bribery and corruption. 51. " " intentionally voting where not entitled. 62. Betting at elections prohibited and punished. 53. Mayor or treasurer to sue for penalty. 54. Money paid on wager to be recovered by action on the case. 55. Conveyances by reason of wager to be Void. 56. Island wards. Election of certain officers therein. 57. Mode of determining election of certain officers. 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. 5. Time of opening and closing polls. Statutes. 1. Every malei citizen of the United States of the age Q^ai^^ations •^ ® of electors, of twenty-one years and upwards, excepting paupers,^ Exceptions. persons under guardianship, and Indians not taxed, having Const, of Maine his residence established in this State for the term of three 1 Opinion of justices, 44 Maine, 507, and 68 Maine, 589, 592; State v. Sy monils, 57 Maine, 148; Holt r. Holt, 58 Maine, 564. * For construction of the question as to who are debarred as " paupers" see Opinion of Justices, 7 Maine, 497. 156 ELECTIONS. Written ballot. Soldiers and seamen in the United States service. Students at colleges and academies. Resolve of 1864. Amendment, Art. X, to the Const. Electors exempt from arrest on days of election. Const. Art. 2. §2. And from military duty. Ibid. § 3. Time of election. Ibid. § 4, and amendment of 1879. Biennial elections. Amend, to const. 1879. Who are legal voters. R. S., 1871, c. 3, §9. Assessors to prepare lists of voters and deliver to the .selectmen. 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 elections shall be by written ballot. ^ But persons in the military, naval or marine service of the United States, or this State, shall not be considered as having obtained such established residence by being stationed in any garrison, barrack or military place, in any town or plantation ; nor shall the residence of' a student at any seminary of learn- ing entitle him to the right of suffrage in the town or plantation where such seminary is established. No person however shall be deemed to have lost his residence by reason of his absence from the State in the military service of the United States, or of this State. 2. Electors shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at, going to, and returning therefrom."* 3. No elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger. 4. The election^ of governor, senators and representa- tives, shall be on the second Monday of September biennially^ forever. The governor, senators and repre- sentatives in the legislature, shall be elected biennially, and hold office two years from the first Wednesday in January next succeeding their election. 5. Every person, who is qualified by the constitution of this State to vote for governor, senators and represen- tatives, in the town in which he resides, is entitled to vote in the election of all town officers, and in all the business affairs thereof. 6. In every town, where the selectmen are not the assessors, the assessors on or before the first day of August in each year in which an election for governor, senators and representatives is held, shall prepare a list of the 3 Printed ballots are " written" ballots, 7 Maine, 492. For law as to dis- tinguishing marks, see Opinion of Justices, 54 Maine, 602, and 70 Maine, 567. < He must be actually on the way. Hobbs v. Getchell, 8 Maine, 187. 6 Constitutional amendment so as to elect the Governor hj plurality/ iuateaA of majority. Resolves, 1880, c. 159, adopted by people September 13, 1880. « Biennial elections provided for. Resolves 1879, c. 151, adopted by people September 9, 1879. ELECTIONS. ^ 157 persons they judge to be constitutionally qualified to vote R. s., i87i, c. i, therein in the election of governor, senators, and repre- l^^^^ ^^^' sentatives, and deliver it to the selectmen for their in- formation. 7. The selectmen'^ of every town, on or before the eleventh day of August in each year, in which an election selectmen to for governor, senators and representatives is held, shall prepare a prepare a corrected list of persons qualified as aforesaid. ^^^^^ ^^' 8. They shall be in session at some convenient time and isso, c. 239. place, by them notified in the warrant for calling the meeting in such town, on the secular day next preceding iiineand the dav of annual election of town officers in the month ™a"nerof •^ holding of March, or on the morning of the day of election, to meetiDgsto hear and decide upon the applications of persons claim- correct Ust of ing to have their names entered upon said list ; and such r, §., i87i, c. 4, session when held on a secular day preceding the day of § i-' °o^ election shall continue at least three hours, and when held ci^es. on the day of election shall continue until the election of see § 10, of tws town officers required by law to be elected by ballot shall ^ ^^ have been completed. 9. In cities containing one thousand and more qualified voters, the aldermen ^all be in session on each of not * less than three secular days next preceding any' day of ijjoo voters, election when a list of voters is required, at some central voters, and convenient place, to receive evidence of the qualifica- in session to tions of voters whose names are not on the lists ; and on receive satisfactory evidence produced at such session, they shall pgrso^ °° ^ enter the name of the person qualified on the list for the claiming a proper ward. And no application shall be received after ^^'^^o*® * * * ^ three days the hour of five o'clock, afernoon, on the secular day precetUng next preceding said day of election, and no names shall election. be added to the lists of voters on the day of election by certificate or otherwise. In cities containing a less number g^ ^^^j of voters, the aldermen shall hold, prior to the day of section for election, the same number of sessions for receivinsr such P^*^y*"^°» ^ apphcable to evidence, as selectmen of towns having a similar number Portland. of inhabitants are required to hold. For the purposes of this section, three aldermen shall be a quorum. Notice ^^ ^ Three to be a of the times and places of all sessions, required by this q uorum. * This statute is directory. Non-compliance with some of its provisions does not invalidate an election. Mussey r. White, 3 Maine, 290; Capen v. Foster, 12 Piek. 485. 158 ELECTIONS. Notice of and, the preceding section, shall be given in the warrant given in for calling ward meetings. In all elections in cities, the Po5s'\o\e polls shall be open until four o'clock, afternoon, and then closed at four , , , o'clock. be closed. R. s., c. 4, § 46. ^^ In cities containing more than ten thousand inhab- Aldermenof .,,,,,, n n t . • i ^ cities of ten itants, the aldermen shall be m open session on each oi thousand j^q^ jggg ^jj^n f our secular days next preceding any day of inha ^^"'»' election, when a list of voters is required, at some con- or morGj to oc in session /owr vcnient place, to receive evidence of the qualifications of days to voters whose names are not on the list ; and on satisfactory eridenceof evidence produced at such session, they shall enter the qualifications names of the persons qualified on the list for the proper ,ol^^*to^' ward ; and for said purposes said aldermen shall be in 18(8, c. /3, 1 r- amending session from nine to twelve o'clock in the forenoon, and 1876, c. 107. from two to five o'clock in the afternoon on each of said No names shall . . • • i , be entered on days ; and m Cities containing less than ten thousand the list of inhabitants the aldermen shall be in open session on each and^town^^^^^ ^^ ^^^ ^^^^ ^^^^ three secular days, for the purposes having one provided in this section. In all towns, cities not included, thousand or jja^yjjjor one thousand or more registered voters, the more ^ ^ ' registered municipal officers thereof shall receive applications of voters,^ except pgygQ^g claiming a right to vote, on the three secular days on the three ^ & » ' j secular days next preceding the day of election, and no application preceding shall be received after the hour of five of the clock in the E^xceptions. afternoon on the secular day next preceding said day of R. s., 1871, c. 4, election ; and no name shall be added to the list of voters §16,1878,0.62. ^^ ^j^g ^^y ^^ election, by certificate or otherwise, except such as were upon the list of the previous year, and have • been inadvertently omitted by the selectmen ; and no ■ change shall be made in names except to correct clerical errors therein. List of voters 1 1 . In all cities having more than one thousand legal resident in voters therein, it shall be the duty of the aldermen thereof p^^d indues *^ P^^* "P ^^ ^^^^ public place in each ward, a true having more printed or written list of tlie legal voters resident in said than one ward, at least seven days previous to the day of any thousand ' ./a voters. election. No qualified elector who has removed his residence from one ward to another in any city within the sixty days next preceding any election, shall vote at such election in the ward to which he has removed, but his ELECTIONS. 159 name may be placed on the check list of the ward from which he has removed, and he may vote therein. 12. On or before the twentieth day of August in each year ^g^g ^^ y^ iu which an election for governor, senators and represen- deposited with tatives is held, the selectmen shall deposit in the office of *^og^(^°^ the town clerk, an alphabetical list of voters thus prepared r. s., i87i, c. 4, and revised, and post up a similar list in one or more §*• public places in the town. After such lists are thus prepared, deposited with the clerk, and posted up, the selectmen shall not add thereto, nor strike therefrom, the name of any person, except in open session on one of Names not to be the days prescribed by law for receiving evidence of the added or qualifications of voters ; nor shall they strike from said »*^<^'^®'^ ^^^' . '' except as list the name of any |>erson residing in the town, without provided. notice first given to him that his right to vote is ques- ^- ^•' ^^^' ^- *» tioned, and an oi)portunity for a hearing on one of such see §§39 and days. But at any regular session for receiving such ^^>po«*' . , ^, , ]^ ^ ^^ ^ , i. /. Names may be evidence, the selectmen shall place on the list of voters, added at the name of every person known by, or proved to them regular to be so qualified, whether he applies therefor or not. evidence. 13. When a person of foreign birth exhibits papers of naturalisation, issued to him in due form by a court hav- Selectmen, ing jurisdiction, to the selectmen of his town, if satisfied ^gpecting of their genuineness, and that such person is entitled to papers of vote, they shall approve such papers by a written indorse- naturalization, ment 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 present- ing 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, shall cause the inhabitants thereof, qualified by the con- 160 ELECTIONS. Mode of stitution, to be notified and warned, seven days at least warning before the second Monday of September, biennially, to meetings for - ^ ^ *^ election of meet at some suitable place, designated in said warrant, governor, &c. to give in their votes for governor, senators and repre- 1880, c. 239. sentatives, 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 o'clock Time of in the forenoon on the day of election, unless the number opening ^f yoters in such town exceeds five hundred ; if it does, meeting, and of closing an earlier and suitable time in the day may be appointed same in certain jjjy ^he selectmen. In all elections for the choice of State tOWDS. E. s., 1871 c. 4 officers and of electors of president and vice president of § 18. the United States, in towns and plantations having more closing in thsui five hundred and less than five thousand inhabitants, certain towns, if the time is not otherwise fixed by law, the polls shall be kept open until five o'clock in the afternoon and then be cjfosed. 16. At every meeting for the choice of governor. What votes senators, representatives, and other public officere requir- shaiibeonone ^^^ ^^^ j-j^^ qualifications in the electors, the selectmen R. s., 1871, c. 4' or other officer presiding shall require the electoils to give f J^' ^ ^ in their votes for the officer or officers to be chosen on one What votes on one list, 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. 17. The selectmen or other officers presiding at any Check list election shall keep and use the check list herein required require . ^^ ^^^ polls during the election of any such officers ; and prescribed; have and use suitable ballot boxes to be furnished at the Ibid. §25. expense of the town, and no vote shall be received unless One ballot box delivered by the voter in person, nor until the presiding only allowed. Qgj^jgj. qj. officers have had an opportunity to be satisfied of his identity, and shall find his name on the list and mark it and ascertain that his vote is single ; nor shall more than one ballot box be used for receiving votes at any election at any one time. Votes to be on l^- ^o ballot shall be received at any election of State white paper or town officers, unless in writing or printing upon clean marks. white paper without any distinguishing mark or figures Ibid. §29. thereon, besides the name of the person voted for, and ELECTIONS. 161 the oflBces 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 meeting held for the election of representatives to the State legislature, by reason of two when no choice or more persons havinor an equal number of votes, a choice °' representa- J , . „ , . , . , tive is effected is not effected of any or all the representatives to which meeting shall the town is entitled, the meeting shall be adjourned to the be adjourned OI16 \P66lc flnd same day of the week following, and to the same hour fj-ojn ^ggj. ^^ . and place at which the first meeting was called ; and at week, 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, requiring to be held for the election of county treasurer, of register of deeds, or of . i)X€6Liu^s lor representatives to Congress, or of electors of president choice of and vice-president of the United States, or for the deter- certain officers • J.- J- ■ , , . , , , and for mination or questions expressly submitted to the people determining by the legislature, as to calling, notifying and conducting questions, them, shall be subject to the regulations made in this chapter for the election of governor, senators, and repre- sentatives, unless otherwise provided by law. 21. In order to determme the result of any election^ u T 11 ^ .Li 1 , , , Kesultspf by ballot, the number of persons who voted at such baiiotings, election, shall first be ascertained by counting the whole ^^^ number of separate ballots given in, which shall be dis- i^ir§32.^^ tinctly stated, recorded, and returned. No person ineligible i^tt, c. 213. to the office shall be declared elected ; but votes cast for ^^^' ^' ^' such person shall be counted to determine whether any person has received the necessary number of all the votes cast. 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, and the governor « See amendment to State Constitution, Articles rn and ix, and Opinion of Justices, 70 Maine, 560. 162 ELECTIONS. Clerk to transmit returns of votes to Secretary of State. Ibid. § 33. shall issue a certificate thereof. 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 declaring 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. 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 person having such equal numbers shall be declared not elected. In all cases not otherwise provided for, if no person eligible to the office receives the requisite number of votes to elect hhn, then the governor shall order a new election ; provided, how- ever, that nothing contained in this section shall be construed to give the governor and council any authority to determine questions of eligibility in cases of senators and representatives to the legislature. 22. The clerk of each town shall deliver or cause to be delivered at the office of the secretary of State, the returns of votes given in his town, for governor, senators, repre- sentatives 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 sec- retary 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. 23. If any such return is not received by the secretary of State within thirty days next after such meeting, he ELECTIONS. 163 shall forthwith notify the county attorney of the county county in which such town is situated, who shall give immediate ^"j^J^^^j^*** ^ notice thereof to the clerk of such town, and unless he retumnot receives satisfactory evidence, that said clerk has complied received, with the requirements of the preceding section, he shall J?^.^,*^"'^' prosecute for the penalty hereinafter provided. 24. When any such original return is in any way lost loss of or destroyed, the selectmen and clerk of such town, on returns, how receiving information of such loss or destruction, shall j^^l.^^. forthwith cause a copy of the record of the meeting at which such vote was given, to be made with their certifi- cate 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. 25. The selectmen and town clerk, who were present oathtobe at the meetino; and siojned the original return, shall sign made to copy .^ . ^ . . -, of record. the certificate mentioned in the preceding . section , desig- ndd. § 36. nating their office against their names as in the original return, and make oath that said copy 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, and directed to the secretary of the State, with the nature how sealed of the contents written on the outside ; and the clerk of ^^^^ returned, 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 filled in towns knowledge that the seat of a representative thereof has "rpresente-'"'' been vacated by death, resignation, or otherwise, they Uves. shall forthwith issue their warrant, giving at least seven '^^^-S^^- days' notice, for a meeting of the electors of said town to fill such vacancy ; and at such meeting the like proceed- ings 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 lists to used at the September elections, for one year thereafter be preserved without alteration, and shall -furnish to any person an ^^^nrand^L 164 ELECTIONS. furnish certified copies. Ibid. § 26. See Ibid, and 14 §§13 Ballot boxes, how constructed and used. Votes, how received. Officers, duties of. Ibid. § 27. Penalties in certain cases. — how recovered. Ibid. § 28. Electors in cities to meet in wards. Ibid. § 39. Warden to preside. Warden pro tempore maj- be chosen. Ibid. § 40. In cities, names of representa- tives on same lists as other officers. Ibid. § 43. exact and certified copy thereof within twenty days after demand and the payment or tender of the legal charges therefor, under the penalty provided in section fifty-one of chapter four of the revised statutes. 29. The ballot boxes used at elections, shall be covered at the top with only a slide opening, and such slide shall not be opened till the name of the person offering his vote, is found and checked on the list, and then shall be shut till another voter presents himself, and his name is found and checked ; and if the presiding oflficer or oflScers do not comply with these requirements, they shall be subject to the penalties provided in section fifty-one of chapter four of the revised statutes. 30. Any penalties provided for in the two preceding sections hereof or in said chapter four of the revised statutes, iij case the treasurer refuses or neglects for ten days after written request of any voter to commence a suit therefor, may be recovered by said voter in a suit in his own name to the same uses as specified in said chapter four. 31. For all the purposes mentioned in chapter four, sections seventeen and thirty-one, of the revised statutes, the inhabitants of cities shall meet as the constitution requires, in ward meetings, to be notified and warned, as town meetings for similar purposes are. The warden shall preside ; the clerk shall make such record as the constitu- tion requires ; and the city constables shall preserve order. 32. If the warden is absent from any such meeting, or refuses or neglects to preside, a warden pro tempore shall be chosen, and during such choice the ward clerk shall 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. 33. In voting for representatives to the State legislature in the wards of a city, the names shall be on the Same ballot with the other oflScers to be chosen at the meeting by voters of like qualifications, unless the board of alder- men in their warrant notifying the meeting require a separate ballot or ballots, which they may do. ELECTIONS. 165 34. TVhen a choice of any such representative is not if no choice, effected, the aldermen shall call new meetings of the wards ^^^^^ " . meetings, for the purpose, to be held at the same time, within two ibid.§44. weeks after any former meeting ; and the like proceedings shall be had at such meetings, as at the first, until a choice is effected. 9 And when the aldermen of a city by any means have knowledge that the seat of a representative therein has been vacated by death, resignation, or other- Vacancies by wise, they shall call meetings of the ward for the purpose *^®^^^' ^"^ Oilier Wise of filling such vacancy ; and like proceedings shall be had see also ibid, at such meetings as at other meetings for the election of §§38 and 47. representatives. 35. At the annual election for the choice of mayor and aldermen in the several cities of this State, the qualified electors in each ward shall by written ballot elect a YieSs^n^^^^ warden and clerk, who shall enter on the duties of their cities, how respective offices on the Monday next following their ®^^^*®d- election, and shall hold their offices for one year there- office of from, and until others shall have been chosen and qualified ^- S-.c. 3, §26. in their places. 66. If any selectman, or other town, city, or planta- tioni*^ officer, or any such officer chosen pro tempore, wilfully neglects or refuses to perform any of the duties ^egieSto*'^ requu'ed of him, or wilfully does, authorizes, or permits perform duties to be done, any thing prohibited by the constitution or by '^^'^^^^^ ^^ by law, he shall for each offence, forfeit not less than r. s., c.#, § 5i. fifty, nor more than five hundred dollars, and be impris- oned in jail, not more than nine, nor less than three months, except where otherwise expressly provided. 37. If the aldermen of cities, selectmen of towns, or penaitvfor assessors of plantations neglect to issue their warrant as neglect of requii-ed by law for a meeting for the choice of State or ™^^^^p^i *' ^ officers to county officers, representatives to the legislature, or to issue warrants Congress, or of electors of president and vice-president for meetings of the United States, they shall each forfeit fifty dollars offi^rr^ ^' to their city, town, or plantation, to be recovered in an „ ,_ ^ * Penalty, how tction of debt by the treasurer thereof, or by any citizen recovered, thereof when said treasurer is a member of the delinquent *°*^ ^^ board '^*''''"' ""'"'^^* Ibid. § § 52,63. » Opinion of Justices, 70 Maine, supra. " State V. Small, 10 Maine, 109; Capen v. Porter, 12 Pick. 490. 166 ELECTIONS. Penalty for neglect of constable to summon voters. Penalty for wilful neglect to be recovered by indictment. Ibid. § 53. Penalty for neglect to deposit and post lists. Ibid. § 54. Penalty for neglect to keep check lists, or to reject illegal votes. Ibid. § 55. Penalties, how recoverable. Ibid. § 56. Penalty for municipal officer striking names from list without notice. Ibid. § 57. Penalty for altering, 38. If any constable or other person legally required to summon the voters of a city, town, or plantation to 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 offence, to be recovered as provided in the preceding sec- tion ; but if he wilfully neglects or refuses to do so, he shall forfeit not less than fifty, nor more than two hun- dred dollars, half to the State and half to the prosecutor, to be recovered by indictment. 39. If the selectmen of a town or assessors of a plan- tation wilfully neglect to deposit a list of the voters with the town or plantation clerk, and to post up such lists, as are 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 for- feit thirty dollars. 40. If such selectmen or assessors wilfully neglect or refuse to keep and use a check list, as provided in section twenty-five, chapter four, of the revised statutes, or wil- fully receive any vote prohibited by section twenty-nine, they shall each forfeit not less than fifty, nor more than one hundred dollars. 41. The penalties in the two preceding sections may be recovered in an action of debt, in the name and to the use of the town or plantation where the offence is com- mitted, to be commenced and prosecuted to final judg- ment at the request of ^any voter therein, by the treasurer, unless he is one of the delinquent oflficers, and in that case, by one of the constables. 42. If any municipal officer strikes from the list of voters, after it is prepared and posted, the name of any person residing in the town, without the notice and oppor- tunity for hearing provided by law, he shall forfeit not 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. 43. If any person wrongfully alters, erases, or muti- lates any name on a list of voters, or fraudulently votes ELECTIONS. 167 in the name of another, or under an assumed name, he ^^^^^S; or ' ' mutilating shall forfeit the sum named in the preceding section, half ^^"^.t^,?" t^^ to the use of the prosecutor, and half to the State, and and for voting m the name ot be imprisoned not more than six months in iail. another, ^ •' Ibid. § 5S. 44. If any selectman or other officer of a city, town, or plantation, or any such officer chosen pro tempore wil- penalty for fully neglects or refuses to perform the duties required by neglecting to sections thirty-five, thirty-six and thirty-seven of chapter return, four of the revised statutes, on notice of the loss and i^i^i- § 59. destruction of any return therein described, he shall for- feit not less than one hundred, nor more than five hun- dred dollars. 45. Any such selectman or other officer, permarient or pro temjyore, who in such case makes a false certificate Penalty for and makes oath to its truth, shall suffer the punishment ^rt/fi^te^ ^^ provided against the crime of perjury, and be disqualified iwd. §60. from holding any office under the constitution and laws of the State for ten years. 46. If a person, to whom the returns of votes of any city, town, or plantation, for governor, senators, or rep- Penalty for resentatives in Congress, are entrusted by the clerk "^?J^?l^.l thereof to be forwarded to the office of the secretary of whom returns State, wilfully neglects to use all proper means for their are entrusted delivery within the time required, he shall forfeit not less them. than one hundred, nor more than five hundred dollars, or iwd. §6i. be imprisoned in jail not less than two, nor more than six months. 47. Every county attorney, who receives from the sec- retary of state a certificate that the return of the votes of any County town, city, or plantation in his county, for governor, sen- pTOsmuefor ators, or representatives in congress, has not been duly wilful received at the secretary's office, shall immediately ascer- ^^^iigence in •^ ' '^ delivering tain, so far as he can, by the default of what officer or returns, person such neglect happened, and demand of him, if he ^^^^- § ^•• finds such default wilful, or caused by culpable negligence, the sum thereby forfeited ; and if it is not immediately paid, he shall prosecute such delinquent according to law. 48. In no case,ii except as in sections fifty-two and fifty- three, chapter four of Revised Statutes, ^hall any officer " state V. Small, 10 Maine, 109, stipra; Harlow v. Young, 37 Maine, 88. 10 168 ELECTIONS. Liability of of a citj^ towii or plantation, incur any punishment or town officers limited penalty, or be liable in damages, by reason of his official But neglect to acts or neglects, unless they are unreasonable, corrupt, or ^ umTrimie s '^ilf^^lly oppressive ; but the neglect to prepare the list of contrary is voters ; to deposit it in the town clerk's office ; to post it shown. up jjg required herein ; to call town, city, or plantation Ibid. §63. .... \ . r ^ meetings for elections ; to cause returns of votes, or copies thereof, to be delivered into the office of the secretary of state, as required by the constitution and laws ; or to make the records by law required, shall be deemed wiflul and unreasonable, unless the contrary is shown. 49. At any meeting for the election of any public offi- cer, ^^ where a list of voters is necessary, if any person for misconduct willfully votes before the presiding officer has had an op- of voters. portunitv to find his name on said list, or knowing that it Ibid. §64. : ^ .^ .1,^ n • ^1 4. X IS not on it, or willfully gives any false answer or state- ment to the selectmen or other officers when previously preparing such list, or presiding at such meeting, in order that his name may be entered on such list, or his vote received ; or casts more than one vote at one balloting ; or is disorderly at such meeting, he shall forfeit, for each offence, not exceeding one hundred, nor less than ten mmtil officers dollars. If any officer of the militia parades his men, or for parades on exercises any military command on a day of election of a ibid^Tes- ^^^ public officer, as described in section one hundred and two, of chapter ten of the revised statutes and not thereby excepted, or except in time of war or public danger, he shall, for each offence, forfeit not less than ten, nor more Penalty. than three hundred dollars. The penalties in* this sec- ibid.§66. ^^^^^ j^^y 1^^ recovered by indictment, half to the use of the State, and half to the use of the prosecutor. Punishment 50. If any person by bribery, menace or willful false- fndcolSion •^^^^' ^^ ^^^^^ Corrupt means, directly or indirectly at elections, attempts to influence any voter of this state in giving his ™8i ^ ^42^""'^ ^^^^^ ^^ ballot, or to induce him to withhold it, or disturbs or hinders him in the free exercise of his right of suffrage 12 Fraudulent voting, &c. State v. Bailey, 21 Maine, 62 ; State v. Boying- ton, 56 Maine, $12; Commonwealth v. Bradford, 9 Met. 269; Commonwealth V. Silsby, 9 Mass. 417. ELECTIONS. 169. at any election held under the provisions of the constitu- tion or of this chapter, or if any person shall receive or offer to receive a bribe for his vote as aforesaid, he shall be fined not more than five hundred dollars, or impris- oned not more than one year, and be ineligible to any oflSce in this state for ten years. 51. If a person, at an election of state and county, or punishment municipal officers, or of electors of president and vice- f or intention- ally voting president, knowingly votes in any city, town, or planta- where not tion where he has no legal right to vote, he shall be entitled. punished by imprisonment in the county jail not less than ^- ^•' ^- *' § ^^• three months, nor more than one year. 52. No personi^ shall make any bet or wager upon the result of any election of persons to be voted for in this g^ecJ^on" state for any office or place, in money or in any kind of prohibited property, real or personal, under penalty of forfeiting the j^id Ho^^^^ money or property so bet or wagered, to the city, town or plantation in which he resides, or if he does not reside in this State, then to the city, town or plantation in which the bet or wager is made, to be recovered in an action on the case. 53. The mavor of the city, or the treasurer of the town '' Mayor or or plantation entitled to such forfeiture, shall forthwith treasurer to > proceed to sue for, and recover it as soon as they have s^e for proper evidence of such betting or wagering. j^ijj, § 70, 54. Any partv to such bet or waojer, who has paid over . . o 7 i Money paid om or conveved to the winning party the money or property wager to be ^ ^ - J .^ •. 1 • recovered by. SO bet or wagered, may recover it, or its value, in an action on Oie: ,, case. action on the case. ibid. § 71. 55. All conveyances, by deed or otherwise, of any in- conveyances terest in real estate, made by reason of any such bet or by reason of wager, are absolutely void ; the person making them, ^^|*^ ^ shall forfeit the full value of the interest so conveyed to value forfeited*, the city, town or plantation entitled to the forfeiture for ^ ^^^^ ^^ such betting or wagering, to be recovered as aforesaid. \yj\, § 72, 56. The several islands within the city of Portland, see also §31, shall 80 far constitute two separate wards as to entitle the of this chapter, legal voters of each of said wards to choose a warden, • ward clerk and one constable, who shall be residents on " Wormell r. Eustis, 45 Maine, 357; Gihnore r. Woodcock, 69 Maine, 118; and 70 Maine, 494. .170 ELECTIONS. Islands of city of Portland to constitute two wards, as to election of certain officers. What islands constitute the diflferent wards. 1879, cv 97. ; See also R. S., 1871, c. 4, § § 39 .and 41.' Proceedings. Ibid, § 42. See also § 31, of ..this chapter. "Mode of determining officers elected. 1880, c. 230, amending R. S., 1871, c. 78, § 5. How notified. How to ascertain highest number of votes. To what ^ officers applicable. Attested copy of return. said islands and of their respective wards. The first of said wards shall comprise Long Island, Crotch Island, Hope Island, Jewell's Island and Little Chebeague Island, or such parts of said islands as are within the city of Port- land, and the ward meetings of said first ward shall be holden on Long Island. The second of said wards shall comprise the remaining islands within the city of Portland, and the ward meetings of said second ward shall be holden on Peak's Island. The qualified electors of each of said wards may meet as provided in the thirty-ninth section of the fourth chapter of the Revised Statutes, and also for the choice of city tyfScers, at the place designated, and may, on the day of election vote, for all officers named in the warrant calling the meeting. The warden thereof shall preside impartially at such meetings, receive the votes of all the qualified electors present, sort, count and declare them 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 per- son against his name, and the oflflcers respectively, and in open ward meeting, and in the presence of the warden, shall make a fair record thereof. A fair copy of this list shall be attested by the warden and clerk, sealed up in open meeting, and delivered to the clerk of ward number one in said Portland, within eighteen hours after closing the polls ; and the votes thus thrown, shall be deemed as thrown in and belonging to the last mentioned ward. 57. The governor and council, on or before the first day of December in each year, shall open and compare the votes returned, and have the same tabulated, and may receive testimony on oath, to prove that the return from any town does not agree with the record of the vote of such town in the number of votes, or the names of the persons voted for, and to prove which of them is correct ; and the return, when found to be erroneous, may be cor- rected by the record. No such correction can be made without application within twenty days after the returns are opened and tabulated, stating the error alleged, and reasonable notice thereof given to the person to be affected by such correction, and during said twenty days any person voted for, either personally, by or with coun- ELECTIONS. 171 sel, shall have the privilege of examining said returns in the presence of the governor and council, or either of them, or any member of the council. The persons having the highest number of votes, not exceeding the number to be chosen, shall be declared elected ; and shall be notified thereof by the secretary of state, be sworn, and enter up- on the discharge of official duties on the first day of Jan- uary thereafter. If a number of persons, exceeding the number to be chosen, receive an equal number of votes, no one is elected. But, in order to ascertain what per- sons have received the highest number of votes, the gov- ernor and council shall count and declare for any person all votes intentionally cast for such person, although his name upon the ballot is misspelled or written with only the initial or initials of the christian name or names ; and they may hear testimony upon oath, in relation to such votes, in order to get at the intention of the electors and decide accordingly. The provisions of this section shall be applied in determining the election of all county offi^ cers, and the provisions of said section five, so far as they relate to the examination and correction of returns, and to ascertaining for whom votes were intentionally cast, shall be applied in determining the election of representa- tives to congress, senators and representatives to the state legislature, and electors of president and vice-president of the United States. In all cases when a return is de- fective by reason of any informality, a duly attested copy of the record may be substituted therefor. Ordinances. 1. The form of warrants for calling meetings of^^^^^^^^^ the citizens of the several wards, shall be as follows, ward . ^ meetings. ^^ • To conform to act of 1878, STATE OF MAINE. c.73. City of Portland, ss. To one of the constables of the said city of Portland, Greeting : In the name of the State of Maine, 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 the Ward Room in said ward, on the first Mon- 172 ELECTIONS. day of March next, being the ■ — day 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 the , in City Building, from nine to twelve o'clock in the forenoon, and from two to five o'clock in the after- noon on each of the four secular days next preceding such day of election, 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 Port- land, this day of , in the year of our Lord, one thousand eight hundred . Mayor. ) Aldermen of 3 the city of Portland. 2. All warrants for calling meetings of the citizens of the several wards which shall be issued by the by constables Biayor and aldermen, shall be served by any consta- ^and returned. \y\Q (jf ^Y^q ^[ly^ ^J^^ gj^^^]^ ^^^^ J^jg rctum 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 speci- fied. 3. The form of warrants for callinor meetino^s of Form Of ^^^ inhabitants of the said city of Portland, shall be warrant for aS foUoWS, tO wit : general ^^meetings. STATE OF MAINE. [l. s.] , City of Portland, ss. To one of the constables of the city of Portland, Greeting : Upon the requisition of sixty qualified voters of said >. city, you are hereby required, in the name of the State of ELECTIONS. 173 Maine, to warn and notify the inhabitants of said city of Portland qualified to vote in city affairs, to meet at 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 Port- land, this day of , in the year of our Lord . Mayor. I Aldei-men of 3 the city of Portland. 4. All warrants which shall be issued by the mayor To be served and aldermen, for calling meetings of the inhabitants and returned, of the city, shall be served by any constable of the ^^i^. city', and 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 '^^^J^ ^^^^^ to fix the time when the poll shall close, as well as J^o^i^g^^^i^e the time for opening thereof, in the election of all Ji^yo^Jnd^ officers except ward officers, and insert the same in fnSTi'n'^'^ any warrant and notification to the inhabitants, of liid.^'^"^'^" * such election. See City Chartee, sections, 8, 11, 12, 13, 14, 15. Evergreen Cemetery, [see cemeteries.] Ferries. Statutes. 1. County commissioners ; license ferries, establish tolls, take bond. Property to be appraised on removal of ferryman. 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 on 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. Portland and Cape Elizabeth ferry company. May hold real and personal property. 14. May establish ferry. Proviso. 15. Toll. • 16. Time of running boats. Forfeiture. Liabilities. 17. Capital stock. removal of ferryman. They may ^ FERRIES. 175 1. County commissioners may license persons to keep county ferries at such places and for such times, as are necessary, may iicense^^^ except where they are otherwise legally established ; may esSfsh toils, establish tolls for the passage of persons and property ; r^|.®^ istiJc. revoke such licenses at pleasure ; and shall take from the 42 Maine, 9. person licensed, a bond to the treasurer of State, with sureties, for the faithful performance of his duties. Whenever said commissioners remove a ferryman, they „ •^ *' Property to be shall appraise the boat and other personal property used appraised on in runniug the ferry, at its fair value, and the person ap- pointed shall purchase the same at said appraisal, if the person removed assents thereto. 2. They may establish ferries at such times and places as are necessary, and fix their tolls. When no person is estkbUsh found to keep them therefor, the towns in which they are *^"^®s ^ ^^® supported by established, are to provide a person to be licensed to keep towns; them, and are to pay the expenses, beyond the amount of penalty for tolls received, for maintaining them. When established i^id, § 2. 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 penalty for safe boat, or boats, for use on the waters to be passed, neglect to and give prompt attendance for passage, according to the boat! an^d for regulations established for the ferry. For neglecting to neglect of keep such boat, he forfeits twenty dollars, and for neglect attendance. 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 negligence or default of a ferryman, may commence a ^^^^i^^Qf^ suit on his bond, in which the proceedings are to be simi- ferryman may lar to those in actions on the bonds of sheriffs. ^"® ^^°^- 5. When a ferry is established by the legislature to be „ ' •^ .70 Ferrjnot passed by a steam or horse boat, no other ferry can be within one" established on the same river within one mile above or ^^^^ ^^ s*®^™ 11 ., or horse ferry, ^elo^ It- Ibid. § 5. 6. A person, who keeps a ferry contrary to the provis- ions of sections one and two, or without authority trans- 176 FERRIES. Penalty for keeping a feiTy or con- veying passen- gers or l)ropeity contrary to law. Ibid. § 6. Ice to be leveled and way kept in repair in winter. Ibid. § 7. Penalty for neglect and liability for injury. Ibid. § 8. Licensed ferry- men not to use horse boats or steam boats. Ibid. § 9. At horse and steam ferries other boats used in times of danger. Ibid. § 10. Obstructions to ferries pro- hibited ; penalty. Ibid. § 11. ports passengers or property across any licensed or established ferry for hire, forfeits four dollars for each day 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.^ 7 When tidal waters, over which ferries are established, become so frozen that travelers may pass on the ice, the keepers of them are to level the ice and clear and repair the passage way from day to day, so that the same may at all times be safe and convenient for travelers with teams, sleds, and sleighs. Such way for passage may be made from a public landing suflSciently 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 per- son 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. 8. The ferryman, or person so contracting, forfeits ten dollars for each day's neglect to perform such duty, and is liable in an action on the case, to pay damages to any person injured thereby. 9. A licensed ferryman, who uses at his ferry a boat propelled by steam or horse power, forfeits his license, and is liable to pay the damages occasioned thereby to any person or corporation. 10. Persons required to use, at a ferry, steam or horse boats, when the passage by them is dangerous, may use other safe boats. 11. Any person, who places a wier or other obstacle, or without necessity, anchors or places a raft, vessel, or water craft, so as to obstruct the ordinary passage way of 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 obstruc- tion was inadvertently made, and removed within thirty 1 Ferries derive their power from their charters. Power discussed, Day V. Stetson, 8 Maine, 365; State v. Wilson, 42 Maine, 9. FERRIES. 177 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 may sink piers above and below and near their ferry ways, ^^^ ^^ ^^^^ on each side of the river, not more than twelve feet in ferries, length or breadth, and not so sunk as to iujure any wharf ^i^. § 12. or landing, where vessels had previously taken or discharged freights. 13. Jokn B. Curtis, Benjamin Willard and James I. Cape Elizabeth Libby, their associates, successors and assigns are hereby ^^.^ to mcorpo- created a corporation by the name of the Portland and rate. Cape Elizabeth Ferry Company, with power to prosecute ^^^2^ 104^ and defend suits, to make by laws and regulations for the Powers of Co. management of its affairs not repugnant to the laws of the g^^j gg^^^g aJJ^^ State, to lease or purchase and hold such real and per- personal sonal estate as may be necessary to effect the object of P'^^p®"^- the corporation, and use and enjoy all the powers, rights and immunities incident to such corporations. 14. Said corporation is hereby authorized to set up, establish and maintain a ferry across Fore river between May establish Ferry village in Cape Elizabeth, and Portland, at such » ferry, place as said corporation may select, provided the same shall be set up and established to start from, and land at such places, buildings or wharfs as said corporation may purchase or lease for the purposes with the rights to main- tain, keep and run, suitable boat or boats for the safe and convenient transportation of passengers and freight. ^ 15-. A toll is hereby granted and established for the benefit of • said corporation as follows : for each foot pas- senger five cents, and for each hundred pounds of freight, or less, four cents ; provided however, the rate of toll rp^y may at any time be modified by the legislature. 16. The time for running said boat or boats shall be from six o'clock in the forenoon to eight o'clock in the « state V. Wilson, 42 Me. 9. » Public highway to be constructed in Portland into tide waters. Ferry way. Private Laws 1873, c. 375. See Streets, § 15, post. 178 FERRIES. Ibid. § 4. Time of running boats. Forfeiture in case of neglect. Liable for loss or damage. Ibid. § 5. Capital stock. § § 6 and 7 of this charter are merely as to first meet- ing and approval. afternoon, from the first day of April to the first day of October ; and from six and a half o'clock in the forenoon to seven o'clock in the afternoon from the first day of October to the first day of April, in each year. And if said corporation shall neglect to furnish suitable and proper attendance, and suitable, safe and proper boat or boats at any time within the hours prescribed for running the same for the transportation of passengers or freight as authorized by this act, said corporation shall forfeit and pay for each case of such neglect the sum of ten dollars, to be recovered in an action of the case by the person aggrieved thereby in any court of competent jurisdiction ; said corporation shall also be liable in a like action to the party injured, for loss and damage occasioned by the neg- lect or want of proper care on the part of said corpora- tion, its agents or servants. 17. The capital stock of said corporation shall be ten thousand dollars, divided into such number of shares as the corporation shall determine, with power to increase the capital from time to time by vote of two-thirds of the stockholders at a meeting held for that purpose, to twenty- five thousand dollars. Finance.' CONSTITUTIONAL AMENDMENT. 1. Power to create municipal debt. Statutes. 1. Power of Portland to create debt. 2. Not to apply to fund in trust, &c. 3. Jurisdiction of S. J. C. 4. Anthorized to purchase real and personal estate not exceed- ing tw.o hundred thousand dollars. 5. School money, how paid. 6. For what purposes money may be raised by towns. 7. Town histories. 8. Doings made valid in certain cases. 9. Contracts made valid. 10. Unauthorized contracts may be made valid. Ordinances. 1. Committee 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. Registered bonds. 9- Forms and regulations. 10. Denomination, five hundred dollars^ 11- Loans. 12. Blanks and books. 13. Transfer. 1^- Disposal. 15. Bonds seld for paying P. & O. assessment. CONSTITUTIONAL AMENDMENT. No city or town shall hereafter create any debt or liability, which, singly, or in the aggregate with previous 1 see titles " Sinking Fund," " Railroad." 180 FINANCE. Power to create debts or liabilities, shall exceed five per centum of the <^®^*' last regular valuation of said city or town ; provided, Amendment to however; that the adoption of this article shall not be Constitution, ' ^ . ., 1877, Feb. 9. construcd as applying to any fund received in trust by said city or town, nor to any loan for the purpose of renewing existing loans or for war or to temporary loans to be paid out of money raised by taxation during the year in which they are made. Statutes. Power of city 1- Neither the inhabitants of the city of Portland, nor of Portland to ^he city couucil, nor any officer or officers thereof, shall Suited to five hereafter create any debt or debts, liability or liabilities, percent.of her on behalf of Said city, which shall singly or in the aggre- vaiuation. ^^^^ ^^^^ other debts and liabilities hereafter or heretofore created in behalf of said city, exceed five per cent, of the valuation of said city for the year in which it is proposed to creat said debt or liability, nor shall create such debt or liability so long as the aggregate debts and liabilities of said city exceed five per cent, as aforesaid, nor shall issue any notes, bonds, or any certificates or evidences of in- debtedness, for any such debt or liability ; nor shall the Private Laws credit of said citv be directly or indirectly loaned in any 1877, c. 345. -^ . -^ , - -^^ _ . "^ case, and no existing statute, whether public or private, shall be construed as vesting any authority to loan such credit, nor to create such debt or liability, or issue such Act went into boud, note, or other evidence of indebtedness, nor shall eflfectMarcii any statute, public or private, hereafter passed, be con- ' "' strued as vesting such authority, unless express reference is made therein to the provision of this act. Not to apply to ^' This act shall not apply to any fund which said fund in trust, city may receive in trust, nor to any loan for municipal porary loan pu^poses, for payment of which, provision is made by for municipal assessment of the amount in the municipal tax during the purpose. municipal year in which the same is incurred, nor to any loan issued for the purpose of renewing or paying the principal of existing loans or liabilities. 3. The supreme judicial court shall have jurisdiction s. J.court! in equity to prevent violation of this act, on application Ibid. § 3. Qf any one or more taxable inhabitants of said city. Ibid. § 2. Jurisdiction of FINANCE. 181 4. The city council of the city of Portland shall have City council the power to purchase and take, in the name of the city, ^^^^^^^^1 real and personal property for municipal purposes, to an ami personal amount not exceeding two hundred thousand dollars in estate, not addition to that now held by the city. $200,000. ♦ 5. All moneys appropriated for the use and support Act 1875, c. 21. of public schools in the city of Portland, shall be paid bv the treasurer of the city, upon the account being: ^^^^^^ money, 1 , ., , . how paid, approved by the mayor and committee of accounts for the city of Portland. The provisions of chapter one hundred and ninety-six of public laws of eighteen Private Laws, hundred and seventy-seven, shall not apply to the city ^^^' ^' ^^^* of Portland. 6. The qualified voters^ of a town, at a legal town- For what pur- meeting, may raise such sums, as are necessary for the p^^^^ money maintenance and support of schools and the poor ; for by towns^^^^ making and repairing highways, and town ways and R- s., i87i, c. 3. bridges ; for purchasing and fencing burying grounds ; for purchasing or building and keeping in repair a hearse and house therefor, for the exclusive use of its citizens ; and for other necessary town charges. 7. Cities and towns may raise money for the purpose Towns may of procuring the writing and publication of their histo- Pf<^^^ *<*^^- . * ^ 01 histories. nes, and a sum not exceeding five thousand dollars in one ibid. §36. town for the purpose of erecting a suitable monument in buiw soicUers' memory of the soldiers who sacrified their lives in defence monuments, . for not more of their country m the recent war. tban $5,000. 8. The past acts and doings of cities, towns and plan- tations, in offering, paying and contracting to pay, and in raising and providing means to pay expenses, for recruiting for their several quotas, commutations to drafted men, bounties to or for volunteers, drafted men or substitutes of drafted men or enrolled men, mustered i>oings of cities and towns into or enlisted for the military or naval service of the made valid. United States, are made valid, provided such acts and ibid. 37. doings have been, at meetings legally called and held in « BaileyvlUe v. Lowell, 20 Maine, 178 ; Frankfort r.Winterport, 54 Maiiie,250 ; Opinion of Justices, 52 Maine, 595; Friend r. Gilbert, 108 Mass. 408; Minot r. W. Roxburj', 112 Mass., 1; Coolidge v. Brookline, 114 Mass. 592; as to power to aid in cx)nstruction of railroads, see Title Railroads, and R. S. 1871,0. 51, §§80, 81,82. 182 FINANCE. Contracts made valid. Ibid. § 38. Unauthorized contracts by • municipal officers may be made valid. Ibid. § 39. Committee on accounts to be appointed. Duty. Revised Ord. '68,as amended by subsequent ordinancesand city charter. City treasurer's duties. Ibid. pursuance of warrauts therefor ; setting forth the pur- pose upon which such acts and doings were based. And all taxes assessed, contracts made and notes and orders given by municipal officers in pursuance of votes passed at such meetings, are also made valid. 9. All contracts made in pursuance of votes passed jIt such meetings, by such municipal officers, or their duly authorized agents, with any volunteer, drafted man, or substitute, or with third persons, corporations or associ- ations for the purpose of providing means to pay commutations, bounties to volunteers, drafted men or substitutes are made valid. 10. All contracts heretofore made by such municipal officers, or by third persons, in behalf of any city, town or plantation, but without previous authority therefor, to pay commutations, bounties to or for volunteers, drafted men or substitutes, actually in or enlisted for the military or naval service of the United States, may be ratified and made valid by any city, town or plantation at legal meet- ings thereof, called and notified as named in section thirty-seven, chapter three, of the Revised Statutes. Ordinances. 1. There shall be appointed annually, by the city council, a joint committee on accounts, to consist of one on the part of the board of mayor and aldermen, and two on the part of the common council, whose duty it shall be to carefully examine all claims and accounts against the city, vy^lien certified by the auditor. 2. It shall be the duty of the city treasurer and collector to collect and receive all rents which may be due 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 which he is unable to obtain a settlement of an account, he shall report the same to FINANCE. • 183 the major and aldermen, and follow such directi^s as they may deem it for the interest of the city to prescri])e. 3. It shall be the duty of the committee on accounts committee on to audit the accounts of the city treasurer, and of tiie ammSe*** auditor, at the close of each financial year, and as accounts of much oftener as they may deem expedient ; and for and auditor, this purpose they shall have access to all books and ii>id. vouchers in their 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 and aldermen, for the faithful performance of ^^^^' the duties 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 -accounts to year shall begin on the first day of April, and end on .^^ the last 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 finance to be aldermen, on the part of the board of mayor atid n 111 ... i^i j j j ■> and apparatus, prescribe rules and regulations for the care and manage- R. s., 1871, c. ment thereof, for the employment and compensation of _for men, not exceeding sixty to each engine, whether engine employment men or other persons, for the appointment of officers to — for govern them when on duty and take charge of such appointment apparatus, and may prescribe their style, rank, powers of officers. and duties. 3. The engineers, or other oflScers chosen by any town Officers so under the provisions of any ordinance or by-law, shall exercise in addition to the powers thereby conferred, all chosen have powers of fire wards. the powers and duties of fire wards as prescribed in Ibid. §2. chapter twenty-six R. S., of 1871, unless restricted by the ordinance or by-law under which they are chosen ; and forTcts^of.^ ^^^^ towns shall be responsible for the ucts of their said- officers, as they are for the acts or orders of fire wards in similar cases ; and such firemen and enginemen, so employed, shall have all the powers and privileges, and Powers ^® subject to all the duties and liabilities of engine men, privileges and as prescribed in said chapter twenty-six of the Revised duties of men oj. x j. fio employed. Statutes. FIRE DEPARTMENT. 189 4. Such engine men shall be excused from serving as Engine men jurors in any court, unless their towns otherwise decide ; excused from •' . •' serving as continue in office during the pleasure of the municipal jurors. officers ; meet annually to elect such officers as are deemed ^^<^- § ^• necessary to give efficiency to their operations ; establish such rules and fegulations, respecting their duty, as are approved by said municipal oifficers and not repugnant to the laws of the State, and affix penalties to be recovered by their clerk not exceeding six dollars for any one offence. 5. Companies of engine men shall meet once every Duties of month, and oftener if necessary, for the purpose of engine .. , -,. . ,, 1 companies. exammmg the state of their engmes and the appendages ibid. §4. thereof ; and by night or by day, without delay, under the direction of the fire wards of the town, they shall use their best endeavors to extinguish any fire therein, or in the immediate vicinity thereof, that comes to their knowledge. 6. When any engine man or any member of a company Discharge of ororanized under special laws is negliojent in the discharsje negligent , , . , . . ! . . .,..!«. engine men, of his duties, m the opinion of the municipal orncei-s; on and selection proof thereof they shall discharge him from the company, of engine men and appoint some other person in his stead, and they may duties at fires, select from the engine men any number for each engine ibid. § 5. in said town, who shall, under the direction of the fire wards, attend fires therein with axes, fire hooks, fire sails and ladders, and perform such further duty as said officers from time to time prescribe. ^ 7. Each town, at its annual meeting, may elect as many Election of fire fire wards as are deemed necessary ; and each person so ^^^.^ * chosen shall be notified in three days, and shall enter his Penalty for not acceptance or refusal of the office, with the town clerk, ?Jft^!*"^' *■ iDld. 9 b. within three days, after such notice, on penalty of ten dollars, unless exaused by the town ; and if excused the town shall elect another in his place. 8. When a fire breaks out in any town, the fire wards shall Duty of fire immediately attend at the place with their badges of wards and •^ , , ,. otherofficers office ; and when there, any three of them may direct any j^j f^^^ building to be pulled down or demolished, that they ibid. § 7. 1 As to obstructions caused on street by firemen, see Davis v. Winslow, 51 Maine, 264. 190 FIRE DEPARTMENT. Power of fire wards at fires. Penalty for refusing to obey. Ibid. § 8. I officers appointed under specia, laws, may demolish buildings, when. Ibid. § 9. Compensation for building demolished. Ibid. § 10, 1871, c. 207. Recovery, by action on the case. Plundering at fires declared larceny. judge necessary to prevent the spread of the fire ; but in their absence the major part of the municipal or any two civil or military officers present, shall, in the order they are named, have the same power. ^ 9. During the continuance of any fire, said fire wards or other oflBcers may require assistance in extinguishing the fire and removing merchandise and furniture ; appoint guards to secure the same, and aid in pulling down or demolishing buildings and suppressing disorder and tumult ; and generally direct all operations to prevent further destruction or damage ; and any person refusing to obey their orders shall forfeit the sum of ten dollars. 10. The chief engineer, engineers, fire wards, and other officers appointed for particular, localities under the pro- visions of special laws, shall have the same power as to pulling down or demolishing any building to* prevent the spreading of fires, and as to other things affecting the extinguishment thereof, as fii-e wards now have by law ; and the town to which they belong shall be liable to pay such compensation for damages consequent upon their 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. 11. If the pulling dowm or demolishing any building, except that in which the fire originated, is the means of stopping the fLre, 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 town, to be recovered in a special action on the case.^ 12. If any person steals, carries away, or conceals any property not his own, at a fire, or exposed by reason thereof, and does not give notice of it to the owner or one 2 Power of one of municipal officers to direct building to be pulled down. Frankfort t\ County Commissioners, 40 Maine, 389. ^'^^lole question fully discussed by Judge Clifford in Bowditch v. Boston, Circuit Court, U. S. printed in full in Boston Daily Advertiser, September 4, 1876. j 3 Under a similar statute in Massachusetts it is held that a city is not liable for a personal injury resulting from the negligence of officers and members of the fire department in performing their duties. Fisher v. Boston, 104 Mass. 87. FIRJl DEPARTMENT. 191 of the fire wards, he shall be deemed guilty of larceny R. S.,i87i,c. and punished accordingly. ' ^ ' 13. No person shall occupy any tenement, in any maritime p^^^^jj ^^^ town for the business of a sail maker, rigarer, or keeper occupying ' ^*^ ' ^ tenement for of a livery stable, except where the municipal officers sail maker, •' * '■ rigger or direct ; and any person who offends against this section, Uverj- stable, •^ ^ '^ ' except as shall forfeit ten dollars a month during the contmuance municipal officers direct. of such occupancy, with costs. ibid. § 16. 14. When a chimney, stove, stove pipe, oven, furnace, boiler, or appurtenances thereto are defective, out of officers to repair, or so placed in any building as to endanger it or direct any other building by communicating fire thereto, the chimneys to municipal oflScers on complaint of any fire ward, or other be removed or citizen, being satisfied by examination or other proof that ^^g^ ' such complaint is well founded, shall give written notice to penalty, theowneroroccupierof such building, and if he unnecessa- '^ '' rily neglects for three days to remove or repair the same effectually, he shall forfeit not less than ten, nor more than one hundred dollars. 15. No person shall enter any mill, factory, machine shop, ship yard, covered bridge, stable or other building, having with him a lighted pJ^e or cigar, or shall light or smoke any pipe or cigar therein, under a penalty of five ^.^"^^f^ '^^ dollars, if a notice in plain, legible characters is kept up smoking pipe in a conspicuous position over or near each principal or cigar in entrance to such building or place, that no smoking is j^id. §i8. allowed therein ; and if any person defaces, removes, or destroy es any such notice, he shall forfeit ten dollars. 16. If any person kindles a fire by the use of fire arms in hunting or fishing, or by any other means, on ^ndiing^fire land not his own, without consent of the owner, he shall on land with- f orf eit ten dollars ; and if such fire spreads and does any ^^^ er° 4°' ^ damage to the property of others, he shall forfeit a sum ibid. § 19. not less 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. 17. If any person with intent to injure another, kindles or causes to be kindled a fire on his own or another's land and thereby the property of any other person is 192 FIRE DEPARTMENT. Penalty for kindling fire with intent to injure another, &c. Ibid. § 20. Lawful fires to be kindled at suitable time, &c. Ibid. § 21. Municipal officers tomake regulations respecting gittipowder, explosive oils and substances. R. S., 1871, c.26, §24. See also R. S., c. 17, § 8. R. S., 1871, c. 39, §3l;1877,c.219. Penalty. Persons injured by explosion may recover dam- ages. R. S., 1871, c. 26, §25. Power of mu- nicipal officer to search for gunpowder. Ibid. § 26. Regulations not be in force until pub- lished. injured or destroyed, he shall be punished by a fine of not less 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. 18. Whoever for a lawful purpose kindles a fire on his own land, shall do so at a suitable time and in a careful and prudent manner ; and shall be liable, in an action on the case, to any person injured by his failure to comply with this provision. 19. In every town,"* the municipal officers may make reg- ulations, in conformity to which shall be kept in the town or transported from place to place all gunpowder, petroleum, coal oils, burning fiuids, naphtha, benzine and all explosive and illuminating substances which such officers shall adjudge dangerous to the lives or safety of citizens ; and no person shall keep any of said articles in any other quantity or manner than is prescribed in such regulations, under a penalty of not less than twenty nor more than one hundred dollars for each offence ; and all such articles may be, seized by any of said officers as forfeited ; and within twenty days after such seizure, be libelled according to law.^ 20. A person injured by the explosion of such articles in possession of any person contrary to the regulations established as aforesaid may have an action for damages against such possessor, or against the owner thereof, if conusant of such neglect. 21. Any municipal officer, with a lawful search warrant, may enter any building or other place in his town to search for such articles supposed to be concealed there contrary to law. 22. The rules and regulations, established in any town according to the twenty-fourth section of chapter 26, R. S., shall not be in force till they have been published three weeks successively in a newspaper in the county, or * See R. S., 1871, c. 26, § 23. Burden on plaintiff to show neglect. The fol- lowing cases discuss the whole question embraced in above sections : Baehelder v. Heagan, 18 Maine,32; Hewey v. Nourse, 54 Maine, 256; Stur- gis V. Robbins, 62 Maine, 289. 6 See title " Gunpowder." FIRE DEPARTMENT. 193 by posting up attested copies of them in three public see Gunpow- places in such town. The penalties provided for in this ^^^' "®^* chapter may be recovered by complaint, indictment, or njid.YiT. action of debt in any court of competent jurisdiction, one-half to the use of the town where the offence is com- recovered and mitted , and other half to the use of the person prosecuting appropriated. . , - Ibid. § 28. therefor. 23.' The municipal officers may require the owner or innkeepers to keeper of any public house, where travellers are lodged, provide means to provide suitable and sufficient ladders and fire escapes o^ escape from ^ * fires, when from the different stories of such house, easily accessible required. to each lodgrer in case of fire. ^* S-.i8"i,c.27, ^ §6. 24. If such officers give notice to any such owner, or ^ -^ Time allowed, keeper, to provide such ladders and fire escapes, sixty njid. § 7. days shall be allowed to provide the same ; and any pg^^j^^ f^^ owner or keeper who neglects to comply with such requu*e- neglect, ment within sixty days after notice from such officers, shall forfeit not less than fifty nor more than three hun- dred dollars fdr each month he so neglects, to be recovered in the name and to the use of such town, in an action of debt. 25. Whoever sells, offers for sale, or gives away any penalty for crackers, squibs, rockets, or other fire works, or fires or selling, giving throws the same in any town, without the license of the fireworks municipal officers thereof, shall be punished by fine not without exceeding ten dollars, to the use of such town. r^T.°1871 c. 26. A town, at its annual meeting, may prohibit the 128, §2. burning of bricks, or the erecting of brick kilns within ^^^^^j^ bricks such parts thereof as they deem for the safety of the in parts of a citizens or their property. And if any person, by himself townproWb- 4.U -1^1 u-x,-^- ^1 ' • ^ ^ itedbyvote; or others, violates such prohibition, the municipal oincers nuisances. shall cause said bricks or brick kiln to be forthwith RS., I87i,c.i7, 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, in chapter 17, R. S., 1871. 194 FIRE DEPARTMENT. Watei' not to be taken fi-om reservoirs. Rev. Ord. 1868. Ibid. Bonfires, &c. not to be made. Rev. Ord. Penalty. Ibid. Penalty for carrying fire, except, &c. Ibid. Penalty for discharging firearms. • Proviso. Ibid. Ordinances. GENERAL PROVISIONS. 1. If any person shall take any water froni any reservoir or well where there is no pump, belonging to the city, for any purpose whatever, except for the extinguishment of fires or the use of the fire depart- ment, without first having obtained permission in wanting from the mayor, he shall pay for each offense not less than five nor more than twenty dollars. No person, when authorized by the mayor and aldermen to encumber any street with materials for building, 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 persop or persons making such obstructions. 2. If any person shall make any bonfire, or other fire in any of the streets, squares, commons, lanes, or alleys, or on any wharf within the city, without the license of the mayor and aldermen, he shall be pun- ished by a fine not exceeding twenty dollars. 3. No person shall ca^ry fire from any house or place to any other house or place in the city, except in some covered pan or vessel, so as to secure the fire from wind 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, fowl- ing piece, or fire arms within the limits of the city of Portland under a penalty for every such offense of not less than one nor more than twenty dollars ; provided , however, that this section shall not apply to the use of such weapons at any military exercise or review, • FIRE DEPARTMENT. 195 or in the lawful defense of the person, family, or property of any citizen. 5. No person shall erect, make, or fire, or cause Penalty for to be erected, made, or fired, within any part of the ^stng brick city, any brick kiln or lime kiln, without license of kiins without mayor in writing, designating the place of guch kiln, i^^^^'^' 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. 6. If any person shall wilfully or maliciously give, fl°se alarms. or cause to be given, a false alarm or cry of fire by ^^'^• outcry or ringing an alarm bell, or striking an alarm at any box of the tire telegraph, he shall pay for each offense a penalty not less than twenty nor more than fifty dollars. 7 . If any person shall remove any ladder provided penalty for by the city to be used at fires, from the place of removing lad- 1 . /, ,'...,• dersfrom deposit, for any purpose but that of assisting m the places of de- extinguishment of fire, such person shall pay for each ^^^^' except, offense a sum not less than ^ve nor more than ten ord. ises. dollars. 8. If any chimney, stove-pipe, or flue shall take Burning chim- or be set on fire, the owner or occupant of the building ^^y^, &c. or tenement to w^hich such chimney, stove-pipe, or flue appertains, shall forfeit and pay the penalty of two dollars for each offense^ ; jpi^ovided, however, that any person may lawfully burn out or set fire to his chimney, stove-pipe, 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. 9. If any person not a member of the fire depart- Persons not . members of ment shall, when the department is on duty, wear any departnient bado^e or other insijjnia, representino: himself as a f^oju wearing ~ o ' 1 o badges or member of the fire department, he shall, upon com- a'lS^fo^sJ'^"' plaint of any engineer or officer of the fire department, oid 5uiy so, pay a penalty of not less than two nor more than five i^^'i ^; ,„„„ *^ ■*■ " Rev. Ord. looo. dollars for each offense. 196 FIRE DEPARTMENT. Hydrants used only for extin- guishment of fires. Ord. Oct. 13, 1870. Driver or owner of ve- hicle running over hose of fire depart- ment subject to prosecution. Ord. Aug. 29, 1873. 10. That hydrants shall be used only for the extin- guishment of fires, except by the Avritten permission of the mayor, or the chief engineer of the fire depart- ment. Any person violating this ordinance shall be liable to a penalty not exceeding twenty dollars. 11. If any loaded wagon, cart, street rail car, or other vehicle be driven over the hose belonging to the fire department of the city of Portland, laid in the streets at the occurrence of any fire in the city, or at any alarm of fire, the driver or owner or owners of such vehicles shall be subject to prosecution before the municipal court of said city ; and upon conviction, shall be fined in any sum not .exceeding ten dollars for the first offense ; and upon any subsequent con- viction for the same offense shall be subject to a fine of not more than fifty dollars, at the discretion of the court, with costs of jirosecution. Fire depart- ment, how organized. Election. Ord. July 2, 1872. Rank of engi- neers, how determined. FOR THE GOVERNMENT OF THE FIRE DEPARTMENT. 1. The fire department shall consist of a chief engineer, four assistant engineers, and as many fire- men, to be divided into companies, as the city council shall, from time to time deem expedient. And the election of said engineers shall take place on the second Monday in March annually ; (but vacancies may be filled at any time) ; and the said chief and other engineers shall, on their appointment, receive a written or printed certificate or warrant in the follow- ing words, viz : • "This certifies, that is appointed an 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 my hand this — day of — A. D. 18 Mayor. City Clerk. " The respective rank of the engineers shall be determined by the city council ; and the city council FIRE-DEPARTMENT. 197 may at any time remove from office the chief engineer, or any of 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 organization organize; a majority shall form a quorum; in the of board of absence of the chief, the engineer next in rank ibid. §2. present, shall be the presiding officer, (and shall at all other times in his absence perform his duties.) They may appoint a secretary and other officers, and make such rules and reo^ulations for their own «rov- ernment as they may deem expedient, subject to the approval of the city council. 3. The engineers shall, at all times, have the power of superintendence and control of all buildings, furaiture ^"»^®®^s- and apparatus used for the purposes of the depart- ment, over 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 government of the department, and for the extinguishment of fires as they shall deem expedient ; the same not being repugnant to the laws of the State, and being subject to the approval of the city council. 4. It shall be the duty of the engineers, at such times as they n^ay deem expedient to examine or cause to be examined, premises where fire is at any time used, and where danger is apprehended therefrom ; to examine imto all places where shavings or combusti- t^ ^.^use com- ble materials, or where ashes may be collected or ^ustibies to be 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 considered 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, Ibid. §4. 198 FIRE DEPARTMENT. To demolish buildings at fires, when. Ibid. § 5. Board of engi- neers may suspend com- panies and officers for improper conduct. Ibid. § 6. 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 or 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. 5. Whenever it shall be determined at any fire, by any three or more engineers, one of whom shall be the chief engineer (if present or in his absence, the engineer 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, side- walks 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. 6. A majority of the board of engineers shall have full power to suspend from duty any company that shall wilfully neglect or refuse to perform their duty, or shall be guilty of disorderly conduct, or of disobe- dience to the orders of either of the engineers ; or for violation of any of the rules and regulations of the department. They shall also have full power at any time to suspend (for sufficient cause) an}^ oflScer 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. FIHE DEPARTMENT. 199 7. Engine companies shall consist of a foreman, Engine com- clerk, engineman, fireman, and as many hosemen as ^mposel the city council and board of engineers shall deem sufficient. And hook and ladder and hose companies shall consist of a foreman, clerk and steward, and as many h ook 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 ibid. §7. engineers and other persons attached to the fire de- ^duties o°*chief partment ; and shall direct all proper measures for engineer, the extinguishment of fires, protection of property, ^^•^•§^- preservation of order and observance of the rules and companies attached thereto, as often as circumstances may render it expedient, or whenever directed by the city council or the committe 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 or hydrants used by the department require repairs, additions or alterations, thei^hief 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 as- certained, 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 gun powder, at such times as he may deem expedient, to see that the rules and regulations estab- lished by the mayor and aldermen in relation to gun powder are complied with, and and to prosecute all 12 200 FIRE DEPARTMENT. City council may form engine, hook and ladder, and hose com- panies, &c. Ibid. § 19. Foreman and clerk, how chosen. Ibid. § 10. Companies may make rules, &c. Monthly and othermeetings of companies. Ibid. § 11. violations of the same in accordance with section •eleven of said rules and regulations. 9. As many engine, hook and ladder and hose com- panies shall, from time to time, be formed by the city council as they may deem expedient. The selection of members and enginemen for new companies to be made by the board of engineers, subject to the ap- proval of the city council. And no person under the age of twenty-one years shall be admitted a member of the department. 10. The foreman and clerk as provided for in sec- tion seven, shall be nominated by the members of the several companies, at meetings held on the first Mon- day of January 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 aforesaid, and any company failing to nominate oj96lcers at their annual meeting, or an adjournment thereof, the board of engineers shall appoint such officers aatthey may deem expedient, subject to the approval of the city council. The sev- eral companies may make rules and regulations for the internal government of 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 no oftener except by order or permission of the chief, or board of engineers, or as provided in section ten), the companies shall meet for the transaction of business ; and whenever the chief or board of engi- neers 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. FIRS DEPARTMENT. 201 12. The companies respectively shall charge to Fines for members a fine of fifty cents for non-attendance at i^l*^^.^' any fire, and fifteen cents for non-attendance at any meeting of the 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 of mem- January, to each member or the respective companies, panics, (except enginemen who may be paid oftener if expe- J^^^l^ § ^^ dient) , 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 inabililty 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 fore- man of the company, who shall present the same to one of the board of engineers 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 Firea in adjoin- towns, not more than one engine shall be allowed by ing towns, the chief engineer to go more than one half mile ^^^^•5^** beyond the limits of the city, but when a fire occurs within the above named limits, the chief engineer shall have discretionary power to send two engines. 15. The foreman shall certify to the correctness of ' the pay rolls, and keep, or cause to be kept, by the Duties of clerks of their respective companies, fair and exact ^^^™^°' rolls, specifying the time of the admission and dis- charge of each member ; an account of all city prop- erty entrusted 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. 16. It shall be the duty of the clerks of each of Duties of the companies to report to the board of engineers, ^^®^^®* 202 FIRE DEPARTMENT. Ibid. § 16. i Election of ' enginemen. Their duties. Ibid. § 17. 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 Jan- uary, 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 due 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 admit- ted to their respective companies at said meetings, and these persons, if approved, shall sign the follow- ing statement : " Tlie 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 coun- cil and board of engineers. And 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 city council, on the second Monday in March, (but vacancies may be filled at any time) . They shall, at all times be in or about the engine house, and have charge of the engines, and all other city property committed to their care, and be held strictly respon- sible for its good condition for immediate service. They shall keep the engines and houses clean, and in good order ; and perform all such other duties as may be required of them by the chief engineer or com- mittee of the fire department. 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 preserve their engines from injury as much as pos- FIRE DEPAR'FMENT. 203 sible, to expose them to no unnecessary hazard, to Their special cause them to be worked with judgment and skill, and ge^e^eif^es not subject them to harsh treatment. from injury. 19. Each member of the Portland Fire Depart- ment, shall wear when on duty, such badge or insignia as may be furnished by the board of eno^ineers, and Badge. any member of the department, not complying with this regulation, shall not be considered or recognized as a member of the fire department. 20. If any person not a member of the fire depai-t- penalty for ment shall, when the department is on duty, wear any weanngbadge badge or other insignia, representing himself as a member, member of the fire department, he shall, upon the i^id§20. complaint of any engineer, or officer of the fire depai't- ment, pay a penalty of not less than two, or more than Rve dollars for each ofiense. 21. The drivers attached to the engines and other Drivers, dut>- apparatus connected with the fire department, when °'- on duty, shall obey the orders of the chief and assis- tant engineers, foreman and engineman, 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. And it shall be the duty of the chief engineer to report to the mayor and aldermen any violation of this section. 22. All persons are hereby enjoined to obey the Engineer to be directions of any engineer, given at any fire, and to obeyed. render their services if required by any engineer, under a penalty of not less than two nor more than twenty dollars. And it shall be the duty of the chief and other engineers to report to the city council the name of every person liable to the penalties provided by thig section. 23. All ordinances, rules and regulations (or amend- ^^ eaiof old ments thereto) relating to the fire department, ap- ordinance. 204 FIKE DEPARTMENT. Ibid. § 23. proved prior to the passage of this ordinance (except "an ordinance fixing the compensation of the officers and members of the fire depai-tment," approved June 13th, 1870) and inconsistent herewith, are hereby repealed ; and this ordinance shall take efiect and be in force from and after its approval by the mayor. 24. That the board of engineers, and committee vided for. ^n fire department, be required twice in each munici- ord. June 20, pal year, to hold an inspection of each engine com- pany and its apparatus ; and also an inspection twice during said year of each hook and ladder company and their trucks, and report any want of efficiency that, in their opinion, may exist, to the city council, c m en ation ^^* ^^® annual Compensation of the officers and of officers and members of the several fire engines and hook and oTdSance 1873, ladder Companies, shall be as follows, viz : To the April 15. foreman of each company seventy-five dollars ; to the clerk of each company seventy-five dollars ; to the firemen of each fire engine seventy-five dollars ; and to the steward of each hook and ladder company seventy-five dollars ; to each member of the respec- tive companies other than the officers aforesaid, not exceeding eleven for each steam fire engine, and seventeen for each hook and ladder company, sixty- six dollars, and the same to be in full for all services as members of the fire department, and in full for reeling hose, and to cover all claims for clothing heretofore asked to be furnished by the city. FIRI^ DEPARTMENT. 205 Rules and Regulations, OF THE BOARD OF ENGINEERS, ADOPTED BY THE CITY COUNCIL JUNE 11, 1872. Article 1. The orders of the chief engineer to the several companies of the department, will be engineer, how communicated to the commanding officers (if con- ^^®°- venient) , 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 wait- ing to communicate with his superior, unless it can be done without delay. All members shall obey any order from an engineer. Article 2. The engineers are to keep a watchful eye upon all parts of tlie fire and repoi-t to the chief Duty of engi- immediately all changes in the aspect of the conflagra- ^®®"' tion, 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 puq30ses 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 custody of the police, to be pro- ceeded against by law. Article 3. In case of fire not more than one line of hose shall be run out without permission from an officers tore- engineer, and when the hose has been extended the portonanivai officer in charge shall station men along the lines to orders- protect them. The officer in charge of the several 206 FIRE DEPARTMENT. Of moving en- gines at fire. Duties of foreman. Duties of foreman of hook and lad- der and hose companies. companies, immediately on 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 posi- tions, 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. Article 4. When in the progress of a fire it becomes necessary to move any engine, the movement will always be executed 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. Article 5. The foreman shall preside at all meet- ings of the company, and at fires or alarms have direction of the apparatus and all persons attached to the same. In his absence his duties shall be per- formed by the clerk. It shall also be the duty of the foreman to preserve order and discipline in his com- pany, 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 four pipemen and four suction hosemen, who, after putting their hose in working order, shall assist the leading hosemen in the discharge of their duties. Article 6. It shall be the duty of the foremen of the hook and ladder and hose companies to see that the fire apparatus of every kind of which they have charge, is kept clean and in good order for immediate use, and that no obstructions are placed at the entrances of the, several buildings in which the FIRE DEPARTMENT. 207 apparatus is kept. They shall also appoint a steward whose duty shall be to clear the snow from the side- walk in front of the house ; and generally to see that their apparatus is ready for immediate use. Article 7 . Any member of the department absent- Absent mem- ing himself from one-third of the fires that occur in ^^^^ ™»y ^ six months, may be discharged from the department when, (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. Article 8. Any company or companies, or any member of the department, doing duty by require- ^^^a ^^ ment or invitation from the mayor, city council, ^°^^s special committee on fire department, chief or board of quirementof engineers, shall act in strict conformity to the dis- ™*5^°^' *^- cipline as laid down in the ordinances and rules and regulations, and be subject to the penalties for non- compliance, and volunteer companies shall also be subject to the ordinances and regulations. Article 9. Whenever any members leave the Members leav- department, it shall be the duty of the foreman to J^fn^^eu/*"^ see that the property belonging to the city be returned ; property mu»t and failing to procure 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. ) Article 10. It shall be the duty of the foremen of the several steamers, (in case the hose on their can-iages have been wet) , to have the same replaced ^^ ^^^' with dry hose, immediately after their return to the engine house. Article 11. All nominations for officers or mem- NominationB. bers, made in the several companies, shall be by written ballot. Article 12. In no case shall the persons employed Drivers shaii ■I . . V A 'J in 1 not act as sub- as drivers, act as substitutes for members, or answer gtitutes. fo^ them at the roll call. 208 FIRE DEPARTMENT. Rule for engine ARTICLE 13. The enofinemeii of the Several steamers ^^^' shall not commence to work theii- engines or open hydrants at fires until the line of leading hose is run out, and the pipe attached thereto. Printed copy ARTICLE 14. The chicf engineer shall fumish cvcry for every member in the department with a printed copy of memberofflre ^ . i i n department, these Ordinances and regulations, and shall cause a copy of the same to be kept in all the houses of the department, and also to furnish each engine house with a list of the public wells, reservoirs and hydrants, and the location of each. Article 15. In case of fire but one line of hose hose to a post shall be attached to any post hydrant without per- hydrant. missiou from an engineer. Article 16. All members of the Portland fire department, and substitutes, not exceeding three for each engine and hose company and four for each hook and ladder company, shall, while on duty as firemen or at fires, in addition to the fire hat and leather Corporation , , ^ , , • i i • badge. badge now worn, wear the corporation badge in a plain conspicuous manner on the vest or coat and no melnber will be allowed to enter the line at a fire, or any building when on fire without such badge. Badge not to be ARTICLE 17. No member will be allowed to lend lent. }iis badge, on any pretext whatever, under the penalty of dismissal from the department. Lost badge. ARTICLE 18. Any member who loses his badge will immediately advertise the same and use his utmost diligence to recover it, and in case of failure Avill be charged with the price of two dollars ($2.00) for the badge. Article 19. If any member in going to or return- Bad conduct of inor from a fire shall behave in any way unbecomino: firemen. ® . Report. a fireman, any party aggrieved may report to the chief engineer the number of his badge, and if said fireman refuses to give his number correctly it will be Substitutes. FIRE DEPARTMENT. 209 deemed good cause for his dismissal from the depart- ment. Article 20. Each engine and hose company may have substitutes not exceeding three, and each hook and ladder company not to exceed four, to do duty in place of persons absent from duty in case of sick- ness or absence from the city. Article 21. Any regulation not expressed in these regulations for the government of the companies, neersma^ may be instituted for the time beine: by the board of temporarily . ,1 1-11 . « institute new engmeers, to be observed until the next meetmg oi regulations, the city council, when it shall be submitted to their consideration. Article 22. Not exceeding two men and the two men and driver, will be allowed to ride on each hose carriage, hose carriage. Fish, [see titles "health," "wharves."] Flour. Appointment .of Flour in- spectors authorized. Wlio ineligible. R. S., 1871, c. 38, § 36. To be sworn, Ac. Ibid. § 37. Inspection.now made. Statutes. 1. Appointment of inspectors. 2. Inspectors to be sworn and have certificates. 3. Duties. 4. Fraudulent marks. Penalty. 6. Alteration of marks. Penalty. 6. Purchaser may require inspection. 7. Sample packages. 8. This not applicable when inspection not demanded. 1. The municipal officers of towns may appoint annu- ally in their towns, one or more suitable persons not inter- ested in the manufacture and sale of flour, to be inspectors thereof, for the period of one year from the date of ap- pointment. 2. Such inspector before entering upon the duties of his office, shall be sworn to the faithful and impartial dis- charge of the same before the town clerk, who shall give him a certificate of his appointment and qualification, upon payment of a fee of fifty cents, which shall be ex- hibited on the demand of any person interested in any inspection made by him. 3. Inspection of flour shall be for the purpose of ascer- taining its soundness, and every package inspected shall be opened sufficiently to allow a trier to be passed through it, FLOUR. 211 and a sample of the whole length of the passage 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 word "unsound," as the quality of the Duties of flour contained in each shall be found, and his name, res- inspectors defined. idence, oflBce, and the year of inspection. He shall keep a record of all flour inspected by him, in a book kept ^^.^ for that use, which he shall exhibit to any person requir- ing it. 4. Every inspector who falsely and fraudulently marks Penalty for any package of flour, shall be punished by a fine of five fraudulent dollars for each package so marked, and shall forfeit to ibid. §39. any person injured thereby, three times the amount of damage, to be recovered in an action of debt. 5. Every person who, with intent to defraud, alters. Penalty for obliterates or counterfeits the marks of any inspector, and ^^rks^^" ^ every person who, with such intent places upon any pack- iwd. § 40. age of flour, marks which falsely purport to be inspection marks, shall, for every offence be punished by fine not exceeding fifty dollars, and on conviction of so doing on as many as ten packages at one time, shall also be pun- ished by imprisonment in the county jail not exceeding ten months. 6. Any person buying flour, may require it to be purchasers inspected before it is delivered, the fees of the inspector may require shall be five cents a package, for lots of less than ten i^"q^§4i. packages ; for lots of more than ten, and not exceeding twenty packages, two cents a package ; and for any and every package exceeding twenty, one cent, to be paid by the person demanding inspection. 7. The inspectors of flour shall, when required, deter- Duties in mine whether it conforms to and equals the sample fur- regard to nished to them, and shall mark, with some distinct and ages, intelligible mark, the packages that are found like the n)id. § 42. sample, and for this sen'ice they may charge an addi- tional compensation of one-half cent per package. 8. Nothing herein contained, shall be held to prohibit provisions not or render illeojal any contract for the manufacture, or sale applicable « « , . , , , . , , . . when inspec- 01 flour, which has not been inspected, when inspection tionisnot is not required by the buyer or the seller. demanded. Ibid. § 43. Gas/ Statutes. ITEM 1. ACT OF INCORPOKATION. 1. Corporators and name. 2. Capital stock. 3. Regulations for pipes, &c. 4. Obstructions to travel, &c. 5. Council to contract for lighting streets. 6. Exclusive privilege under some circumstances. 7. Directors. Treasurer. 8. City authorized to hold stock, &c. 9. Authority of city to take property at appraised value after thirty years. 10. Exclusive privilege continued for twelve years. 11. Liability of company for obstructing streets. 12. Rights of mayor and aldermen in certain cases. 13. When act takes effect. ITEM n. 1. Increase of capital stock. 2. Shares disposed of. 3. Rights of city. 4. Shares numbered, &c. 5. City to take certain number. 6. When act takes effect. ITEM in. 1. Capital stock increased. 2. Capital stock first offered to existing shareholders. 3. City council may make the city joint owner of stock. 4. Directors, duties of. 5. Ownership, conditions of. ITEM I. Statutes. PORTLAND GAS LIGHT COMPANY. Act of Incorporation. Section 1. Charles Q. Clapp, A. W. H. Clapp, John Neal, Abner Lowell, Francis O. J. Smith, Horace V. 1 See title " Streets," for regulations in regard to laying pipes. GAS. 213 Bartol, and Henry B. McCobb, their associates and sue- Act 1849, c. 288. cessors, are hereby constituted a body politic and corporate "^^'^^'12*^049 by the name of the Portland Gas Light Company, and corporators, by that name shall have and enjoy all the necessary powers and privileges to effect the objects of their asso- Corporate ciatioo, and shall be subject to such duties, liabilities and exemptions as are or may be provided by the general Powers and laws of this State in case of manufacturing corporations, duties. Section 2. The capital stock of said company shall ^ , , ^ ^ be not less than thirty thousand dollare nor more than one hundred thousand dollars, and shall be divided into shares of one hundred dollars each. The said capital stock shall be applied exclusively to the manufacture and How appUed. distribution of gas for the purpose of lighting the city of 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 Proviso, council, and a specific assignment of the boundaries of such establishment, and such erection, establishment ^r continuance without such previous consent, shall be con- 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 shall be construed to affect or diminish the liabilities of Liability for said company for any injury to private property, by ^^^J^pe^. depreciating the value thereof, or otherwise, but said company shall be liable therefor in an action on the case. Section 3. The said company are hereby authorized Regulations for to lay down in and through the streets of said city, and laying do^vn to take up, replace, and repair all such pipes and fixtures ^^p^^' ^^' as may be necessary for the objects of their incorpora- tion, 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 214 GAS. liable to indictment therefor and to all the provisions of law applicable thereto. And said company shall in all Liability to city cases be liable to repay to said city all sums of money that for damages. g^|^ ^^^y ^^y ^^ obliged to pay on any judgment recov- ered against said city, for damages occasioned by any obstnictions, or taking up or displacement of any street by said company whatever, with or without the consent of the city council, together with council 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. Section 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 m any street, they down.erecting shall cause the same to be done with as little obstruction or rGT}tiiriii£r works. ^^ the public travel as may be practicable. And shall at their own expense without unnecessary delay cause the earth and pavements removed by them, to be replaced in proper condition. They shall not be allowed in any case Not to obstruct to obstruct or impair the use of any public or private or impair the strain, or Common sewer or reservoir, but said company use of any ^ ir j drain, &c. 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 SECTION 5. The city council of the city of Portland, authorized to are hereby authorized to contract with said company for lighting the lighting the streets and public buildings of said city, and streets and the moneys necessary to be expended therefor, shall be public build- assessed and collected in the same manner as taxes for ings. other purposes. Exclusive priv- SECTION 6. If the Said company shall be duly organ- iieges granted ized within two years from the passage of this act, and conditions. ^" ^^^^^ within that time, have raised and expended at least ten thousand dollars for the objects of their incorpora- tion, and shall have actually commenced the lighting of GAS. 215 the city with gas, they shall then hftve and enjoy the fran- chise and privileges granted them by this act exclusively, for the term of thirty years from the date of their organ- ization, subject to the teims 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 cit}^ 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 pay- ment 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 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 com- ply with this condition, the exclusive privilege herein granted shall be of no effect. Section 7. The management of the affairs of the com- pany, and all expenditures made for the purposes author- ized 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 trea&urer, who shall be chosen by the directors. The directors shall severally be sworn i^irectors. 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 Treasurer, 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. Section 8. At any time after the organization of the City of Port- company , the city of Portland shall be authorized, upon ^^ ^t&kl a vote of the city council to that effect, to take and hold and hold stock in the capital stock of the company, an amount not ^^aidcom- 13 ^*°^* 216 GAS. Amount received for such stock tobe paid over, to other stock- holders. Value of the shares reduced accordingly. Shares created and issued to city. How repre- sented. Eights and privileges void if com- pany neglect to comply within one month. Authority of city to take the property of said company at its apprais- ed value after thirty years. Appraisers, how ap- pointed. exceciing one-half theTreof , upon paying to the company a like proportional part of the cost, up to &uch time, of all their buildings, works, fixtures, pipes, and other property, and ten per cent, of such proportional part in addition thereto. The amount so received by the company for the proportional part so taken by the city shall be distributed and paid over to the other stockholders, in proportion to their several interests, and the par value of the several shares held by them shall be reduced accordingly. The company shall, at the same time, create and issue to the city such a number of shares of the same pai* value, together with a fractional share, if necessary, as shall represent the whole amount paid by the city for the pro- portional part of the capital stock so taken. At all meetings of the stockholders of the company, the shares held by the city shall be represented by such agent as the city council may by vote, from time to time appoint, who shall be entitled to cast one vote for every share held by the city. And if said company shall neglect to comply with the provisions of this section for the space of one month after an offer and request from the mayor to that effect, all the rights and privileges of said company shall wholly cease and be of no effect. Section 9. At the expiration of the term of thirty years named in the seventh section of this act, the city of Portland shall be authorized, upon the vote of the city council to that effect, to pay to said company the appraised value of 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 shall, within three months before the expiration of the thirty years aforesaid, give notice to the company and appoint two disinterested persons, and the company shall appoint two other disin- terested persons, to be appraisers, and the four persons so appointed, shall appoint a fifth disinterested person to be one of the appraisers. If the company shall neglect GAS. 217 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 appraisal, and the decision of the apparisers in either case, shall be final. And if said company shall neglect or refuse for the space of one month after an appraisal shall have been made in pursuance of the provisions of this section, and after said city shall have notified said company of its readiness to take said property at such appraisal, to deliver all its aforesaid property to said city, and to execute good and sufl^cient conveyances thereof then said city may take possession of said property and hold the same as is hereinbefore provided, being respon- sible to said company to pay the appraised value aforesaid, and no sale of said property, at any time by said com- pany, 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. Section 10. If the city of Portland shall not so pay for and take the property of the company, at the appraisal so made, then the franchise and privileges hereby granted to said company, shall be continued to them and shall be held and enjoyed by them exclusively, for a further term of twelve 3^ears after the expiration of the thirty years aforesaid, subject to the limitation prescribed in the ninth section of this act. Section 11. If the said company or any of their ser- vants or officers employed in effecting the objects of the company, shall wilfully or negligently place or leave any obstructions in any of the streets of Portland, beyond what is actually necessary in laying down, taking up and repairing their fixtures, or shall wilfully or negligently omit to repair and put in proper condition any street, in which the earth or pavements may have been removed by them, the company shall be subject to indictment therefor, in the same manner that towns are subject to indictment for bad roads, and shall be holden to pay such fine as may be imposed therefor, which fine shall be collected, applied and expended in the same manner as is provided Provision in case said com- pany stiould neglect or refuse to deliver its aforesaid property to city. Exclusive privileges continued to said company for twelve years, in case said city should not take the prop- erty. Liability of company for willfully or negligently leaving ob- structions in any street. Or for neg- lecting to repair any street, &c. Fine, how collected and applied. 218 GAS. Xilable for per- sonal injury by reason of said negli- gence, &c. Rights of mayor and aldermen in certain cases. in case of the indictments aforesaid against towns, or may be ordered to be paid into the treasury of the city. If any person shall suffer injury in his person or property by reason of any such negligence, wilfulness or omis- sion, he shall be entitled to recover damages of the company therefor, by an action on the case, in any court of competent jurisdiction. Section 12. The mayor and aldermen for the time being, shall at all times have the power to regulate, restrict and control the acts and doings of said corpora- tion, which may in any manner affect the health, safety or convenience of the inhabitants of said city. Section 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. ITEM II. -Act 1854, c. 203, . March 8, 1854. Capital stock, increase of Shares. How disposed of. An Act to increase the Capital Stock of the Portland Gas Light Company. Section 1. The Portland Gas Light Company is hereby authorized to increase its capital stock to the extent 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 dollars each, which shall be the established par value of the same. Section 2. Whenever the directors of the company shall vote to issue any part of such additional shares, the same shall be first offered to and may be taken by the exist- ing 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 GAS. 219 shares shall be issued subject to the rights of the city of Portland, as herein provided. Section 3. If the city of Portland shall not, at the time Rights of city of any issue of such capital stock, take its proportional ®^ Portland, 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 g^^^^^ subject required to constitute the city the owner of one-half of all the said additional capital stock of the company. Section 4. For the purpose of effecting the object Shares to be provided by the last preceding section, the directors of ""™^«^<*- the company, whenever they shall issue any of the addi- tional stock aforesaid, shall cause the shares thereof to be number consecutively, and the numbers of all the shares so issued to be expressed in the several certificates repre- senting 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 gubiecuo^the therein represented are issued and held subject to the provisions of provisions of this act. *^^ ^^*- Section 5. Whenever the city council shall determine by vote as aforesaid, to take additional shares, as pro- aShorized to vided in the third section of this act, the city shall be take a certain entitled to take and become the owner of all the new number of shares issued as aforesaid, which are numbered by the » ' ' . "^ Amount per even numbers, and shall thereupon pay to the treasurer share, of the company, the sum of fifty-five dollars for every vote of city share so taken. The vote of the city council as aforesaid certified to shall be certified to the directors of the company, and directors of they shall cause the same to be recorded in their record, ^^^p^^^"' ^- The treasurer shall receive the amount so paid by the authorized to city, and shall hold the same, subject to be paid to the receive and order or receipt of the several persons from whom the chase money, said shares shall be so taken. He shall issue to the city, shaii issue certificates of the shares so taken and paid for by the city, certificates of and shall adjust the stock accounts of the several share- holders from whom the same are so taken accordingly, 220 GAS. and issue to them, if required, new certificates represent- ing the balance of their shares. Section 6. This act shall take effect from and -after its approval by the governor. ITEM III. Act to Further Increase Capital Stock. Act 1856, c. 544, Feb. 5, 1856. Capital stock increased. Shares, par value of, Stock first offered to existing share- holders. Balance, how disposed of. City of Port- land, rights of. City council may make the city joint owner of stock. Section 1. The Portland Gas Light Company is hereby authorized to increase its capital stock, to the extent of 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 additional capital stock shall be divided into shares of fifty dollars each, which shall be the established par value of the same. Secj^on 2. Whenever the directors of the company shall vote to issue any part of such additional shares, the same shall be first offered to, and may be taken by the existing shareholders, in proportions to their several amounts of stock. The balance of any such issue not taken by exist- ing stockholders, after twenty days' notice given in one 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 they may deem most for the interest of the company. The said additional capital and shares shall be issued, subject to the rights of the city of Portland as herein provided. Section 3. If the city of Portland, at the expiration of the twenty days' aforesaid, shall not have taken its pro- portional 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 to constitute the city the owner of one-half of all the said additional stock of the company. V GAS. 221 Section 4. For the purpose of effecting the object pro- Directors, vided by the last preceding section, the directors of the <*^tie8 of. company, whenever they shall issue any of the additional stock aforesaid, shall cause the shares thereof to be num- bered consecutively, and the numbers of all the shares so issued, to be expressed in the several certificates repre- senting 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. Section 5. Whenever the city council shall determine ch^ership, by vote as aforesaid, to take additional shares as provided conditions of. 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 fiTty-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 Treasm-er, 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. GunpoTv^der and Explosive Substances. Municipal officers to make regula- tions. R. S., 1871, C.26, §24, Statutes. 1. Municipal 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. 6. License, price of. Licensed persons to put up signs. 6. Mayor and aldermen may make rules to regulate sale. 7. Penalties for violating provisions of law. 8. Building for manufacture, when a nuisance. RULES, &C. , ESTABLISHED BY MAYOR ANI> ALDERMEN. 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 "^ty. 10. Signs to be put up by licensed persons. 11. Penalty. 12. Persons to transport gunpowder may be appointed by mayor, &c. Statutes. 1. In every town, the municipal officers may make reg- ulations, in conformity to which shall be kept in the town or transported from place to place all gunpowder, petro- leum, coal oils, burning fluids, naphtha, benzine, and all explosive and illuminating substances which such "officers shall adjudge dangerous to the lives or safety of citi- zens ; and no person shall keep any of said articles in GUNPOWDER, ETC. 223 any other quantity or manner, than is prescribed in such penalty regulations, under a penalty of not less than twenty nor more than one hundred dollars for each offence ; and all such articles may be seized by any of said officers as forfeited ; and within twenty days after such seizure, be libeled according to law. 2. A person injured by the explosion of such articles Persons in possession of any person contrary to the regulations Ixpi^slon^may established as aforesaid, may have an action for damages recover against such possessor, or against the owner thereof, if x^i"!^^' conusant of such neglect. 3. Any municipal officer, with a lawful search warrant, Power of muni- may enter any building or other place in his town to to^searcuTor search for such articles supposed to be concealed there gunpowder, contrary to law. ibid. §26. 4. It shall not be lawful for any person or persons to Not lawful for sell any gunpowder, which may at the time be within the any person to cityi of Portland, in any quantity, by wholesale or retail, ^ty^f Fan- ^ without having first obtained from the mayor and alder- land, gunpow- men of said city, a license to sell gunpowder ; and every ^^'"^^i^^"' license shall be written or printed, and duly signed by the mayor, on a paper, upon which shall be written or printed ^^l' ^^' ^^' a copy of the rules and regulations established relative to keeping, selling, and transporting gunpowder within the ._, ii* 1 J-iiCGllSC to DC 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 and aldermen, and no longer ; but such license may, prior ^^ ^ to its expiration, be renewed by an endorsement thereon renewed, by the mayor for the further term of one year, and so from year to year ; provided, always, that the mayor and aldermen may rescind or annul any such license, if, in ^^'^viso. their opinion, the person or persons licensed have dis- 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 gunpowder, as aforesaid, shall pay for the same to the ^"dTor'^^ treasurer of the city, the sum of five dollars, and every ucense. person on having a license renewed, shall pay to said^^*^' ^ ^' treasurer the sum of one dollar. And any person or persons 1 See Title " Fli* Department," § 19, et acq. 224 GUNPOWDER, ETC. Persons licensed to keep a sign over the noor of the building in which gun- powder is sold, with the words thereon, "Licensed to keep and sell Gunpowder." Mayor and aldermen may- establish rules and regula- tions for the sale of gun- powder. Ibid. § 3. Proviso. Penalties. Ibid. § 4. When build- ings for man- ufacture of gunpowder shall be deemed nuisances. 1877, c. 219. licensed to keep and sell gunpowder, as aforesaid, shall place and constantly keep in a conspicuous place over or at the side of the front door of the building in which powder is kept for sale, a sign, on which shall be inscribed in plain, legible letters, the words following, viz : "Licensed to keep and sell gunpowder." 6. The mayor and aldermen of the city of Portland are authorized to make and establish ruks and regula- tions, from time to time, relative to the times and places at which gunpowder may be brought to or carried from said city, by land or water, and the time and manner in which the same maybe transported through said city, and prescribe/ the kiiid of carriage, boat or vehicle, in which the same may be brought to, transported through, or carried from said city. Provided, however, that said 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 such license, or to any rules and regulations established or to be established, by the mayor and aldermen, as aforesaid, shall explode in any shop, store, dwelling- house, warehouse, or other building, or in any other place in said city, the tenant, occupant, or owner of said shop, store, dwelling-house, warehouse, or other building, or place, shall pay a fine of not less than fifty nor more than three hundred dollars, one moiety thereof to the use of 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. 8. If a person carries on the business of manufacturing gunpowder, or of mixing or grinding the composition therefor, in any building within eighty rods of any valu- able building not owned by such person or his lessor, which was erected when such business was commenced, the former building shall be deemed a public nuisance ; and such person may be prosecuted accordingly. GimPOWDER, ETC. 225 Mayor and Riiles and Resculations aidermen to ^-^ appoint ESTABLISHED BY [MAYOR AND ALDERMEN. keeper of powder maga- zine. 1. The mayor and aldermen shall annually, in the Adopted by *'^ ^ "^ mayor and month of April, appoint a keeper of the city powder awermen, magazine, who shall be sworn to, the faithful ^i^ ^o^^^e'h^ charge of the duties of. the oflSce, and give bond with Rev. ord. ises. sureties to be approved by theJ mayor^nd aldermen in the sum of two hundred dollars for the faithful performance of his duties. Duties of keep- 2. It shall be the duty of the keeper of the city er of powder powder magazine to receive and safely keep in the "magazine. city 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 regula- tions. NO person 3. No person shall keep or have in his shop, store, allowed to k66D OT 8611 dwelling-house or other tenement, at any one time, a gunpowder larger quantity of gunpowder than one pound unless without he is licensed by the mayor and aldermen to keep and sell gunpowder, which license shall expire in one year from its date. no licensed 4. No person licensed as aforesaid, shall have or ^ver^ ms.^^ keep in his store, shop, dwelling-house or any other iwd. as - . 1 ■• , . .. amended In tenement, or place whatever, at any one tune, jses. a larger quantity of gunpowder than seventy-five pounds. To be kept In 5. Every person licensed as aforesaid, shall pro- copper chest*, vide 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 can- chests to be isters in which said powder may be, shall be kept in ^'^j^*^^^' said copper chests or box, which shall, at all times, 226 GUNPOWDER, ETC. Vessels not to land or receive over 25 lbs. without per- mit. Not to lay at any wharf. Mayor and chairman of committee on fire depart- ment may grant permits to land or ship gunpowder. Same subject. How to be transported through the city. be placed near the outer door of 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 bridge or other landing place in this city, or bring within two hundred yards thereof any boat or vessel having on board any quantity of gunpowder exceed- ing twenty-five 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 onboard in quanity exceeding twenty-five pounds, shall remain at any wharf, bridge or other 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 committee on fire department, may grant permits to land gunpowder for immediate shipment or trans- portation, on either of the abutments near the draw of Tukey's bridge ; they may also grant permits to land or ship gunpowder 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 wharf- inger of such wharf shall first be delivered to tlie mayor. 8. The mayor, or in his absence, the chairman of 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 twenty-five pounds each. 9. No gunpowder shall be conveyed from the man- azine through any street in the city in any carriage other than the one provided for such purposes by GUI^OWDER, ETC. 227 the city, 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 any street. Provided, that the owners of pow^der mills may Proviso. 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 the city by Congress or Portland streets, streets through along Vaughan, Brackett and Arsenal streets, to the which gun- ., , • • xi_ • • /• 1 powder may City powder magazme, in their own carnages safely be conveyed. covered. And the owners of powder mills may con- vey powder intended for shipment as in section seven, in their own caniages 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 conveyed, be allowed to stop in any street. Provided, however, that on proviso. and after the completion of Waldo street, said car- riages, when transporting powder for shipment as aforesaid, shall pass through said Waldo, Canal and Commercial streets to the wharves aforesaid. 10. Every person licensed to sell gunpowder shall persons have and keep a sign board over the outside of the licensed to door or principal entrance to the building in which the door, with such powder is kept, on which shall be distinctly the words . ■ ^ . "^ " Licensed to painted the words, "Licensed to keep and sell gun- keep and seu powder." gunpowder" ^ thereon. 11. Every person violating any of these rules and regulations will be liable to a fine of not less than ^^^^^ities. twenty nor more than one hundred dollars, as pro- vided in revised statutes, chapter tw^enty-six. 12. The mayor and aldermen shall annually appoint Mayor and one or more persons whose duty it shall be to trans- ^'<^®""®°*^ 228 GUNPOWDER, ETC. appoint per- port all gunpowder in the city that may be required, sons to trans- ^^^ ^^^ g^^^jj have the custodv of the vehicle provided portgunpow- *' ^ ^ der. 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 permis- sion 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 penal- ties. 9. Compensation of commissioners. 10. Act of 1874. Fore river lines. 11. " " No wharves beyond harbor lines. 12. " " Existing remedies extended. 13. " 1877. Certain laws not to apply to Portland harbor. 14. " " " " continued in force. Power of commissioners. 15. Atlantic & St Lawrence wharves beyond common line. 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. 6. Penalty for violating rules. 6. Of vessels anchored contrary to rules. 1 The legislature has power to establish a harbor line and enforce its act, Coofimonwealth v. Alger, 7 Gushing, 53. See R. S., 1871,0.36, "Lighters and Harbors," and full provisions for 230 HAKBOR OF PORTLAND. Statutes. The boundaries of the harbor of Portland defined. Act, 1856, c. 654, §1- This part of boundary changed by act of 1881, given below in full. RELATING TO PORTLAND HARBOR. 1. The harbor of Portland is bounded north-westerly by a line commencing* at the eastern corner of the Gas Company's wharf, next above the Portland bridge, and extending sti'aight to the southern corner of the end of Robinson's wharf, and along the end of it to the eastern 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 east- ern 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 f thence parallel to the straight 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. Act of 1881, Feb. 24. Boundaries east of Gait's wharf. 2 Section 1. That portion of the harbor commissioners' line in Portland harbor, established in the year eighteen hundred and fifly-six, lying easterly of Gait's wharf, so called, is hereby changed and established to run as fol- lows : Starting at a point located at the south-east corner of Gait's wharf, at the junction of the straight southerly face with the curve forming this, round, corner of said wharf, marked by a composition spike, driven into the cap timber about one and a one-half inches from its outer edge. By refer- ence to two fixed points, marked by copper bolts and called the east and west base, the former on the outer pier of Portland Breakwater, the latter thirty -eight and five-tenths feet west of the shore end of the same, the start- ing point is permanently located as follows. Angle at west base between Gait's wharf and east base, eighty-six degrees, seven minutes. Angle at east base between Gait's wharf and west base, fifty-six degi-ees, three minutes. Distance from west base to Gait's wharf, composition spike, tvvo thousand six hundred ninety and thirty-four one-hundreths feet. Distance from east base to Gait's wharf, composition spike, three thousand two hun- di-ed thirty-five and seventy-eight one-hundredths feet. Starting from the point on Gait's whai-f, located and described as above, the line runs north- easterly, making an angle of fifty-six degrees, five minutes, with the east base, for a distance of three thousand one hundred and ninety feet, to a point lying in the prolongation of the north-easterly side of the easterly Great Eastern wharf, so called, and three hundred and fifteen feet distant from the south-easterly corner of said wharf ; thence northerly and tangent to the curved harbor commissioners' line ai'ound Fish Point, established by the commission of eighteen hundred and sixty-eight. Section 2. Tbis act shall take effect when approved. HARBOR OF PORTLAND. 231 , 2. It is bounded southeasterly by a line commencing same subject, at the end of the breakwater as it now is, and extending iwd. §2. southwestly 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. 3. No wharf or incumbrance of any kind shall ever Wharves, &c., hereafter be erected or extended into said harbor beyond "*** **^ 3^®. '' extended either of said lines. No stones or other materials shall beyond said be deposited in said harbor. No land within the same 1^°®^, or ma- cbvered with water shall be be removed without the iteiTi^saS'^ written permission of the commissioners hereafter harbor, or named. Every erection, incumbrance or material, ^° remove . erected, placed or deposited in said harbor, within the such erections, lines aforesaid, shall be deemed a public nuisance liable &c. to abatement. ™^- § ^' 4. The receiving basins ai^d reservoirs of said harbor Receiving shall comprehend the tidal waters of Fore river and J^gg^v^rsof Back Cove, and those along the shore north easterly said harbor to the easterly side of the mouth of the Presumpscot ^^^^d- river. They shall be and hereby are subjected to the subject to con- control and regulation of the commissioners hereafter troiofcom- named. No erection, incumbrance or material, shall ""ssioners. hereafter be placed or deposited in those waters, which will obstruct the flow and ebb of those waters, or dimin- ^!;«^«!>°^' *^' ' therein, with- ish the volume thereof, without the written permission of out written said commissioners, or of a major part of them, therein Permission of commission- describing the extent and character of the erection or ers prohibited, depo^ so permitted. Such permission by them sub- suchpermis- scribed shall be left with the clerk of the city of Portland, ^^o" t^ be to be by him recorded before any such erection, obstiiic- and^recorded tion or deposit is made. All erections, obstructions or j^^.^ .^ 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 pDovisions of this act, shall be deemed guilty of a 14 Ibid. § 6. 232 HAKBOR OF PORTLAND. Prosecutions misdemeanor, and liable to prosecution therefor, by and punish- indictment in any court of competent jurisdiction, and "onsoTtMs^^" o^ conviction, be punished by a fine not exceeding five act. hundred dollars ; and he may also be sentenced to pay Ibid. §5. 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 and consent of the council, appoint three persons com- Appointment miggioQers of the harbor and tidal waters connected of commis- sioners. therewith, of the city of Portland. One of those first appointed shall continue in office one year, one for two, and the other for three years. At the expiration of each Terms of their person's term of service, the same or another person .!*^^!\ i^tiall in like manner be appointed to serve for three years. When a vacancy shall liappen by death, resigna- tion, 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 teftn. ' 7. Whenever on application of the mayor and alder- men of the city of Portland, or of the commissioners of issue \Trit of' the harbor of Portland, it shall be made to appear to the injunctioi* 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 iss-ue a writ of injunction to stay all proceedings adjudged to be in dissoive!con-^ violation of said act until further order, and may on a tinueormake hearing, dissolve, continue or make such injunctiWi per- pwpeluaL petual as justice may require, and may adjudge that the Costs of injiinc- person or persons so violating the law shall pay all costs to^b'^^-^^^"^ and expenses of such proceedings, and so much thereof Act 1858,0. 151. ^^ shall not be thus paid, shall be paid by the city of Portland. 8. All the powers heretofore conferred upon the com- Commission- missiouers of the harbor of Portland, over the receiving ^'^te^d^^^ basins and reservoirs of said harbor, are hereby extended S. J. Court may HARBOR OF PORTLAND. 233 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 Restrictions bounds of said basins and reservoirs are forbidden to be ^f'^ ^^°" '^®®' Ibid. c. 161, § 1.. done within the bounds herein designated, under the like restrictions and penalties and with like modes of redress Compensation as provided by the former and present acts. of commis- 9. The commissioners shall be entitled to receive from sioners. ., . /. T^ .1 1 ,, . ,. ,, St., 1856, c. 654, the city of Portland a reasonable compensation for all § 7. services actually performed. Actof 1874. 10. The following lines are hereby established as the ^*^^''^"°^^*'° ° *' on Fore nver, harbor lines in Fore river of Portland harbor, as defined Portland on the plan of the same accompanying the report of the harbor. advisory council called by the commissioners on Portland harbor, in the year one thousand eigl^t hundred and sev- Lines on the enty-three, to wit, "The line on the northerly side of the northerly side . , . \ . • -^ of the river, river begins at the termination of the Ifiarbor line of eighteen hundred and fifty-five, at the south-westerly corner of the pile wharf of the gas company, marked *A' on said plan and runs south-westerly in a straight line to the outer angle of the stone wharf, next westwardly from the said pile wharf, marked 'B' on said plan ; thence westwardly in a straight line to the south-easterly corner of the solid abutment at the northerly end of the eastern railroad bridge, marked 'C on said plan ; thence west- wardly in a straight line to the south-westerly corner of the pile wharf of the plaster mill, marked 'D' on said plan ; thence westwardly, more northerly, in a straight line, at an angle of one hundred and seventy-three de- grees and thirty-five minutes with the last named line, a distance of eight-hundred feet to a point marked 'E' on said plan ; thence westwardly more northerly, in a straight line, at an angle of one-hundred and seventy-eight degrees and fifty-five minutes with the last named line, a distance of eight hundred feet, to a point marked 'F'. on said plan ; thence westwardly, more southerly, in a straight line, at an angle of one hundred and seventy-six degrees and forty-five minutes with the last named line, a distance of six hundred feet, to a point marked 'G' on said plan ; thence westwardly, more southerly, in a straight line at •234 . HARBOR OF PORTLAND. an angle of one hundred and sixty-six degrees with the last named line, a distance of six hundred feet, to a point marked 'H' on said plan ; thence westwardly, still more southerly, in a straight line, at an angle of one hundred and seventy-one degrees and ten minutes with the last ■ named line, a distance of six hundred and fifteen feet, to a point marked 'I' on said plan ; thence north-westwardly on an arc of a circle of three hundred and forty feet radius, of which the last named line is tangent, a distance of about five hundred and eighty-three feet, to a point marked 'J' on said plan ; thence northerly, in a straight line tangent to said circle, to a point on the south-easter- ly side of the Boston and Maine railroad bridge, distant two hundred feet south-westerly from the stone sea wall at the north-easterly end of said bridge, measuring along the easterly side thereof, to a point marked 'K' on said plan. The lines on the southerly side of the river are located in two sections. In section one, beginning at a point marked 'A' on said plan, on the westerly side of ^Southerly side, Poi'tland bridge in line with the sea wall of the Dry Dock section one. company's wall extended, which point corresponds with the point of intersection of the commissioners' line of eighteen hundred and fifty-five ; with the said westerly side of said bridge ; the line runs south-westerly in a straight line at an angle of one hundred and six degrees and forty-six minutes with said westerly side of said bridge, a distance of six hundred feet to a point marked 'B' on said plan ; thence more westerly in a straight line, ' :at an an angle of one hundred and sixty-three degrees and forty-five minutes, with the last named line a distance of six hundred feet to a point marked 'C on plan ; thence still more westerly in a straight line at an angle of one hundred and sixty-four degrees and fifty-five minutes, with the last named line, a distance of six hundred feet to a point marked 'D' on said plan ; thence westerly, in a straight line, to the westerly corner of the solid abutment on the southerly end of the Eastern railroad bridge, marked 'E' on said plan ; thence westerly, in a straight line, at an angle of one hundred and thirty-seven degrees and ten minutes, with the westerly side of said railroad bridge, a HARBOR OF PORTLAND. 235 distance of one thousand feet, to a point marked 'F' on said plan ; thence westerly, more southerly, in a straight line, at an angle of one hundred and seventy-two degrees and forty-five minutes with the last named line, a distance of six hundred feet, to a point marked 'G' on said plan ; thence westerly, more southerly, in a straight line, at an angle of one hundred and forty-one degrees and thirty minutes with the last named line, a distance of six hundred feet, to a point marked 'H' on said plan ; thence southerly, in a straight line, at an angle of one hundred and forty-four degrees and ten minutes, with the last named line, a distance of one hundred feet, to a point marked ^I' on said plan. On section two, beginning at a point marked 'K' on said plan, at the northerly corner so^tjje,iy gi^e of the solid abutment on the westerly end of the Boston section two. and Maine raili'oad bridge, the line runs southerly in a straight line, to the north-westerly coi-ner of the Rolling Mills bridge, marked 'L' on said plan ; thence south- easterly, in a straight line, to a point on the SQuth-easterly • sideof Yaughan's bridge, distant three hundred and forty feet south-westerly from the easterly corner of the abut- men on the southerly side of the draw-way opening in said bridge, marked 'M' on said plan ; thence southerly, more easterly, in a straight line, at an angle of one hundred and fifty-seven degrees and thirty-five minutes with the last named line, a distance of six hundred and fifteen feet to a point marked 'N' on said plan ; thence in a straight line easterly, at an angle of one hundred and fifty-five degrees and five minutes with the last named line, a distance of six hundred feet, to a point marked 'O' on said plan ; thence in a straight line easterly, a little northerly, at an an angle of one hundred and sixty-one degrees and ten minutes with the last named line, a distance of six hundred feet, to a point marked 'P' on said plan ; thence in a straight line easterly, more southerly, at an angle of one hundred and fifty degrees and thirty minutes with the last named line, a distance of six hundred feet, to a point marked 'Q' on said plan ; thence in a straight line southerly, at an angle of one hundred and thirty-eight degrees and forty minutes with 236 HARBOR OF PORTLAND. No wharves to extend be- yond harbor harbor lines. Ibid. § 2. Wharves. &c. within harbor to be built by- permission of Harbor Commission- ers. Permission i*e- corded with city clerk. Existing rem- edies extended Ibid. § 3. C. 78, Laws of 1876 shall not apply to Port- land Harbor. Act 1877, c. 383. C. 654, of 1856 and c, 544,! 1874 continued In force. Ibid. Power of Har- bor Commis- sioners. the last named line, a distance of six hundred feet to a point marked 'R' on said plan. 1 1 . No wharf or incumbrance of any kind shall here- after be erected or extended into said fore river, beyond either of said lines ; and no wharf, erection or incumbrance or alteration or enlargement of any wharf, erection or incumbrance heretofore made, built or erected, shall hereafter be made between the lines of Portland harbor as heretofore established, and high water mark, or with- in the lines established by this act and high water mark, without the written permission of the commissioners of the harbor and tidal waters of the city of Portland, therein describing the extent and character of the work so per- mitted ; such permission by them subscribed shall be left with the clerk of the city of Portland, to be by him recorded, before such work shall be commenced. Any wharf, erection, incumbrance or alteration or enlargement of the same, made contrary to these provisions, shall be deemed a public nuisance and liable to abatement. 12. All remedies by indictment, injunction or otherwise heretofore existing and given for violation of any pro- visions of law relating to Portland harbor are hereby extended to violations of the provisions of this act, and this act shall not be held to repeal any previous act relating to said harbor, or in any manner to abridge the powers of said commissioner over the same. 13. Chapter seventy-eight of the public laws of eighteen hundred and seventy-six shall not apply to Portland harbor, or to the harbor commissioners of Portland harbor. 14. Chapter six hundred and fifty-four of the special laws of eighteen hundred and fifty-six, being "an act to preserve the harbor of Portland," and chapter five hundred and fifty-four of the special laws of eighteen hundred and seventy four, being "an act to establish the line of Portland harbor in Fore river," shall continue in full force and effect, and said harbor commissioners shall continue to exercise all the powers conferred upon them by said special laws, and shall have and exercise all the powers which are conferred upon the municipal oflScers of towns by said chapter seventy-eight. HARBOR OF PORTLAND. 237 15. The Atlantic and St. Lawrence Railroad Company AUanticand and its lessees, are hereby authorized to build and main- sl Lawrence tain in the waters of Portland Harbor, and in front of ofGait'8 any lands now owned or leased by said parties or which wharf to be may be hereafter purchased or leased, a wharf or wharves g^™ yon^i ° extending into said waters to a distance not exceeding conunissioi>- two hundred feet beyond the harboi* line eastward of era'Une. Gait's wharf provided that the consent of the harbor commissioners of Portland or the city council of Port- land shall first be obtained. Ordinances. 1 . There shall be elected annually, on the second Harbor master Monday of the month of March, or as soon there- tobeap- ^ 1,1. .1 . . pointed. after as may 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; and he shall be sworn to the To be sworn. faithful performance of his duty. He shall receive such compensation for his services as the city^council o™p®°^^<*"- shall establish, and shall be removed at their pleasure ; okl March 29, and in ease said office shall be vacant at anytime, i^^o.andre- •^ enacted in such vacancy shall be filled forth^vith, in the manner Rev.ord.i868. prescribed. 2. It shall be the duty of the harbor master to take Duties of Har- charge and see to the preservation of the harbor, *'^'^™^'®^' within the limits of the city of Portland, and extend- ing 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 ma^^or send 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 .,. .111 . stones, ftc, be thrown or deposited, m said harbor, any stones, not to be fijrayel, cinders, ashes, dirt, mud, or other substance thrown into *-' harbor. » Harbor master may be appointed by towns also; 1872, c. 53. 238 HARBOR OF PORTLAND. which may in any respect tend to injure the naviga- tion thereof. And any person violating the foregoing provisions of this section, shall for each offense be liable to a penalty of fifty dollars. Rules for regu- 4. The foUowing rulcs are adopted for the regula- lation and ,. , . ^ i'«iii management tion and management ot vessels m said harbor, viz : of vessels. I. All of said harbor west of what is called Hog 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 OM. Sept. 14, intended to be conveyed to some wharf immediately, 1869. shall be anchored on the south side of a line ranging with the red buoy near the north-east end of the breakwater, and the south-east end of Portland, Saco and Portsmouth railroad wharf, up to abreast the end of Brown's wharf. III. Outward bound vessels shall be anchored, between the first days of the months of May and November, north of a line rano-ino: from the end of Atlantic depot wharf, to Little Hog Island; and between the first days of the months of November Asamendedby and May, north of a line ranging from the easterly !^'^-^^?-^^' comer of the coal-wharf of the Ocean Steam Nav- 1859, and Rev. ord. 1868. igation 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 ia their jib-booms, 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 HARROR OF PORTLAND. 239 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 pq^sage of steamers to and from their respective places of landing. Penalty for 5. If any of the preceding rules shall be violated, violation of the master or owTier of the vessel, by means of ^^.^^°^ which said violation shall occur, shall for each offense be subject to a penalty of twenty dollars. vessels 6. If any vessel shall be anchored contrary to any anchored con-- 1 M 1 • 1 T . 1 trary to rules. of the rules prescribed m the preceding section, the NoHcetobe harbor master shall forthwith give notice to the ^1^°*^-, o master, &c., master or owner thereof, to remove said vessel at ofVessei. once ; and if the same is not done without delay, or in case there is not a sufficient crew on board for that purpose, the harbor master shall cause such ^ , ^ , *^ ^ ' Vessels to be vessel to be removed at the expense of the owner or removed at master therof. And if the master or owner shall IZ!^^1 neglect or refuse to pay said expense on 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. HaAvkers and Pedlers. Statutes. , 1. Pedling forbidden, except bj'^ license, under penalty. 2. County commissioners may license. Disabled soldiers. 3. Rates, — non resident, wholesale, retail. 4. County commissioners to furnish blank licenses signed by them to clerk of courts. 5. Clerks to pay money received for licenses to State treasurer. 6. License to be exhibited when required ; penalty for refus- ing. 7. Penalties, how recoverable. 8. Provisions respecting carriages. • 1. No^ person, except as hereinafter provided, shall travel from town to town, or place to place, in any town Pedling for- ^^ ^j^jg State, on foot, or by any kind of land or water bidden, except . ' , ^ . . , by license, Conveyance, carrying lor sale, or offering tor sale, any under penalty, aoods, wares or merchandise, whole or by sample, under §\ "' ' " ' a penalty of not less than fifty nor more than two hun- dred dollars, and the forfeiture of all property thus unlawfully carried. But this provision shall not apply to commission merchants and commercial brokers, trav- Exceptions. elling from place to place in the city or town where they reside, and selling or offering to sell goods by sample or otherwise ; nor to any citizen of this Stat^^ selling any fish, fruit, provisions, farming utensils or other articles lawfully raised or manufactured in this State. 1 This statute does not apply to goods foi-warded from without the State upon the order of a purchaser, though such order was procm-ed through an agent of the seller's who was unlawfully traveling and offering goods con- trary to this provision. Whole statute discussed. Burbank v. McDuffee, 65 Maine, 135. See also Commonwealth v. Farnum, 114 Mass., 267. 2 Similar statute pronounced constitutional. Commonwealth v. Ober, 12 Gushing, 493. HAWKERS AND PEDLERS. 241 2. The county Commissioners may license for the pur- county Com- pose aforesaid, any person who proves to their satisfaction inissioners ^ ' J r- L jjj^y. license, that he sustains a good moral character, and has been five and whom, years a citizen of the United States, and such licenses and what paid, shall expii-e 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 twen- ty-five dollars ; and said county treasurers shall pay all moneys received by them for such licenses into the treasury Disabled or the State ; but soldiers of this State, disabled in the soldiers, recent war of the rebellion, shall have their licenses free. 3. Any person receiving a license under the provisions Ratesof of section two, chai^ter forty-four of the Revised Statutes, ^^^^^^ '«' non-resident shall, if he is not a resident of this State, or if he is sellers; at acting as agent, clerk or servant of any person who is retail, twenty- not a resident of this State, or corporation not located in at wholesale, this State, pay for such license, if he is to sell or offer to fifty doUars. sell by retail, twenty-five dollars ; if by wholesale, fifty ' ' ' dollars. 4. Said commissioners shall furnish the clerk of the court ^i^Sl^neS to a sufficient number of blank licenses, signed by at least a f^eng^^gj^^^ majority of them, to meet all calls therefor ; and they tjl^jj^^ierk shall be charged to him, and he shall account therefor of courts. =' ' He tx> account once in three months to said commissioners. for them once in three 5. All moneys paid for such licenses, shall be paid to months. the clerk of the court, and by him paid to the State § 3. ' treasurer or deposited in the nearest bank, where State's ^money*^^*^ funds are deposited, or such other place as is agreed upon [^enJes^to*^' with the State treasurer, once in thi-ee months, except vvifatt^obe^^^' fifty cents for each license, taking receipts therefor. Such allowed clerk receipts, licenses not issued, and fifty cents for each ^ycommis- license issued and recorded, shall be allowed to such clerk payment. by said commissioners on payment for signed licenses ^^^^- § *> received by him. 6. Every person who receives a license under this act. Licenses to be shall exihbit it at all times when required by any trial exhibited to justice, constable or other peace officer, and upon re- &c., whenre- fusal, he shall forfeit the sum of fifty dollars ; and the quired; and carriages, goods, wares and merchandise of such person, ^ef^gaL 242 HAWKERS AND PEDLERS. Seizure and sale of carriages, goods, &c., may be made upon com- plaint and conviction. Ibid. § 5. Penalties and forfeitui-es, how recov- erable, and to whose use accruing. Arrests author- ized, and recognizance for appear- ance before S.J. C. required. Commitment in case of de- faull^ and detention, for- feiture and Bale of prop- erty. Ibid. § 6. Provision respecting carriages. Ibid. § 7. which he is then and there employing u«der such license,' • upon complaint before any justice of a police or municipal court, or any trial justice in said county, may be seized on his warrent, and detained in the custody of the officer until payment of said penalty or the discharge of the accused ; and if he is convicted and said property is not redeemed within twenty days thereafter, it shall be forfeited, and sold as if taken on execution, and the net proceeds distributed as hereinafter provided. 7. Such penalties and forfeitures may be recovered by indictment, or by action of debt, in the name of the prosecutor, one-half to the use of the town where the offence is committed, and the other to his own use ; and any trial justice or justice of police or municipal court, on complaint for a violation of this act, may issue his warrant and cause the arrest of the accused and the seizure of the property alleged to be forfeited, and if upon examination he shall find there is probable cause to believe that the person charged is guilty, he shall order him to recog- nize with sufficient sureties, to appear before the next supreme judicial court for said county, and in default thereof commit him, and order the detention of said property by the officer in whose custody it is, until trial in said court, and in cases of conviction said property shall be decreed forfeited to the uses aforesaid, and be sold as if taken on execution. 8. Every person licensed shall have painted on some conspicuous place on every carriage employed by him, in letters at least one inch wide, his name and the words, LICENSED BY C. C. Hay. Statutes. 1. Pressed hay in bundles to be branded; unless branded, forfeited. 2. Sworn weigher shall not purchase more hay than he needs. 3. Penalty for taking pressed hay on board vessels not branded. 4. City hay scales. 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 withont authority. Penalty. 4. Fees for weighing. 5. Hay pressed. &c., need not be weighed, Statutes. 1 . All hay pressed and put np in bundles shall have ^^!^^^ written, printed or stamped on bands or boards made fast marked with to the same, the first letter of the christian, and the whole "^me of per- - ., - , , 1 ,,. ,, 1 son putting up of the surname of the person^ puttmg up the same, and game. with the name of the state, and the place where such R. s.,i87i,c.38, , . . , jx • J! 1 § 52, amended person lives. And any person offermg for sale or i,y igri, c •>24. shipment, any pressed hay not marked as aforesaid, shall be liable to a fine of one doUar for each bale so offered, to be recovered by complaint before any court of competent jurisdiction. w i h r f 2. No sworn weigher of hay shall purchase more hay bidden to deal than is necessary for his own use. j^j^ '' 3. If the master of any vessel takes on board pressed penalty for hav not marked as aforesaid, he shall forfeit one doUar taking un- marked hay for each bundle so received, to be recovered as in section on board fifty-two, chapter 224, Laws of 1874. vessels. 1 See Pickard v. Bayley, 46 Maine, 200; Buxton r. Hamblen, 32 Maine, 448 ; Foye o. Southard, 54 Maine, 147. .. y^^^^^^^ ^nd Measures." 244 HAY. City may keep 4. Any city may purchase and keep for use scales for scales and weighing hay and other articles, appoint weighers and fix R. s. li?!, c. 43, their fees, to be paid by purchaser. §5. Ordinances. 1. There shall be chosen annually, on the second Weighers of i hay to be Monday of the month of March, or as soon there- dut^^^ '^^^^^ ^^^^^ ^^ ^^^3^ ^^' ^y ^^^^ ^^^y council, one or more weighers of hay, 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 Port- land for sale, and such other articles as may be offered Bonds to he ^^ ^^ weighed. They shall ^ive bonds to the city in given. c) ./ c «/ such sum as the mayor and 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 receive Compensation, 'such Compensation as they shall deem just and reason- ^.^I'/f^''^' .-, able, to be paid out of the moneys received as fees 1865, § 1, and _ ^ ^ -^ Rev. ord. 1868. for Weighing hay and other articles. Hay or straw 2. No pcrsou sliall Sell or offcr for sale any hay or without bein"^ straw without having the same weighed by the city weighed. wcighcr of hay, and a ticket signed by said weigher ^" certifying the quantity each load, bale or parcel con- tains, on penalty of forfeiting the hay or straw so sold or offered 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 withouT ^^ ii^ accordance with the provisions of the first section authority. Qf ^j^jg ordinance, who shall weigh any hay or straw brought into this city for sale or shall permit or allow such hay or straw to be weighed upon any HAY. 245 scales belonging to him or them, shall forfeit and pay Penalty. a sum not exceeding twenty dollars to the use of the iwa. § 3. city. 4. The weigher of hay shall be allowed to demand fees for and receive from any person offering any hay, straw, or other 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. 5. The provisions of this ordinance shall not apply Hay pressed .1 jii. -i-in 11 and in bundles to hay pressed and put up into bundles or bales, as need not be required by law, intended for shipment or for sale weighed, without being 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. Eestrictious on such persons ; may be removed if refrac- tory ; 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. Kemoval of infected prisoners from places of confinement. 13. Order for removal, how returned. Such a removal not an escape. 14. Health committee, how chosen ; their duties. 15. If no committee chosen, selectmen to perform the duties. 16. May 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 from ^ 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. 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. HEALTH. • 247 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, free. 36. By-laws may be established. UNWHOLESOME PRO^HESIONS AND DRINTCS. 37. Selling unwholesome provisions and drinks, &c, 38. Adulterated sugar and molasses not to be sold. 39. Vinegar, manufacturing and selling impure. 40. Lead-poison vinegar, penalty for selling. 41. Vinegar, inspectors of. 42. Fresh meat and fish, sale of, regulated. Penalties. CONTAGIOUS DISEASES AMONG CATTLE. 43. Infected cattle to be isolated. Maintenance. Owners must isolate them, when. 44. Animals to be examined. May be killed, when. 45. Cattle killed to be appraised. 46. Further powers to city officers. 47. Passage of animals, how regulated. 48. Regulations to be recorded and published. 4^. Sale of infected animals prohibited. Penalty. 60. Disobedience of orders of mayor, &c., how punished. 51. Knowledge, &c., of disease to be reported. Failure, how punished. 52. Neglect, &c., of officers, penalty for. 53. Appraisals, how made; to whom certified. 54. Further powers of cities. Amount of appraisal, how paid. Owner dissatisfied, his remedy. Amount to be reim- bursed. 55. Notice to governor, &c. 56. Commissioners may be appointed ; powers of, &c. 67. Regulations by comissionei:s to supersede others. Muni- cipal authorities to enforce directions of commissioners. 58. Glanders. 69. Medical act. Disposition of dead bodies. 15 248 * HEALTH. 60. Man's consent to anatomical use of his body. 61. Medical school has body under some cii'cumstances. 62. Notice to municipal officers. 63. Duty of medical school. 64. Claim of family or next of kin. 65. Penalty for violation of this act. 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. Fresh fish, wher« sold. 13. Same subject. 14. Ofiensive substances not to be thrown into wells. 15. Unwholesome provisions not to be sold. 16. Kegulations respecting hog-sties. Penalty. 17. House ofial. 18. City cart to collect oflfal. 19. Mayor and aldermen to appoint person to have charge of cart. 20. Oflkl to be delivered to person appointed. Penalty. 21. No other person to collect offal. Penalty. 22. Vaults, &c., in unhealthy condition to be cleansed. 23. Persons in tenements, where too numerous, or unprovided with vaults, may be removed. Penalty. 24. Hides or leather not to be exposed in streets. Penalty. 25. Harbor master and city physician, duty of, in relation to quarantining vessels. 26. Privy vaults, emptying. 27. " " persons licensed to clean. 28. " " Bond. . 29. ** " Cart. 80. •' " Permit. 31. " " time of empyting. 32. " " Penalty. 33. " " Repeal by former ordinances. INTERMENT OF THE DEAD. 34. Superintendent of burials. Authority. Subject to regu- lations of mayor and aldermen. HEALTH. 249 35. Superintendent to be chosen annually. To give bonds and be sworn. 36. His duties. 37. Superintendent to have care of funeral cars. 38. Undertakei-s to be appointed and licensed. May employ porters. May be removed. Penalty for acting as under- takers without license. 39. No interment to be made without license. What time interments may be made. 40. Undertaker's fees. 41. Depth of graves. 42. No body of deceased persons to be removed out of city for interment without permission. Superintendent to attend to removal. 43. Undertakers to make returns. 44. Bodies not to be removed from graves without permit. 45. '* when to be removed from city tomb. 46. Superintendent to remove bodies. 47. Bodies not to be interred in city cemeteries, except, &c. 48. Mayor and aldermen may close tombs. 49. " " may make regulations respecting interments. 50. Hack drivers forbidden to transport bodies. 51. Penalties. Statutes. CONTAGIOUS DISEASES. 1. When any person is, or has recently been infected Precautiona with any disease or sickness dangerous to the public f^'^^^ted health, the municipal officers of the town where he persons. is, shall provide for the safety of the inhabitants, as R- S- isri, c. 14^ 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, other- wise that of the town to which he belongs. 2. When any infectious or malignant distemper is Precautions known to exist in any place out of the State, the go^s^^^^ng: municipal officers of any town in the State, by. giving from infected public notice therein, as they find convenient, may re- ij!^*^5^2 quire any person coming from such place to inform one 1 Such expenses must be borne by town. Kennebunk r. Alfred, 19 Maine, 221 ; Orono r. Peavey, 66 Maine, 60. See also Haverly v. Bass, 66 Maine, 71. 250 HEALTH. Restrictions on such persons; may be removed if refractory. Penalty if they return. Ibid. § 3. Precautions authorized in border towns. llbid. § 4. Process for removal or separate accommoda- tion of infected persons. Jbid. § 5. 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. 3. Said officers may prohibit a person, required to give such information, from going to any part of their town where they think his presence would be unsafe for the inhabitants ; and if he does not comply, they may order him, unless disabled by sickness, forthwith to leave 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 dis- temper, in the place where he resides, he returns to any town in this State without the license of the municipal officers thereof, he shall forfeit not exceeding four hun- dred dollars. 4. The municipal officers of any town near to or adjoining the line of the State, may appoint by writing under their hands, suitable persons to attend at any places 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 public health, and if need be, may restrain them from travelling 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, directed to a proper officer, requiring him to remove any person infected with contagious sickness, under the direction of the municipal officers of the town where he is ; or to impress and take np convenient houses, HEALTH. 251 lodgings, nurses, attendants, and other necessaries for the accommodation, safety and relief of the sick. 6. When, on the application of the municii>al officers process for of a town, it appears to any justice of the peace that securing in- there is just cause to suspect that any baggage, clothmg j^^^j ^ g or goods 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 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. 7. He may by the same warrant, if it appears to him ^ . -J '' T vr Justice may by- necessary, require said officers, under the direction of warrant re- the municipal officers, to impress and take up convenient ^^'^ officers . -i-i-ito cause them houses or stores for the safe keeping of such infected to be removed articles, and cause them to be removed thereto, or other- to suitable wise detained, until the municipal officers think they are „ . , ' ' ^ ^ Ibid. § 7. free from infection. 8. Said officers, if need be, may break open any powers of house, shop, or other place mentioned in the iv^arrant officers in ,.„,., , . !•! • executing where infected articles are, and require such aid as is guch process. necessary to execute it ; and all persons at the command lud. § 8. of either of said officers, under a penalty of not exceed- ing ten dollars, shall assist in such execution. 9. The charges of securing such infected articles and Expenses, how of transporting and purifying them shall be paid, by the p^*^- owners thereof, at the price determined by the municipal officers. 10. "When the officer impresses or takes up any houses, compensation stores, lodging, or other necessaries, or impresses any for men or man, as herein provided, the parties interested shall have impressed. a just compensation therefor, to be paid by the town in ibid. § lo. which such persons or property were impressed. 11. When a malignant infectious distemper prevails in Adjournment ^ ^ ^ ^ *■ of courts any town wherein the supreme judicial court or court of because of county commissioners is to be held, said courts may be ^^^^^^""^ adjourned and held in any town in said county, by pro- iwd. § ii. 252 HEALTH. Removal of infected pris- oners from places of con- finement. Ibid. § 12. Order for re- moval, ho"W returned. Such removal - not an escape. Ibid. § 13. Health com- mittee, how chosen; their duties. Ibid. § 14. If no committee chosen, muni- cipal officers to perform the duties. Ibid. § 15. May order removal of private nuisances; proceedings thereon. Ibid. § 16. clamation made in such public manner as the courts judge best, as near their usual place of meeting as they think safety permits. 12. When any person in a jail, house of correction, or workhouse, is attacked with any disease, which the muni- cipal officers of his towu, by medical advice, consider dangerous to the safety and health of other prisoners, or 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 a judicial process, the order for his removal, or a copy thereof attested by the municipal officers, shall be returned by them with the doings thereon into the office of the clerk of the court from which such order or process was issued. No such removal shall be deemed an escape. 14. A town at his annual meeting, may choose a health committee of not less than three nor more than nine, or one person to be a health officer ; who shall remove, at the expense of their town, all filth found in any place^ therein, which, in their judgment, endangers the lives or health of any inhabitant ; and require the owner or occu- pant, 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 such committee or officer, the municipal officer shall be a health committee, and have all their powers and perform all their duties. ^ 16. When any source of filth, or other cause of sick- ness, is found on private property, the owner or occupant thereof shall, within twenty-four hours after notice from the said committee or officer, at his own expense, remove or discontiue it ; and if he neglects or unreasonably * In order to amount to a nuisance it is not niecessaiy that there shoiild be actual corruption ot the atmosphere. 11 is enough M effluvia is ofleucive, and renders habitations uncomfortable. Wesson v. Iron Co., 13 Allen, 95. * Full discussion of what makes a nuisance and of power of town author- ities, in Baker v. Boston, 12 Pick., 1S4; Xorcross v. Thomas, 51 Maine, 503; Swett V. Sprague, 55 Maine, 190; Wightman v. Bristol, 65 Maine, 426. " HEALTH. 253 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 occu- pant, or by the person who caused or permitted it. 17. If a master, seaman, or passenger of a vessel, in Masters, &c., which there is any infection, or has lately been, or is sus- of vessels may pected to have been, or which has come from a port where ^^ ^^^ ^^ any infectious distemper prevails, dangerous to the public certain cases, health, refuses to answer, on oath, such questions as are ibid. § n. 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. 18. When a vessel arrives at a port in this State^ vessels with having on board any person infected with a malignant gonTto anchor disease, the master, commander, or pilot thereof shall at a distance anchor it at some convenient place below the town of such ^^™ towns, 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. 19. For the wilful violation of the provisions of the ^aitrf r preceding section, such master or commander shall forfeit violation of not exceeding two hundred, and the pilot not exceeding tiiis provision, fifty dollars for each offense. . ^^^' ^ ^^' 20. The municipal officers of a seaport towu may selectmen may cause any vessel arriving there to perfonn quarantine at estabUsh such place and under such regulations as they may judge regulations, expedient, when they think the safety of the inhabitants requires it ; and whoever neglects or refuses to obey such ^^^^ orders and regulations, shall forfeit not exceeding five thereof, hundred dollars, or be imprisoned not exceeding six ibid.520. months. 21. When such officers of a seaport town think it Duty of pilots necessary to order all vessels, arriving there from any to give notice particular port or ports, to perform quarantine, they shall i^ia. 521. give notice thereof to the pilots of their port ; who shall make it known to the master of all vessels which they 254 HEALTH. Punishment for violation or evasion of quai-antine after notice. Ibid. § 22. Municipal officers to fur- nish signals. Restrictions of persons visit- ing vessels at qurantine. Jbid. § 23. Health com- mittee may exercise authority of selectmen, relating to quarantine. Ibid. § 24. Quarantine expenses, how paid. Ibid. § 25. Hospitals may be established. Restrictions as to location. Ibid. § 26. 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. 22. When the master or commander of a vessel takes it up to any seaport town, after notice that a quarantine has been so directed for all vessels coming from the port or place whence his vessel sailed, or by false declarations, or otherwise, fraudulently attempts to elude such direc- tions ; 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 requir- ing vessels to perform quarantine shall provide, at the expense of such town, a suitable number of red flags at least three j^ards 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- after held liable to the same regulations and restrictions as those belonging to said vessel ; and shall there be detained by force, if necessary, until duly discharged by said officers. 24. In every seaport town where there is a health com- mittee or officer, he may perform all the duties and exercise all the authority of the municipal officers in requiring vessels to perform quarantine. 25. All expenses incurred on account of any person, vessel, or goods, under quarantine regulations, shall be paid by him, or the owner of the vessel, or goods, as the case may be. 26. A town may establish therein one or more hospitals for the reception of persons having the small pox or 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 shall be within one hundred rods of an inhabited dwelling house in an adjoining town without the consent of its municipal officers. HEALT.H. 255 27. If any person inoculates himself or any other per- Restrictions on son, or suffers himself to be inoculated with the small pox, inoculation unless at some lawful hospital, he shall forfeit not exceed- pox. ing one hundred dollars for each offense. ibid. § 27. 28. When a hospital is so established or licensed, the Physicians and physician, the persons inoculated or sick therein, the others liable to hospital regu- nurses, attendants, and all persons who come within its laUons. limits, and all furniture or other articles used or brought ii>id. §28. there, shall be subject to the regulations made by the municipal oflScers. 29. When! the small pox or any other disease danger- Hospitals to be ous to the public health breaks out in a town, the municipal breaking out oflScers shall immediately provide such hospital or place of infectious of reception for the sick and infected, as they judge best ^^^ong for the accommodation and safety of the inhabitants ; and ibid. § 29. such hospitals and places shall be subject to their regula- tions 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 immediate 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. 30. When any disease dangerous to the public health precautions to exists in a town, the municipal oflScers shall use all possi- present the . \ ^ spread of such ble care to prevent its spread and to give public notice of diseases. infected places to travelers, by displaying red flags at ibid. §30. proper distances, and by all other means most effectual, in their judgment, for the common safety. 31. If any physician or other person in such hospitals penalty for or places of reception, attending, approaching, or con- violation of cemed therewith, violates any lawful regulation in relation uiauons by thereto, with respect to himself or his or another's property, persons sub- 1. . .1 ^ * ... 1 ., . .1 i_ ject thereto, he shall forfeit not less than ten, nor more than one hun- j^.^ ^gj dred dollars for each offense. 32. When a householder or physician knows that a Householders person under his care is taken sick of any such disease, J^i^^^^o^*^^ he shall immediately give notice thereof to the municipal of infectious diseases under 1 For duty of physician and town authorities, see Seavey v. Preble, 64 ^^^^ ^^' Maine, 120. Ibid. § 32. 256 HEALTH. officers of the town where such person is ; and if he neglects it he shall forfeit not less than ten, nor more than thirty dollars. Forfeiture, 33. All forfeitures mentioned in the preceding sections, howrecovered except otherwise provided, shall inure to the use of the and appro- ^ where the offense is committed. priateu. Ibid. §33. BOARD OF HEALTH. 34. A town may choose a board of health of not less 'ciwose^*^ than three nor more than nine persons, who shall have board all the powers, and be subject to all the duties, restric- of health; tions, liabilities, and penalties of the municipal officers, T^«^ e „. and health committee or officer. Ibid. § 34. 35. The mayor and aldermen of any city, and the tion. selectmen of any town or planta,tion, shall annually, on 1873, c. 149. the first of March, in each year, or oftener as they may deem prudent, provide for the free vaccination with the cow pox, of all the inhabitants over two years of age, within their respective localities, the same to be done under the care of skilled practising physicians, and under such circumstances and restrictions as the said authorities may adopt for the effectual vaccination of said inhabitants. By-laws mav ^^' Towns may establish by-laws for the prese^ation be estabUshed. of health, and for protection against infectious diseases. R. S., 1871, c. 14^ §36, UNWHOLESOME PROVISIONS AND DRINKS. 37. Whoever sells any diseased, corrupted, or un- wholesome wholesome provision for food or drink, knowing it to be provisions such, without informing the buyer ; or fraudulently adul- anddrmks. terates, for the purpose of sale, any substance intended selling veal of for food, or any wine, spirits or other liquors intended a calf less f^j. (j^iuk qq ^s to render them iniurious to health, shall than four ... weeks old. be punished by imprisonment not more than five years, R. s., 1871, or by a fine not exceeding one thousand dollars ; and c. 128 5 1. whoever knowingly sells or offers for sale as food any veal killed before the calf was four weeks old, with- out informing the buyer, shall be punished by a fine of not more than twenty dollars, or by imprisonment not more than thirty days. 38. No person shall knowingly, or wilfully or malicious- ly sell or offer, or expose for sale, within this state, any HEALTH. 257 sugar, refined or not, or any molasses, which has been adulterated with salts of tin, terra alba, glucose, dex- Adulterated . ^ sugar and trine, starch sugar, or other preparations from starch, molasses not No person shall adulterate any sugar or molasses within ^ ^^ sold, this state. Any person guilty of violations of these Punishment, provisions shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not more than one year. 39. Whoever manufactures for sale, or knowingly Manufacturing offers or exposes for sale, or knowingly causes to be or selling im- branded or marked as cider vinegar, any vinegar not i^^.g^g^!'' the legitimate product of pure apple juice, known as apple cider, and not made exclusively of said apple cider, but into which any foreign substances, ingredients, drugs or acids have been introduced, as shall appear by proper tests, shall, for each such offense, be punished by a fine of not less than fifty nor more than one hundred dollars. 40. Whoever manufactures for sale, or knowingly Poison vinegar, offers or exposes for sale, any vinegar found upon ibid. §2. proper tests, to contain any preparation of lead, copper, sulphuric acid, or other ingredient injurious to health, shall, for each such offense, be punished by a fine of not less than one hundred dollars. 41. The mayor and aldermen of cities shall, and the inspectors of selectmen of towns may, annually appoint one or more ^^^®&^^- persons to be inspectors of vinegar, for their respective ^^^' ^ ^' places, who shall, before entering upon their duties, be sworn to the faithful discharge of the same. SALE OF MEATS AND FISH. Fresh meat and 42. Any city may establish localities for, and regulate power to the sale of fresh meat and fish, therein, and fix penalties regulate sale for breach thereof. ^ g^ ig^i^ p 3, CONTAGIOUS DISEASES AMONG CATTLE. J ^\^ Penalties. 43. The njunicipal oflScers of cities in case of the existence in this State of the disease called lung murrain Cattle infected or pleuro pneumonia, or any other contagious disease jifge^se to be among cattle, shall cause the cattle in their respective isolated, cities which are infected, or which have been exposed to RS^'i^-i'^"' 258 HEALTH. Maintenance. Owners may be directed to isolate in- fected cattle. Animals to be examined. Ibid. § 38. Infected cattle may be killed if necessary. Cattle killed to be appraised. Ibid. § 39. Further powers to city officers. Ibid. § 40. Passage of animals, how regulated. Ibid. § 41. Regulations to be recorded and published. Ibid. § 42. Sale of infected animals pro- hibited. infection, to be secured or collected in some suitcable place or places, within such city, and kept isolated ; and when taken from the possession of their owners, one-fifth is 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 long as the existence of such disease or other circumstances render it necessary, or they may, direct the owners thereof to. isolate such cattle upon their own premises, and any damage or loss sustained thereby shall be paid as aforesaid. 44. The municipal officers shall, within twenty-four hours after they have notice of the existence of such disease, or have reason to believe it exists, cause the suspected animals to be examined by a veterinary surgeon or physician, by them selected, and if they be adjudged to be diseased, they may at their discretion, order them to be forthwith killed and buried at the expense of such town. 45. The mayor and aldermen shall cause all cattle which they shall so order, to be killed, to be appraised by three competent and disinterested men, under oath, at the value thereof at the time of appraisal and the amount of the appraisal shall be paid as above provided. 46. They may prohibit the departure of cattle from any enclosure, and exclude cattle therefrom. 47. They may make regulations in writing to regulate or prohibit the passage from, to or through their respec- tive cities or from place to place therein, 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 meas- ures for the enforcement of such prohibition, and for preventing the spread of any such disease among the cattle in the towns and cities, and the immediate vicinity thereof. 48. Such regulations shall be recorded in the records of their towns, and shall be published in these towns in such manner as such regulations provide. 49. Any person who sells or disposes of any animal which is infected or known to have been exposed to inf ec- HEALTH. 259 tion within one year after such exposure without the ibid. §4;5. knowledge and consent of the municipal oflScers, shall be punished by fine not exceeding five hundred dollars or by Penalty, imprisonment not exceeding one year. 50. Any person disobeying the orders of said munici- pal oflScers and aldermen, made in conformity with the ^. ^ ,.,.,, \ "^ Disobedience fortieth section of chapter 14, R. S., 1871, or driving or of orders of transporting any neat cattle contrary to the regulations "^^^^^ ^^^ 1 ,- - ,,.,,„ aldermen. made, so recorded and published as aforesaid, shall be ^.^ , ,. ' J Dia. § 4-t. punished by fine not exceeding five hundred hollars or by _how pun- imprisonment not exceeding one year. ished. 51. Whoever knows or has reason to suspect the exist- Knowledge or ence of any fatal, contagious disease among the cattle in suspicion of his possession or under his care, shall forthwith give reported, notice to the municipal officers of the city where such ^'^^- § ^5. cattle may be kept, and for failure so to do, shall be pun- ^'aiiire, how ished by a fine not exceeding five hundred dollars or by ^ imprisonment not exceeding one year. 52. Any towu whose officers shall neglect or refuse to ^refusai^f city carry into effect the above provisions, shall forfeit a sum ^j^[J^ not exceeding five hundred dollars for each day's neglect. ^^^^- § ^^• 53. All appraisals made under the provisions of this p®°^ ^^' . Appraisals, act shall be in writing and signed by the appraisers, and how made, the same shall be certified to the governor and council ^^'<^- § ^''• and to the treasurer of the towns wherein the cattle "^rtified. appraised belong, by the municipal officers. 54. The municipal officers of towns may, when they Further deem it necessary to can-y into effect the purposes of this ^mlg'^^ ^' act, take and hold possession for a term not exceeding j^id. § is. one year within their respective towns, of any land, with- out buildings other than barns thereon, for enclosing and isolating any cattle ; and they shall cause the damages sustained by the owners in consequence thereof, to be appraised by the assessors thereof, and they shall further cause a description of such land, setting forth the bounda- ries thereof, and the area as nearly as may be estimated, together with said appraisal, to be entered upon the records of the town. The amount of said appraisal shall be paid appraisal, as provided in the thirty-seventh section of said chapter, how paid, in such sums and at such times as they may order. If 260 HEALTH. Owner dissat- isfied, may maintain action. Amount to be reimbursed. Notice to gov- ernor and secretary of board of agriculture. Ibid. § 49. — to commis- sioners in certain cases. Commissioners maybe appointed. —powers of Ibid. § 50. —neglect or refusal to obey. —bow pun- ished. Regulations made by com- missioners to supersede all others. Ibid. § 51. City authorities to enforce directions of commis- sioners. 1879, c. 147. Glanders. Act for promo- tion of medi- cal science. 1881, c. 93. Having bodies unlawfully in possession. Penalty. such owner is dissatisfied with the appraisal, he may in an action of the case recover from the town or city wherein the lands lie, a fair compensation for the damages sus- tained by him ; but no costs shall be taxed, unless the damages recovered in such action, exclusive of interest, exceed the appraisal of the assessors. And the State shall reimburse any town four-fifths of any sum recovered of such city in any such action. 55. Whenever such disease exists in any town, the municipal oflScers shall forthwith give notice thereof to the governor and secretary of the board of agriculture ; but if commissioners have been appointed as hereinafter provided, such notice shall be given to them. 56. The governor may, when he deems it expedient, appoint commissioners who shall have full power to make all necessary regulations, and to issue summary orders relative thereto, for the treatment and the extripation of any contagious disease among cattle, and may direct the municipal officers to enforce and carry them into effect; and any such officer or other person refusing or neglect- ing to enforce, carry out and comply with any regulation of the commissioners shall be punished by fine not ex- ceeding five hundred dollars, or by imprisonment not exceeding one year for every such offence. 57. When said commissioners shall^ake and publish any regulations, such regulations shall supersede the regulations made by the municipal officers during the time those made by the commissioner are in force. 58. The above sections relating to contagious diseases among cattle are made to fully apply to horses affected with glanders or any other contagious disease. 59. Whoever willfully and knowingly shall have in his possession, for anatomical purposes, the body or any part thereof, of any person dying within this State, unless the same shall be obtained in the manner provided by section two of chapter thirteen of the revised statutes, or in the manner provided by this act, shall be punished by impris- onment of not more than five years, or by fine not exceed- ing three thousand dollars. HEALTH. 261 60. If any person, a resident of this State, requests or ^of^t,o^* ^ "^^ consents during Ms life that his body, may be delivered anatomical ° J T J science. to a regular physician or surgeon, for the advancement of ibid. § 2. anatomical science, after his death, it may be used for that purpose, unless some kindred or family connection makes objection. 61. The body of any person dying in this State, which Body for med- shall not be claimed, reasonable notice being given for ^^a^ sciiooi. burial by the family or next of kin of such person, shall be subject to the use of the medical school of Maine, for anatomical purposes, as hereinafter provided, and if, at at any time said school shall receive a greater number of bodies than it needs for the instruction of its students, it shall be authorized to deliver the excess to any regular physician or surgeon, for the same purpose in this State. y city char- as aforesaid ; and the person so appointed may oni., ises. appoint a deputy, w^hen he may deem it necessary. ofraitobe de- 20. All persons shall promptly deliver the offal so u^eredto . , .J person so accumulated on their premises to the person appointed appointed, as aforesaid to receive the same. And if any person Rev. ord., ises. shall neglect to provide suitable vessels for the 2QS HEALTH. No other per- son to collect offal. Ibid. Penalty. Vaults and privies in unhealthy condition to be cleansed. Ibid. In case of neg- lect or refusal, to be done by mayor and aldermen at expense of owner. Mayor and aldermen may remove per- , jsons from tenements where too numerous or xmprovided with vaults. Ibid. deposit of such 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. 21. No person shall go about collecting any house offal, consisting of animal or vegetable substances, or carry the same through any of the streets, lanes, or courts of the city, except the person appointed as aforesaid, or his deputy, under a penalty of not less than two nor more than tvv^enty dollars for each and every offense. 22. Whenever any vault, privy, or drain, shall, in the opinion of the mayor or health officer, by its filth or dirt, become dangerous to the health, or prejudicial to the comfort of the citizens, the agent, occupant, or other person having charge of the land in 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 by the mayor, any alderman, or the city marshal. In case of neglect or refusal for the space of five days, the mayor and aldermen shall cause the same to be removed, cleansed, altered, amended or repaired, as they may deem expedient, at the expense of owner, agent, occupant, or other person, as aforesaid. 23. Whenever, upon due examination, it shall appear to the mayor and aldermen that the number of persons occupying any tenement or building in the city, is, so great as to be the cause of nuisance and sickness, and the source of filth, or that any tenements or buildings are not furnished with suitable vaults, privies, or drains, they may thereupon issue their notice in writing to such persons, or any of HEALTH. 269 them, requiring them to remove from and quit, such tenement or building within such time as the ma^'or 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 than fifty dollars, to p^^^^j^ be recovered of the owner or owners if they shall have knowingly permitted the same to be occupied. 24. Xo person shall hang or spread, or expose in any street, lane, alley, court or public place, any Hides or J.,, , , 11. 1.1 leather not to raw, driea, tanned, or dressed skms, hides or be exposed in leather, under a penalty of net less^ than three streets, nor more than ten dollars for each offense. 25. The harbor master and city physician shall Harbormaster perform such duties, relative to quarantining ves- g^iantoper- sels, as may be required by the mayor and alder- form duty in men, and shall receive therefore such fee and expenses qxiarantining from each vessel visited, liable to be quarantined, as vessels. may be fixed by the mayor and aldermen. i869. 26. No person, except as hereinafter provided, shall empty or remove the contents of any privy vault within the limits of the city of Portland, or attempt so to do. '^-^'o" 27. The Board of Health, annually^ shall license vaults. in writing such number of persons as they may judge i^'g. necessary to open, clean out, and remove the contents of privy vaults, subject to dismissal for cause, and subject to the ordinances of the city and all present and future regulations of the board of health. 28. Each person thus appointed shall execute to the city a bond in the penal sum of two hundred Bond, dollars, with sufficient surety or sureties, conditional ^^''• that he will speedily and faithfully perform the work 270 HEALTH. Cart. Permit. Ibid. Time. Ibid. Penalty. Ibid. Repeal. Ibid. and will observe all the laws of the State, ordinances of the city, and regulations of the board of health in opening, cleaning and emptying vaults. 29. Each person, so appointed, before doing any work, shall provide himself with a close covered and water tight cart of the size and description prescribed by the committee on health, and shall receive for each load of night soil filling the capacity of said cart, taken from any privy vault and transported and buried in a place at least three feet below the surface of the ground, to be approved by said committee, such sum as the committee on health may from time to time determine. 30. Each person so licensed, before opening or emptying any privy vault, shall obtain a permit in writing from the committee on health, or some person appointed to issue such permit, and in such permit shall be prescribed through what streets and by what route the night soil shall be transported. No such permit shall be granted between the first day of July and first day of October, and no vault shall be emptied between these dates except by express order of the committee on health. 31 . No privy vault shall be emptied or the contents or any part thereof conveyed through any part of the city except between the hours of ten at night and sunrise of the following morning, nor shall any cait or vehicle containing such contents be permitted to stand in any part of the city, except while loading. 32. Any person violating any of the provisions of the foregoing sections shall forfeit and pay to the use of the city not less than three dollars nor more than twenty dollars. 33. Sections twelve and thirteen of the revised ordinances of eighteen hundred and sixty-eight, relat- ing to health, are hereby repealed. HEALTH. 271 INTERMENT OF THE DEAD. 34. The department relative to the interment of the dead shall be placed under the control of one superintendent to be called the superintendent of ^^p^^^"^*^* burials, who shall ex-officio be an undertaker, whose ^^^ ^^ ^^^ duty it shall be, and he shall have power, to carry see also ord. into execution all power and authority vested in the ^emlte^^^^ city council relative to the interment of the dead, the establishment of the policb of the cemeteries and ^^'^^^'y- bur^nnor orrounds, and the reo^ulations of funerals and ^ , ^^ ^ •^ «5 ^ ' ^ . To be subject funeral processions, subject always to the authoiity tothereguia- and control of the mayor and aldermen ; and it shall andawe^en^ be the duty of said superintendent to carry into effect t^ ^^^ ^^^ the ordinances of the city council and the laws of the ^f^^ ^^^ ^■ , ^ dlnances, &c. State relative thereto. So. Said superintendent shall be appointed annually, superintendent on the second Monday of the month of March, or as annually, soon thereafter as may be, by the mayor, by the n)i Commonwealth v. Arnold, 4 Pick,, 251. 3 Shaw r. Berry, 31 Maine, 478; Norcross r. Norcross, 53 Maine, 163. 284 INNHOLDEKS, ETC. JLoss by fire. Loss by negli- gence of guests. 14. In case of loss by fire, innholders shall be answer- able to their guests only for ordinary and reasonable care in the custody of their baggage or other property. 15. An innholder against whom a claim is made for loss sustained by a guest, may in all cases, show that such loss is attributable to the negligence of the guest himself or to his noncompliance with the regulations of the inn ; provided, such regulations are reasonable and proper and are shown to have been brought to the notice of the guest. For lien of see Title " Fire Depaktment." innholders Description of marks of soda water and ginger beer manufacturers to be see R. S., 1871' flied in clerk's office. c. 91, § 38, and gee act 1874, c. 249. laws 1876, c. 99. \ Intelligence Offices, Statutes. 1. Municipal officers may license. 2. Penalties how recovered. 1. The municipal officers of any town may, upon pay- » ,„ , ,. .11 Municipal ment of one dollar each, grant licenses to suitable persons officers may for one year, unless sooner revoked after notice and for license intern - cause, to keep offices for the purpose of obtaining employ- ment for domestics, servants, or other laborers, except seamen, or of giving information relating thereto, or of doing the usual business of intelligence offices ; and no penalty, person shall keep such an office, without a license, under 1 f rtt> t tt f t ' ' R. S., 1871|C. 35, a penalty not exceedmg fifty dollars for every day it is so § e. kept. 2. The penalty provided in this chapter may be recovered penalties, how by complaint or indictment, in any court of competent juris- recovered an d appropriated. diction, for the use of the State, when not otherwise appro- ^.^ ^ . , , iDld. § 7. pnated. Jurors. Statutes. 1. Board for preparing lists of jurors; towns may make alterations. 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 tbree 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. 8. Grand jurors to serve on^ year; venires for such 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. Penalty for neglect of municipal oflicers or clerk. 16. Penalty for neglect of constable or town. 17. Penalty for neglect of juror to attend. 18. Penalty for fraud by town clerk or municipal officer. Board for pre- 1. The municipal officers, treasurer, and clerk of each ^i^"rf &T°* town constitute a board for preparing lists of jurors to R. s., 1871, he laid before the town for their approval ; and the town, c. 106, § 1. in 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. JURORS. 287 2. Such board, at least once in everyi three years, shall HowUsts are prepare a list of persons, under the age of seventy years, to be prepared r« 1 * • J • • u 1- I Ibid. §2. as qualified to serve as jurors ; and in preparing such list amended by they shall take the names of such persons only as are of 1878, c. 4. good moral character, of approved integrity, of sound judgment and well informed, and qualified as the consti- tution directs to vote for representatives in such town. "When a new list is made, the municipal offices shall transfer from the old tickets to the new, of the same persons, the minutes of the draft made within the three preceding years. 3. The following persons shall be exempted from serv- Persons ex- ing as jurors, and their names shall not be placed on the g^ing. ^™ lists : the governor, councillors, judges, and clerks of the R. s.,i87i,c. 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 gos- X^el, officers of colleges, preceptors of incorporated acad- emies, physicians and surgeons, cashiers of incorporated banks, sheriffs and their deputies, coroners, counsellors and attorneys at law, county commissioners, constables, and constant ferrymen. Enginemen shall be excused unless towns otherwise decide. [See title "Fire Depart- ment."] 4. After^ the list of jurors is approved by the town, the Tickets of board shall write their names upon tickets, and place them ^eptin jury in the jury box, to be kept by the town clerk ; and the box., &c. persons whose names are in the box shall be liable to be ^^^- 5 *• 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. 5. Each town shall provide, and constantly keep in the ^nii™berre- ' , , , . , quired to be box, a number of names ready to be drawn when required, ^ept in jury not less than one, nor more than two for every hundred box &c. persons in the town, according to the census taken next ibid. §5. before preparing the box ; and the board shall withdraw 1 The fact that a juryman is over the exempted age la not reason for Invalidating a verdict, Monroe v. Brigham, 19 Pick., 368. * A county is not chargeable in trustee process for compensation of a juror, ordered to be paid from county treasury. Williams r. Boardman, 9 Allen, 570.J 288 JUKORS. Commissioners to divide the county into jury districts, &c. Ibid. § 6. Rule by which the clerk shall issue venires. Ibid. § 7. Venires. Grand jurors to serve one year, &c. Ibid. § 8. See also R. S., c. 82, § 71. Jurors to attend on the first day of the term, &c. R.S.,1871,c. 106,§ 15. Venires, duties of sheriffs in relation to dis- tribution of. Constable shall notify inhab- itants, &c. Ibid. § 9. from it the name of any person convicted of any scanda- lous crime, or guilty of any gross immorality. 6. Within one year after every new census, and oftener if a considerable change of population renders it proper, the county commissioners shall divide their county into not less than four, nor more than twelve districts numeri- cally designated ; and they shall place as many adjoining towns in each district, as will make the number of inhab- itants in each, according to the last census, as nearly equal as may be, without dividing a town ; and shall deliver a copy of such division immediately to the clerk of the courts in their county. 7. The grand and traverse jurors shall be drawn from each jury district in such manner as to cause jurors, at each term of the court, to come from every part of the county as equally as may be, and, as far as practicable, from every town in rotation, having regard to the number of its inhabitants, taking not more than two grand jurors and two traverse jurors from the same town at the same time, unless from necessity, or some extraordinary cause, or to equalize the service ; and the clerk of the courts shall issue venires to the constables accordingly. 8. Venires for grand jurors, to serve at the supreme judicial court, shall be issued as least forty days before the second Monday of September annually ; and they shall serve at every term of said court for the transaction of criminal business during the year. Venires for traverse jurors shall be seasonably issued before each term of the court, and at such other times as the court orders. 9. The grand and traverse jurors shall attend on the first day of the term for which they are drawn and sum- moned ; unless the court at a previous term has designated a different day ; and if so, the venire shall specify the day on which the jurors shall attend. 10. The sheriff on receiving such venires for jurors shall immediately send them to the constables of the towns where 'directed, and each constable on receipt thereof shall notify the inhabitants of the town, quali- fied to vote for representatives, and especialy the municipal oflacers and town clerk, by posting notices in two public JURORS. 289 and conspicuous places in said town at least four days —notice, how before such meeting, to assemble and be present at the s^^^^- draft of the jurors called for ; which shall be six days at least before the time when the jurors are ordered to attend court. 11. The town clerk, or, in his absence, one of the „ ^ ,^ ' ' Mode of draw- municipal officers, shall carry the juror box into the meet- ing jurors, &c. ing, which shall there be unlocked, and the tickets mixed ^- ^'' ^- ^^» by a majority of said officers present ; and one of them shall draw out as many tickets as there are jurors, and the persons whose names are drawn shall be returned as jurors unless they have served on the jury within three years, or from sickness, absence beyond sea, without the limits, or in distant parts of the State, they are considered by the town unable to attend. 12. In either of said cases, or if a person is drawn who g^^^ gubect has been appointed to an office exempting him from itid. §12. serving, others shall be drawn in their stead ; but any person thus excused, or returned and attending court, and there excused, shall not be excused on another draft, though within three years ; and when all the per- sons whose names are in the box, have served within three years, or are not liable to serve, the selectmen shall draw out the required number of those who have not served for eighteen months ; and the clerk shall certify on the venire, that all persons whose names are in the box have served within three years, or are not liable to serve. 13. When a juror is drawn and not excused by the ^ ^ •* . . 1 „ Date of draft to town, the municipal officers who drew his ticket shall be indorsed on indorse thereon the date of the draft and return it into ^^ ^^^®'' ., , Ibid. §13. the box. 14. The constable shall notify the persons thus drawn ^ , Constables to four days at least before the sitting of the court, by notify jurors, reading the venire and indorsement thereon to them, or and return leaving at their usual place of abode a written notice g Qreeni., 333. that they have been drawn, and of the time and place of ibid. § 14. the sitting of the court where they are to attend ; and make a seasonable return of the venire with his doings thereon. 290 JURORS. Penalty for neglect of officers. Ibid. § 16. Penalty for neglect of constable or town. Ibid. § 17. Penalty for neglect of juror to attend. Ibid. § 19. Penalty for fraud by town officers. Ibid. § 20. 15. If the municipal officers or town clerk neglect to perform their duties herein required, so that the jurors called for from their town are not returned, they shall be fined not less than ten, nor more than fifty dollars each. 16. Any constable, neglecting to perform his duties herein required, shall be fined not exceeding twenty dol- lars ; and any town for a like neglect of its duties shall be fined not exceeding one hundred dollars. 17. Any juror who, after being notified and returned, unnecessarily fails in his attendance, shall be fined as for contempt, not exceeding twenty dollars, unless he resides in Portland, and then not exceeding forty dollars. 18. Any town clerk or municipal officer, who commits a fraud on the box previous to the draft, in drawing a juror or in returning a name into the box, which had been fairly drawn and drawing another in its stead, or in any other mode, shall be fined not exceeding two hundred dollars, half to the use of the State and half to the pros- ecutor. Lamps and Lamp Posts, Statute. Injuries to lamps and lamp posts. Ordinances. 1. Committee on lamps and lamp posts to be appointed. To cause lamps to be set up at corners of streets. 2. Mayor and aldermen to make contracts, roles and regula- tions. 3. Lighting and extinguishing lamps forbidden. 4. Trees and lamp posts legally established. 6. ♦' " *' ". •♦ located, how. 6. " *♦ •* *** " " when. 7. '' " " «« Record. Statute. "Whoereri willfully and maliciously removes, defaces, injuries to or injures any lamp, or lamp post, or extinguishes any montunents, lamp on any bridge, street, way, or passage, shall be ^pg ^j., punished by imprisoument less than one year, and by fine R.s.,i8n,c. not exceeding one hundred dollars. 127, §i4. Ordinances. 1. There shall be appointed in the month of March, see Trees, annually, a joint committee of the city' council, to be ^i^^*^Y° called the committee on lamps and lamp posts, to con- i^™? P^^^ts to sist of one member of the board of mayor and Rev. om., W aldermen, and three members of the common council, to cause lamps and said committee shall cause to be set up and affixed lamps at the comers of such streets in the city as they may determine to be convenient and necessary. 2. The mayor and aldermen of the city, are here- aldermen to by authorized and empowered to make all necessary °**^® ^^■ , 11. . tracts, rules contracts, rules, orders, and regulations respecting andreguia- » See act isn, c. 178; 1872, c 2. 292 LAMPS AND LAMP POSTS. Ibid. the said lamps, and the lighting and keeping the same in repair, and the regulation and preservation of the same, as they may deem most for the benefit of said city. No person, 3, j^q person, without authority of the municipal authority shau officers, or from the Gas Light Company, shall light eltin^ish ^^ extinguish any street lamp, under a penalty not lamp. less than five dollars, nor more than ten dollars for orrS^Mi. eachofi"ense. 1870. 4. All trees, lamp posts, posts and hydrants, now Aifi^Tposts! pla-ced and being within the limits of the streets of &c. the city, are hereby declared to be and shall be taken 4^vpTi for legally estab- ^^ ^^ legally established and located. lished. 5. Lamp posts, and posts for protecting them, may ^ oTtsTc may ^® locatcd withiu the limits of any street of the city, be legally by the joiiit Committee of the city council on lamps ibir ^^^ lamp posts under existing ordinances, or by direc- tion of the city council. 6. Any tree, lamp post, post or hydrant, or any post for the protection of the same, shall be taken to When any tree, ]^e leo^allv established within the limits of any street &c. shall be ^ , . , . 1 , -. -, 1 • , taken as le- 01 the City, whcu it has bccu located therein by order gaily located. ^^ ^^^^ approval of the mayor, or joint standing committee on streets, sidewalks, and bridges, or street commissioner. 7. When an order is given, under the provisions of Record. ^^^^^ Ordinance, it shall be recorded by the city clerk lud. in a book provided for that purpose and kept in his office. Leather. statutes. 1. Manufacturer may stamp his name on leather, &c. 2. Inspectors of sole leather ; their appointment ; fees. 3. Mode of inspecting and stamping. 4. Taxes. Ordinance. Hides not to be exposed in street. Statutes. 1. Every manufacturer of leather, and of boots and shoes, of any description, shall have the exclusive right oMeather'^^ of stamping them with the initials of his christian, and boots and the whole of his surname ; and such stamping shall be ^^^^^ ™^J considered a warranty that the article is merchantable, name thereon, and well made of good materials ; and if any person *^' ° ' *^ ^ R. S., 1871, C. 39. fraudulently stamps any such articles with the name or § 25. stamp of any other person, he shall be punished by a fine not exceeding twenty dollars, or imprisonment not exceedmg six months. 2. The municipal officers of each town, when they Appointment, deem it expedient, may appoint one or more suitable oath, duties ./ 1 i and fees of inspectors of sole leather, who shall be duly sworn, and inspectors of receive such fees from their employer, as said officers sole leather, establish ; and when paid by the seller, to be repaid to ^^^^^- § ^■ him by the buyer ; and when requested, shall go to any place in their town to inspect any sides of sole leather, which had not been inspected according to law in this State. 3. Each inspector shall provide himself with a proper Mode of in- apparatus, with which he shall weigh and stamp every specting and ., ^ , , , . , , , . . . , . , stamping sole Side or sole leather inspected by him, with the weight leather, &c. thereof, his surname, and the name of his town ; and on ibid. §27. all sole leather made of good hides, and in the best man- ner, the word, "best," shall be stamped ; on all made of 294 LEATHEE. , For provisions such Mdes in a merchantable manner, the word, "good ;" relating to and on all other, the words, "second," or "third quality," hides and "damaged" or "bad," according to the fact ; and if any leather, person counterfeits, alters or defaces such mark, he shall c 38, §34. ' forfeit twenty dollars for each offense, half to the town and half to the person suing therefor. Assessors to he 4. All persons engaged in the business of tanning furnished leather in this State, shall, on or before the first day of with account » m • i. n • ^ j. l.^ ^ U.1 -i of hides and -^P^^^ ^^ ^^^^ jear, furnish to the assessors of the city, leather on town or plantation where such persons are carrying on tax^'ion^ Said business, a full account, on oath, of all hides and 1872, c. 23. leather on hand received by them from without the State, 'S)^^^*^ ^^^^' ^ ^^^ ^^^^ ^^^ hides and leather on hand from beasts slaugh- tered in this State, which last named hides and leather shall be taxed in the town where tanned. Ordinance. Nqi person shall hang or spread, or expose in any Hides or street, lane, alley, court or public place, any raw, bTexp'ijsedki dried, tanned, or dressed skins, hides or leather, streets. under a penalty of not less than three nor more than Kev.Ord.1868. ^^^ j^^^j.^ f^^, ^^^^l offeUSe. 1 See "Health." Libraries. Statutes. 1. Towns may establish libraries, and raise money therefor. 2. Towns may receive donations therefor. 3. Penalty for defacing books and pictures. 1 . Any town is authorized to establish and maintain a Towns may public library therein, for the use of the inhabitants, and estabUsh pub- provide suitable rooms therefor, under such regulations ^^c Ubraries. for its government as the inhabitants from time to time 55,69. prescribe ; and appropriate, for the foundation and commencement of such library, a sum not exceeding May raise one dollar, and for its maintenance and increase an- °^°°®y ^^' ' for. nually, a sum not exceeding twenty-five cents, for each Yb^^ of its ratable polls in the year next preceding. 2. Any town may receive, in its corporate capacity, and May receive hold and manage, any- devise, bequest, or donation, for ^onattons^or the establishment, increase, or maintenance of a public that purpose, library therein. iwd. § 10. 3. Whosoever wantonly mars, defaces Of injures any book, picture, statue or painting belonging to any public defacing library, or library of any association opened to the pub- books and lie, in this state, shall be punished by a fine not exceeding ten dollars, to be recovered before any court competent to try the same. 18 pictures. 1877, c. 161. Lumber. Statutes. \ 1. Towns to elect surveyors of boards, plank, timber, joist, shingles, clapboards, staves, hoops, and cullers of staves and hoops. Municipal oflicers may appoint surveyors of logs. All to be sworn. 2. All boards, plank, timber and joist to be surveyed before delivery on sale. Mode of measuring and marking same, and allowances. What kind of pine boards are mer- chantable, and what may be shipped out of the United States. SHINGLES AND CLAPBOARDS. 3. Dimensions and quality of shingles Nos. ] , 2, and 3. 4. How shingles shall be split or sawed and packed. Forfeit- ure of shingles if deficiency of five in any bundle of No. 1, or if ofiered for sale before they are surveyed and branded. 5. Dimensions and quality of clapboards. STAVES AND HOOPS. 6. Dimensions and quality of staves, and how enumerated. 7. Dimensions and quality of hogshead hoops ; how packed and enumerated ; and forfeiture of deficient bundles. 8. Not to be ofi'ered for sale, before surveyed and branded and certificate given, under a penalty. Forfeiture for mas- ter of vessel unlawfully exporting same, for first and second ofience, and appropriation thereof. 9. Master or owner to produce surveyor's certificate before clearance, and aflid^vit thereto. 10. Penalty of surveyor or culler to neglect or refuse oath of office, and for neglecting or practicing fraud in his official duties. 11. Penalty and forfeitures, how recovered. LOGS. 12. Duty of surveyors of logs. Towns to elect surveyors of 1- Every to WD, at its annual meeting, shall elect one lumber. or more surveyors of boards, plank, timber, and joist ; 41 §14 ' ^ ^^^ ^^ more surveyors of shingles, clapboards, staves and LUMBER. 297 hoops ; and every town containing a port of delivery, whence staves and hoops are usually exported, shall also elect two or more viewers and cullers of staves and hoops ; and the municipal oflScers or any town may, if they deem it necessary, appoint not exceeding seven surveyors of logs, and all of said oflBcers shall be duly sworn. 2. All boards, plank, timber, and joist, offered for Lumber to be sale, shall, before delivery, be surveyed by a sworn surveyed be- surveyor thereof, and if he have doubts of the dimen- ^^^^ <^e"^ery. sions, he shall measure the same, and mark the contents thereon, making reasonable allowance for rots, knots, and splits, drying and shrinking ; pine boards three-fourths of an inch thick when fully seasoned, and in that proportion when partly seasoned, shall be considered merchantable ; and no pine boards, except sheathing boards, shall be shipped for exportation beyond the United States, but such as are square edged, not less than seven-eighths of an inch thick, nor less than ten feet long, under penalty of being forfeited to the town whence shipped. SHINGLES AND CLAPBOARDS. 3. All shingles, packed for exportation beyond the State, shall be sixteen inches long, free from shakes andquauty and worm holes, and at least three-eighths of an inch o/ shingles thick at the butt end when green, and if of pine, free j^j^j c'lg from sap. They shall be four inches wide on an average, not less than three inches wide in any part, hold their width three fourths of the way to the thin end, well shaved or sawed, and be denominated number one ; but shingles intended for sale within this State, if of inferior quality or of less dimensions, may be surveyed and classed accordingly," under the denominations of number two, and number three. 4. All shinsfles shall be split or sawed crosswise the „ , , , ^ ^ How shingles grain; each bundle shall contain two hundred and fifty shau be split, or sawed and packed, Ac. shingles, and if in square bundles, twenty-five courses, and be twenty -two inches and a half at the lay ; and when packed to be surveyed as nimiber one, or for exportation. Ibid. § 17. ;298 LUMBER. ' if in any bundle there are five shingles deficient in the proper dimensions, soundness or number, to make two hundred and fifty merchantable shingles ; or if any shingles are offered for sale, before they are surveyed and measured by a sworn surveyor of some town in the county where made, and the quality branded on the hoop or band of the bundle, unless the parties otherwise agree, they shall be forfeited to the town where the offense is committed. Dimensions ^' ^^^ clapboards, exposed to sale or packed for expor- and quality of tation, shall be made of good sound timber, free from clapboards, gi^akes ^i^j ^orm holes, and if of pine, clear of sap ; and they shall be at least five-eighths of an inch thick on the back or thickest part, five inches wide and four feet six inches long, and straight and well shaved or sawed. STAVES AND HOOPS. 6. Staves packed for sale or exportation shall be well Dimensions and quality of and proportionably split, and of the following dimen- staves.and sions, viz. : how GnuiHcr* ated. White oak butt staves, at least five feet in length, five Ibid. §19. inches wide, and one inch and a quarter thick on the heart or thinnest edge, and every part thereof ; White oak pipe staves shall be at least four feet and eight inches in length, four inches broad in the narrowest part, and not less than three-quarters of an inch thick on , the heart or thinnest edge ; White or red oak hogshead staves shall be at least forty- two inches long, and not less than half an inch thick on the least or thinnest edge ; White or red oak barrel staves for a market out of the United States, shall be thirty-two inches long ; if for use within the United States, thirty inches long ; and in either case half an inch thick on the heart or thinnest edge ; All white or red oak hogshead or barrel staves shall be at least, one with another, four inches in breadth, and no one less than three inches in breadth in the narrowest part ; and those of the breadth last mentioned shall be ..clear of sap ; and two staves shall be sold as one cast ; LUMBER. 299 fifty casts, one hundred staves ; and ten hundred, one thousand. 7. All hogshead hoops, exposed for sale, or packed for Dimensions exportation, shall be from ten to thirteen feet in length, and quality of and of oak, ash or walnut, and of good and suflScient hoops; how substance, well shaved ; if of oak or ash, at least one inch packed, &c. broad, and, if of walnut, three-quarters of an inch at the ^^^- ^ ^' least end ; the different lengths shall be made up in bundles by themselves ; each bundle shall contain twenty-five hoops, four bundles make one hundred, and ten hundred, one thousand ; and every bundle, packed for sale or exportation, found to be deficient in number or dimensions, shall be forfeited to the use of the town where exhibited. 8. No person shall deliver on sale, or ship or attempt The articles to ship for exportation, any boards, plank, timber, joists, named, not to shingles, clapboards, staves, or hoops, before they have be offered for goiA Ac been surveyed, measured, viewed or culled, as the case n)id.*§2i! may be, and branded by the proper oflBcer, and a certifi- cate thereof given by him specifying the number, quality and quantity thereof, under a penalty of two dollars a thousand, by quantity or tale, as such article is usually sold, one-half to the town where the offense is committed, and the other to the prosecutor ; and in addition thereto, the master or owntr of any vessel, exporting any of the articles aforesaid beyond the limits of the United States contrary to law, shall for the first offense forfeit two hun- dred dollars for the use of the town whence said articles are exported ; and if after conviction he commits a second offense in the same vessel, he shall forfeit the same sum, and the vessel, if found in this State, shall also be for- feited to the same use. 9. The master or owner of any vessel, having any Magteror of the lumber or other articles mentioned in the preceding owner to pro- section on board, for exportation as aforesaid, shall before or?^^&^te the vessel is cleared at the custom house, produce to the before clear- collector a certificate from the proper oflScer, that ance, &c. the same have been duly surveyed, measured, viewed, 1^1^.522. or culled, as the case may require ; and such master or owner shall likewise make oath before the collector, or any 300 LUMBER. Penalty for surveyor or culler to neg- lect or refuse oath of office, &c. Ibid. § 23. Penalties, how recovered. Ibid. §24. Duty of sur- veyors of logs. Ibid. § 25. justice of the peace, whose certificate shall be returned to the collector, that the articles so shipped for exportation are the same articles thus surveyed, measured, viewed or culled, that he has no others on board of the like descrip- tion, and that he will not take any others. 10. If any person, duly elected a surveyor, measurer, viewer or culler of any of said articles under the provis- ions of this chapter, neglects or refuses to take the oath of his office and to serve therein, he shall forfeit three dollars to the use of the town, and another person shall be elected to his place, who shall take the oath and serve as aforesaid under the like penalty ; and the like proceedings shall be had, until the office is filled ; or if any such officer duly qualified unnecessarily refuses or neglects to attend to the duties of his office when requested, he shall forfeit three dollars ; and if he connives at or willingly allows any breach of the provisions hereof, or practices any other fraud or deceit in his official duties, he shall forfeit thirty dollars to the use aforesaid. 11. All the pecuniary penalties aforesaid may be recovered by action of debt, indictment, or complaint, and all other forfeitures, by a libel filed according to law by the treasurer of the town interested therein, or by any inhabitant thereof. 12. Surveyorsof logs may inspect, 1 stirvey and measure all mill logs floated or brought to market, or offered for sale in their respective towns and divide them into several classes, corresponding to the different quality of boards and other sawed lumber, which may be manufactured from them ; and they shall give certificates under their hands, of the quantity and quality thereof to the person at whose request they are surveyed. 1 His decision, in absence of fraud, conclusive. Berry v. Reed, 53 Maine, 487. For liens on lumber and their enf orcement.see R. S., 1871, c. 91, §§ 34 and 35. Lunatics. Statutes. 1. Municipal officers may decide on cases and commit to hospital with certificate, and keep record. 2. May certify inability of relations to support. 3. Towns to pay for pauper insane persons. 4. Towns liable when persons are unlawfully committed. 5. Towns have remedy against persons liable for support of insane pauper. 6. Those liable for support may apply for discharge of patient. 7. Overseers of poor to remove, when notified. 8. How person discharged to be removed. 9. Towns of less than 200 inhabitants not liable for removal. 10. Insane persons having no legal settlements, expenses how to be paid. 1. All insane persons, not sent to any insane hospital, shall be subject to examination, as hereinafter provided. Municipal offi- The municipal oflScers of towns shall constitute a board ^^^^esand^ of examiners, and, on complaint in writing of any rela- commit to tive or justice of the peace of their town, they shall ^rtm^te^*^ immediately inquire into the condition of any insane per- keep a record son therein ; call before them all testimony necessary for °' doings. a full understanding of the case ; and if they think such 143, §12.' person is insane, and that his comfort and safety, or that of others interested, will thereby be promoted, they shall forthwith send him to the hospital, with a certificate, stat- ing the fact of his insanity, and the town in which he resided or was found at the time of examination, and direct- ing the superintendent to receive and detain him till he is two physi- restored or discharged by law, or by the superintendent c^a^s required » ^ , , 1, , 1 i, ., . to establish and trustees. And they shall keep a record of their insanity. doings, and furnish a copy to any interested person 1874, c.256. requesting and paying for it. In preliminary proceed- not treated as ings the testimony of two respectable physicians is insane person. required to establish insanity. Clause eight, section four jg!Lg ^' jj^" 302 LUNATICS. May certify inability to pay for his support, and treasurer may charge State one dollar per week. R. S. 1871, c. 143, § 13. 1873, c. 151. of chapter one of Revised Statutes, relatimg to non-com- pos persons does not apply to this section. 2. The oflScers ordering the commitment of a person unable to pay for his support, may certify in writing to the trustees that fact, and that he has not relations liable and of sufficient ability to pay for it ; and if the trustees are satisfied that such certificate is true, the treasurer of the hospital may charge to the State one dollar per week for his board, and deduct it from the charge made to the patient or town for his support. Towns, where insane person resided or was found, pay for sup- port, unless a bond given for it. R. S., 1871, c. 143, §18. Do so when unlawfully committed, and expense of removal. Ibid.[§ 19. Towns have remedy against the person, or those liable for his sup- port as a pauper. Ibid. § 20. 1872, c. 54. EXPENSES OF SUPPORTING THE INSANE AT THE HOSPITAL. 3. The certificate of commitment to the hospital, after a legal examination, shall be sufficient evidence, in the first instance, to charge the town, where the insane re- sided, or was found at the time of his arrest, for the expenses of his examination, commitment, and support in the hospital, but when his friends or others file a bond with the treasurer of the hospital, such town shall not be liable for his support, unless new action is had by reason of the inability of the patient or his friends longer to sup- port him ; and such action may be had in the same manner, and before the same tribunal, as if he had never been admitted to the hospital. 4. The person or town, liable for the support of a person when lawfully committed to the hospital, shall be liable therefor, and for the expenses of his removal, when unlawfully committed and removed ; but the expenses of such removal are not to exceed ten cents per mile from the hospital to the place of commitment. 5. Any town, thus made chargeable in the first in- stance, and paying for the commitment and support of the insane in the hospital, may recover the amount paid of the insane, if able, or of persons legally liable, for his support, or of the town where his legal settlement is, as if incurred for the ordinary expenses of any pauper ; but if he has no legal settlement in the State, such ^ Hospital must be paid before right of action accrues. Bangor v. Fair- field, 46 Maine, 558. Original record of town admissible. Jay v. Carthage, 48 Maine, 353. See Waltham v. Brookline, 119 Mass., 479. LUNATICS. . 303 expenses shall be refunded by the State ; and the governor and council shall audit all such claims, and draw their warrent on the treasurer therefor.^ No insane person shall suffer any of the disabilities incident to pauperism, nor be hereafter deemed a pauper, by reason of such support. The time insane person is supported shall not operate on question of settlement. DISCHARGE OF THE INSANE. 6. When any friend, person, or town, liable for the support of any patient, who has been in the hospital six '^ig^g^ppo^'^^ months, not committed by order of the supreme judicial may apply for court, nor inflicted with homicidal insanity, thinks he is discharge. ' , . . 1 B.S., 1871,c. 143, unreasonably detained, he may apply to the municipal §21. officers of the town where the insane resides, and they shall inquire into the case, and summon before them any j^^jjcipai offl- proper testimony, and their decision and order shall be cers to decide, binding on the parties. They shall tax legal costs and decide who shall pay them. If such application is un- successful, it shall not be made again till the expiration of another six months. , 7. When the overseers of any town, liable for the overseers of support of a patient at the hospital, are notified by mail poortoremove by the superintendent, that he has recovered from his ^^^^^'o! insanity, they shall cause him to be removed to their j^^^ § 22. town ; and if they neglect it for fifteen days, the superintendent shall cause it to be done at the expense of such town. 8. When any patient is discharged from the hospital, ^^^ persons by the trustees, they shall cause the selectmen of the discharged town, or the mayor of the city from which such patient ^^^J^ ^' was received, to be immediately notified by mail, and on Town liable receipt of such notice said town or city shall cause such ^^^^^ patient to be forthwith removed thereto ; and if they removal, neglect such removal for thirty days thereafter, such ibid. §23. patient may be removed to said town or city by the trus- tees, or their order ; and the superintendent may main- tain an action in his name, against such city or town, for the recovery of all expenses necessarily incurred in the removal of such patient. « Bowdoinham v. Phlppsburg, 63 Maine, 497. 304 LUNATICS. Towns of less than two hundred in- habitants not liable for re- moval. Ibid. § 24. Judge of pro- bate may ap- point guar- . dians for persons sent to hospital ; their duties and compen- sation. Ibid. § 25. 9. The preceding sections shall not apply to towns having less than two hundred inhabitants ; but all insane persons found, and having their residence in such towns, who have no settlement within any town of this State, and who have no means of their own for support, or are without relatives able and liable to support them, shall be supported in the hospital at the expense of the State. GUARDIANS FOR SUCH AS ARE SENT TO THE HOSPITAL. 10. When any man or unmarried woman, of twenty- one years of age, is sent to the hospital for insanity, the municipal officers of the town where such insane resides, may apply to the judge of probate for the same county for the appointment of a guardian , when they think it for the interest of the insane and to prevent waste of his property, and the judge, on their certificate to that effect, without notice to the insane, shall forthwith appoint some suitable guardian of the same county, who shall give bond as in other cases, and have reasonable compensa- tion for his services, to be allowed by the judge and paid out of the estate ; but ^hall not be required to return any inventory, or exercise any other powers or duties of guardian for one year after his appointment, except to provide for the support of the insane and his family, and prevent waste of his property. Manufacturing' EstaTDlisli- ments. Statutes. 1. Exempt from taxation, not exceeding ten years, provided, &c. 2. Children under fifteen not to be employed. 3. Penalty. 4. No person under sixteen to be employed more than 10 hours a day. 1. All manufacturing establishments, and all estab- lishments for refining, purifying or in any way enhancing Manufacturing the value of any article or articles already manufactured, estabUsh- hereaftfer, erected by individuals, or by incorporated com- ^^^^* ^^' panics, and all the machinery and capital used for i864, c. 234, § i, operating the same, together with all such machinery aiidR.s.,i87i, hereafter put into buildings already erected, When the amount of capital invested exceeds the sum of two thous- and dollars, are exempted from taxation for a term not , ^ ' '^ —exempt from exceeding ten years from the time the city or town in taxation, not which such manufacturing establishments or refineries exceeding ten ° , years, may be located, shall in a legal manner assent to such exemption, which assent shall have the force of a _capitai. contract and be binding for the time specified, but all property so exempted shall be entered from year to year upon the assessment books and returned with the valua- tion of the several towns and cities, when required by the state for the purposes of makihg the state valuation. 2. No child can be employed or suffered to work in a cotton or woolen manufactory, without having attended a children under public school, or a private one taught by a person quali- is years of age fied to be a public teacher, if under twelve years of age, employed four months, if over twelve and under fifteen years of without proof age, three months of the the twelve, next preceding such r.s!!^iSi,c.^48' employment, in each year. A certificate under oath of § is. 1 See chapter on •• Taxes." 306 MANUFACTURING ESTABLISHMENTS. Teacher's cer- such teacher, filed with the clerk or agent before employ- tiflcate. ment, is to constitute the proof of such schooling. Penalty on vio- 3. Any Owner, agent or superintendent of such manu- lation. factory, for each violation of the provisions of the Ibid. §16, and preceding section, forfeits one hundred dollars, to be 1880 c. 221. ■!■ o ' . ' recovered by indictment, one half to the prosecutor and the other to the town where the offense was committed, to be . added to the its school money. Superintending school committees shall inquire into such violations and report them to a county attorney, who, on reception thereof, shall prosecute therefor. No person un- 4. No person under the age of sixteen years is to be der 16 years of employed by any corporation more than ten hours of a ployed more ^^J' ^^J Person violating this provision forfeits one than 10 hours hundred dollars, one-half to the town where the offense R.s!i87i C.48. ^^ committed, and the other to the use of the person § 17. employed ; to be recovered by indictment. Comniercial Manures. manufacturer , and amount of certain con- Statutes. 1. To be labelled. 2. Constituent parts must to be as labelled. 3. Terms "soluable," &c., defined. 4. Not to apply to manures from fish. 1. Commercial manures sold or kept for sale in this State, shall have affixed to every barrel, bag or parcel ^vith name of thereof, which may contain fifty pounds or upwards, a printed label, which shall specify the name 'of the manu- facturer, or seller, his place of business, and the percent- stituents. age which it contains of the following constituents, to j^' ' ' ' wit : Of soluble phosphoric acid ; of insoluble phosphoric acid, and of ammonia ; and whoever violates this pro- vision, or affixes labels specifying a larger percentage of either of such constituents than is contained therein, shall be punished by a fine of ten dollars for the first, and twenty dollars for the second, and each subsequent offense ; to be recovered on complaint before any tribu- nal of competent jurisdiction. 2. Any purchaser of commercial manures bearing such , , ... T , . Purchaser may label, and contammg less percentage than stated therem, recover from may recover from the seller, in an "action for debt, twenty- ^®"^^ ^' ^^' „ /. -ii.iiiii« •! stituents are five cents for every pound of soluble phosphoric acid ; not as stated six cents for every pound of insoluble phosphoric in label. acid, and thirty-five cents for every pound of ammonia deficient therein. 3. By the term soluble phosphoric acid, whenever used. Term soluble , . , . \. , . \. • Ti 1 defined. IS meant such acid in any form or combination readily sol- ^^^^ g g^ uble in pure water ; and by the term insoluble phosphoric acid, is meant such acid in any combination which requires the action of acid upon it to cause it to btcome readily soluble in pure water. 308 COMMERCIAL MANURES. These sections ^' The three preceding sections, shall not apply to do not apply porgy chum, nor any manure prepared exclusively from p°replredfrom ^^^y ^^^ ^^^^ ^^ such, nor to any commercial manure fish. which is sold at a price not exceeding one cent per pound. Ibid. 51. Milk. Statutes. 1. Inspectors of milk. 2. Duties. 3. Vessels to be sealed and marked. 4. Penalty for selling bad milk. Ordinances. 1. Inspectors. 2. Duties of people in milk business. 3. Duties of inspectors. 4. Compensation. Statutes. 1. The municipal oflScers of towns containing not less jngpectors of than three thousand inhabitants shall, upon the application milk shaU be of ten legal voters therein, annually appoint one or more appointed in *=* ' J II towns of not persons to be inspectors of milk, who shall, before enter- legg than sooo ing upon the discharge of their duties, be sworn, and inhabitants, shall give notice of their appointment by publishing the ^l^' same two weeks in a newspaper published in their towns, or if no newspaper is published therein, by posting up such notice in two or more public places in said town. 2. Inspectors shall keep an oflBce and books for the Duties, purpose of recording the names and places of business i^^^- § ^• of all persons engaged in the sale of milk within their limits. They may enter any place where milk is kept or stored for sale, and examine all carriages used in the conveyance of the same, and when they have reason to believe any milk found therein is adulterated they shall take specimens thereof, and cause the same to be analyzed, or otherwise satisfactorily tested, the result of which they shall preserve as evidence, and shall prosecute for all violations of the two following sections. 310 MILK. Vessels to be ^' ^^^ measures, cans, or other vessels used in the sale- annually of milk shall annually be sealed by the sealer of weights sealed. ^j^^ measures by milk measure, and shall be marked by Ibid. § 46. *^ . . 1871, c. 217. the sealer with figures indicating the quantity which they hold, and whoever fraudulently sells by any other meas- ure, can or vessel, shall forfeit* twenty dollars for each offence. 4. Whoever, acting for himself or as the employee of Penalty for another, knowingly or wilfully sells or offers for sale, milk fering injuri- from COWS diseased, sick, or fed upon the refuse of brew- ous milk. eries or distilleries, or upon any substance deleterious to § 47. ' ' ^ts quality, or milk to which water is added, or any foreign substance,' shall forfeit twenty dollars for the first, and fifty dollar^ for every subsequent offense ; to be recovered ' by complaint or indictment before any court having juris- diction of the same, to the use of the town where the offense is committed. Ordinances. Milk inspector- 1. There shall be appointed by the board of mayor Ord. Jan. 12, ^iid aldermen, for the remainder of the present 1878. municipal year, and thereafter annually, an inspector of milk, who shall be sworn, give notice of his appointment, keep an office and books, and have all the powers and perform all the duties set forth and prescribed in the statutes of the State relating to the sale of milk and the inspection thereof. 2. It shall be the duty of each person or firm, now or hereafter eno^ao^ed in the business of sellino^ milk ^ , ^ within the limits of the city, to file annually with the Duty of per- . . sons in milk inspector a statement of his name, residence and place asiness. ^^ busiucss, or, if lie sells milk from a cart, of such ^^^- fact, to the end that said statement may be registered in a book kept for the purpose ; and in default of so doing said person or firm shall forfeit the sum of twenty dollars to the use of the city, to be recovered in any court of competent jurisdiction. 3. It shall be the duty of the inspector to receive and register said statement, and grant a certificate ^ MILK. 311 of such registration upon the request of the person or firm filling the same. The inspector, when there- unto requested in writing by any citizen of Portland, shall make inspection within the limits of the city of Du^eg ^f i^. any milk sold or offiered or intended for sale within specters. the same, and also upon his own motion, without iwd. previous notice, as often as once a year, and oftener at his discretion, shall visit all places of business and carts in and from which milk is sold within the cit}^, and make thorough inspection of the kind and quality of milk found in said places of business and carts offered or intended for sale. It shall also be the duty of said inspector to prosecute all violations of the statutes of the State and ordinances of the city relat- ing to the sale of milk. And at the close of each municipal year said inspector shall make a detailed report to the board of mayor and aldermen. 4. The compensation of said inspector shall be as follows : Twenty-five cents for making the before compensation, required registration and granting a certificate there- ^,1^, for, to be paid by the person requesting the same. Fifty cents for making inspection of milk, to be paid by the person requesting the same to be made ; and said inspector shall be entitled to one-half of all fort'eitures accruing to the city in all prosecutions in- stituted by him for violation of the statutes of the State or ordinances of the city relating to the sale of milk. 19 Municipal' Court. CONSTITUTIONAL PROVISION. 1. Appointment of Municipal Judges by tlie Executive Power. Statutes. 1. Court establislied, one judge. 2. Judge's jurisdiction as justice of the peace, concurrent or exclusive. 3. Not to act as counsellor or attorney, when, &c. 4. His jurisdiction in cases of larceny and offenses against city by-laws. 5. Houses of ill-fame. 6. Eight to appeal. 7. Fines, how disposed of. 8. Jurisdiction though the penalty accrues to the city. 9. Court to be held on Monday. 10. Recorder, how appointed and qualified, his duties and fees ; writs to be under seal of court. 11. Recorder's powers in absence of judge. 12. Justice of peace substituted in absence of judge and recorder. 13. Provisions when office of judge is vacant. 14. Restrictions on justices of the peace in Portland. 15. Exceptions under the laws of the United States. 16. When recorder may issue wan*ants. 17. Salary of recorder. 18. Costs, how to be taxed. 19. Recorder during absence of judge, power in civil actions. 20. In case of vacancy of judge. 21. In case of vacancy of recorder, temporary appointment. 22. Judge, appointment of, tenure. 23. Salary, how fixed. 1 For genei*al provisions relating to jurisdiction of municipal courts of oflFences against liquor law; See R. S., 1871, c. 27, §§ 21, 44; in civil actions, Ibid. c. 83, § 3 : in case of cruelty to animals. Ibid. c. 124, § § 28, 35, Laws of 1875, c. 3(5. And for general duties for preservation of the peace, R. 8.' 1871, c. 130, § 1. The municipal court of Portland has jurisdiction over all such matters as justices of the peace, at time of its establishment, might exercise iri'espect- ive of residence of parties, within the county. The act 1866. c. 27, does not affect or restrict the jurisdiction, Allen v. Somers, 68 Maine, 247. It has jurisdiction over offence of truancy. O'Malia v. "Wentworth, 65 Maine, 129. By ordinance all i>enalties and fines under ordinances are to be recovered in municipal court. MUNICIPAL COURT. • 313 CONSTITUTIONAL PROVISION. 1 . Judges of municipal and police courts shall be Judges of mu- appointed by the executive power, in the same manner as ^^jj^^ *°^ other judicial oflScers, and shall hold their offices for the appointment ' term of four years ; provided, hoicever, that the present °*- incumbents shall hold their offices for the term for which Besoive. ' they are elected. Feb'y 25, 1875. Statutes. CourtestabUsh- 1. There is hereby established a municipal court for ^^-^^^j"*^*®- the city of Portland, to consist of one judge, who shall 1856, c. 204, § 1. be appointed, commissioned and qualified, in the manner provided by the constitution of this State. judge's juris- 2. He shall, except where interested, exercise juris- diction as jus- diction over all such matters and thinors within the county '^^^ ^^ *^® ° J peace, concur- of Cumberland, as justices of the peace may exercise, rent or exciu- and under similar restrictions and limitations ; and ^^^®' concurrent jurisdiction with justices of the peace and ^^^^' 5 2- quorum in case of forcible entry and detainer in said county ; and exclusive jurisdiction where both parties interested, or the plaintiff and a person sued as trustee, are inhabitants of Portland. Judge not to , 3. He shall not act as counsel or attorney in any case act as counsel .,.,..,.,. <..i . ^^ certain withm the jurisdiction of said court, nor in any cause, cases, matter or thing which may depend upon or relate to any Act,i862, c.i5i. cause cognizable by said court. His jurisdiction 4. The said court may take cognizance of simple in cases of lar- larcenies, when the property alleged to be stolen shall ^n^g" L^inst not exceed in value twenty dollars, and on conviction city by-laws, award such sentence as is by law provided for such ^®^' ^' '^' ^ *' ofienses ; and have exclusive jurisdiction of all offenses against the by-laws of said city ; and in prosecution on such by-laws, they need not be recited in the complaint nor in allegations therein be more particular than in prosecutions on a public statute. 5. The same proceedings may be had in the same fam?^° manner, against persons keeping houses of ill-fame, for ibid. §5. the purposes of lewdness or prostitution, on complaint, as before a justice of the peace. 6. Any person may appeal from a sentence or judg- Right of ment against him, to the then next term, for civil or j^^^Vg, 314 MUNICIPAL COUKT. criminal business, as the case may require, of the court having jurisdiction within said county, by appeal from justices of the peace ; and such appeal shall be taken and prosecuted in the same manner as from a sentence or judgment of a justice of the peace. Fines to be ac- 7^ ^i\ fio^gg ^mj penalties awarded by said judge, shall ibid°§7 ^® accounted for and paid, over, as in case of those Jurisdiction, awarded by a justice of the peace. ^enaftvaSrue ^' "^^^ court shall have jurisdiction, though the penalty it 'iS6^^^'204 ^^^anded in any action or prosecution accrues to the city §8. ' *"■ 'of Portland, on Monday^ 9« The municipal court shall be held on Monday of ^amemiedby each week, at nine of the clock in the forenoon, and no Act, 1859, c. 57. ^-^j^ process shall be returnable at any other time. Recorder, how iQ. There shall be a recorder of said court, who shall qualified always be a justice of the peace, and duly qualified as His duties and such, and he shall be appointed by the governor, by and w^^f " ^r T.^ with the advice of the council ; he shall be duly sworn as Writs to be un- ' -^ der seal of recorder, and shall keep a fair record of the proceedings court. ^£ |-jjg court, and deliver copies, when required, for the Act, 1859, c. 57, ^ ^ -> . §2, as amend- same fees which are allowed to justices of the peace. All ing Act, 1856, ^yHs issucd bv Said court shall be under its seal and bear C. 204, § 10. Recorder's test of the judge, and shall be signed by the recorder. feiS judge! 11- W^lien the judge is absent, it shall be the duty of "^Smendedby ^^^ recorder, and he shall have authority to exercise 'fjg;^t^2Ki. ^1^ the powers of the judge. ^ ^titie ^^ °^ *^^^ 12. If the judge and recorder are both necessarily .Justices of the absent, the judge may designate some justice of the peace tuted in ab- duly qualmed, to perform the duties of his office ; or if SGncG of lud&rc and recorder, the judge should not SO desiofuate a justice of the peace, 1856, c. 204, § 12. ^, T ■, ., Provisions the recorder may do it. judge is va- 13. When the office of judge shall be vacant, the ibid.*§i3, as recorder shall finish the business pending before the amended by , private laws, <^vjuil. Se?§'2^o of^tws 14. No justice of the peace residing in the city of iteatrictions on Portland, shall in any manner take cognizance of, or Sie^fn^oIS exercise jurisdiction over any crime or offense, or in ibid!^§ 14, as ^^y ^^^^1 action, wherein the judge is not a party inter- privati^hiw*. ^®*®^ ' ^^^ accept or receive any fee or reward therefor ; I8 The provisions of chapter 17, of the revised statutes of 1871, are made to applj to tippling shops, act 1873, c. 152. *' §26. 318 NUISANCES. Powers of aldermen and selectmen. Owner to be served with copy of order. Return of service. Nuisance may be abated. Owner to pay expense. Payment enfox-ced. Owner aggrieved may apply to supreme court, or jus- tice of, for a jury. Jury, how empanneled. Application, when to be made. Ibid. § 27. Verdict, what it may be. — return of. — may be accepted or rejected. Action, how entered, if. Exceptions taken; pro- ceedings. Verdict enforced. Ibid. § 28. if no newspaper is published in the county, then in the State paper, and after a hearing of the matter, shall adjudge the same to be a nuisance or dangerous, they may make and record an order prescribing what disposi- tion shall be made thereof, and thereupon the town clerk shall deliver a copy of- such order to a constable, who shall serve such owner, if resident within the State, with an attested copy thereof, and make return of his doings thereon to said clerk forthwith ; if the owner or part owner is unknown, or resides without the State, such notice shall be given by publication in the State paper, or in a paper published in the county thi-ee weeks suc- cessively. If no application shall be made to the supreme judicial court, or a justice thereof, as is hereafter provided, the municipal officers of such town, shall cause said nuisance to be abated, removed or altered in compliance with their order, and all expenses thereof shall be repaid to the town within thirty days after demand ; or may be recovered of such person by an action for money paid. 2. Any owner aggrieved by any such order may apply to the supreme judicial court, if in session in the county or to any justice thereof, in vacation, for a jury, and such court or justice shall forthwith order a warrant for a jury to issue, to be empanneled by the sheriff as is pro- vided by section ten of the eighteenth chapter of the revised statutes. Such application shall be made within five days after such order is' served on such owner, and the jury shall be empanneled within seven days from the issuing of the warrent. 3. The jury may find a verdict, either affirming or an- nulling the said order, or making alterations therein, which shall be returned forthwith to the justice issuing the war- rant. He may accept or reject it, and issue a new warrant. If the court is not in session, the action shall be entered on the docket of the preceding term ; exceptions taken by either party may be allowed, or execution may issue as of that term, and if the verdict is finally accepted, the justice may issue the proper process for enforcing it. NUISANCES. 319 4. If the verdict affirms such order, costs shall be costs, how to recovered by the town agaiost such applicant. If it an- be paid. nuls such order in whole, costs shall bp recovered by ^^<^-§29. the applicant against such town, and in case such verdict shall alter such order in part, the court may render such judgment as to costs as justice shall require. 5. The four preceding sections shall not be in force in Not applicable atfy town unless adopted at a legal meeting thereof. ^ ibid. §3of 6. Whoever advertises his wares' or occupation by Advertisiiig on painting notices of the same on, or affixing them to fences, rocks, fences or other private property, or on rocks or other permission. natural objects, without the consent of the owner, or if in R.s.,i87i,c. 127 5 8 the highway or any other public place without the per- mission of the mayor of cities, selectmen of town or assessors of plantations, shall be punished by fine of ten dollars for each offense, to be recovered on complaint ; one-half to the prosecutor, and one-half to the town in which the offense is committed. 7. The erection, "* continuance or use of any building or other place for the exercise of a trade, employment, certain nuisan- or manufacture, which, by occasioning noxious exhala- ces described, tions, offensive smells, or other annoyances, becomes ^- S-. c. 17, § 5. injurious and dangerous to the health, comfort, or proper- ty of individuals or the public ; causing or suffering any offal, filth, or noisome substance to be collected, or to remain in any place to the prejudice of others ; obstruct- ' ing or impeding, without legal authority, the passage of any navigable river, harbor, or collection of water ; cor- rupting, or rendering unwholesome, or impure, the water of a river, stream, or pond ; unlawfully diverting it from its natural course or state to the injury or prejudice of others ; and the obstructing or incumbering by fences, buildings or otherwise, the highways, private ways, streets, alleys, commons, common landing places, or burying grounds, shall be deemed nuisances within the limitations and exceptions hereafter mentioned. 8. The municipal officers^ of a town, when they judffe Places to be • 1 1 xu • r assiened for it necessary, may assign some place or places therein for un>vhoisome •^ -^ ^ ^ ^ employments. 8 Adopted by city council October 3, 1881, ^^^^" ^ ^' * See cases cited on first page, title " Nuisances," ante, and especially Franklin Wharf v. Portland, 67 Maine, 46. 8 State V. Hart, 34 Maine, 36. 320 NUISANCES. Proceedings when places so assigned become offensive. Ibid. § 7. When build- ings for the manufacture of gunpowder shall be deemed nuisances. Ibid. § 8. And 1877, c. 219. Burning bricks in parts of a town prohib- ited by vote, nuisances. R. S., 1871, c. 127, § 9. the exercise of any trade, employment, or manufacture aforesaid, and forbid their exercise in other places, under penalty of being deemed public or common nuisances and liable to be dealt with as such. All such assignments shall be entered in the records of the town and may be revoked when said officers judge proper. 9. When any place or building so assigned becomes a nuisance, offensive to the neighborhood, or injurious to the public health, any person may complain thereof to the supreme judicial court, and, if after notice to the party complained of, the truth of the complaint is ad- mitted by default, or made to appear to a jury on trial, the court may revoke such assignment, and prohibit the further use of such place or building for such purposes, under a penalty not exceeding one hundred dollars for each month's continuance after such prohibition, to the use of said town ; and may order it to be abated, and issue a warrant therefor, or stay it as hereafter provided ; and if the jury on said trial, acquits the defendant, he shall recover costs of the complainant. 10. If a person carries on the business of manufactur- ing gunpowder, or of mixing or grinding the composition therefor, in any building within eighty rods of any valu- able building not owned by such person or his lessor, erected when such business was commenced, the former building shall be deemed a public nuisance ; and such person may be prosecuted accordingly. 11. A town, at its annual meeting, may prohibit the burning of bricks, or the erecting of brick kilns within such parts thereof as they deem for the safety of the citizens or their property. And if any person, by him- self or others, violates such prohibition, the municipal officers shall cause said bricks or brick kiln to be forth- with removed, at the expense of the owner thereof ; and the offender shall be liable to a fine not exceeding two hundred dollars to the use of said town ; and if said bricks or brick kiln are not removed before a conviction, the court may issue a warrant for the removal thereof, or stay it as hereafter provided. NUISANCES. , . 321 12. No stationary steam engine shall be erected in a stationary town, unless the municipal officers have previously steam engine not to I3G hmhI granted license therefor, designating the place where the without buildings therefor shall be erected, the materials and license, mode of constniction , the size of the boiler and furnace, ^^^*^§i^- and such provisions as to height of chimneys or flues, and and protection against fire and explosion, as they judge proper for the safety of the neighborhood. Such license is to be granted on written application, and recorded in the town records, and a certified copy of it furnished, without charge, to the persons applying for the license. 13. When application is made for such license,' said Duty of town officers shall assign a time and place for its consideration, app^^aon and give public notice thereof at least fourteen days for a license, beforehand as they think proper, at the expense of the ^^^^' ^ ^^' applicant, that all persons interested may be heard before granting a license. 14. Any such engine^ erected without license shall be Such engine erectea with- deemed a common nuisance without any other proof than out license to be deemed a Its use. nuisance. 15. Said officers shall have the same authority to abate n^id. §19. and remove a steam engine, erected without license, as is ^o^^rof town ° ' ' ofllcers to given to the health committee or health officer in chapter remove such fourteen. Revised Statutes, for the removal or discontin- ^"^^®- uance of the nuisances therein mentioned. 16. The city of Portland is hereby authorized to reg- steam whisUes, ulate or prohibit the use of all or any kind or class of and the proper steam whistles within the city limits by ordinance, and under author- impose penalties for the breach thereof upon persons ityofcity. owning or using such whistles, or upon both, not exceed- ^^* 18«4, c. ing one hundred dollars for each offence, to be recovered by complaint or indictment in any court of competent jurisdiction, and all penalties recovered shall be for the use of the city. Ordinances. 1. The use of all kinds of steam whistles within Forbidding the city limits is prohibited, except as hereinafter ord^™!^'"''- provided. June 25, 1874. « Brightman v. Bristol, 65 Maine, 426. 322 * NUISANCES. Penalty. 2. If any person shall, within the city limits, use any steam whistle, the person so using the same, and also the owner of such steam whistle, shall severally forfeit and pay a penalty of fifty dollars every time such whistle shall be used in violation of the provi- sions of this ordinance. Not to apply to ^' This Ordinance shall not apply to the use of locomotives, whistles on locomotives when absolutely necessary to call for brakes to be applied to prevent collision or damage, or to the use of whistles on stationary engines for the purpose of notifying employees when the works are to start up or shut down, or the use of steam fire engine whistles in time of fire. [See title " Health."] Ordinances and By-La^ws/ Statutes. 1. What by-laws and ordinances towns may make. 2. Protection of trees, hydrants, &c. Ordinances. 1. Enacting style of city ordinances. 2. Ordinances to be published. 3. Time of ordinances taking eflfect. 4. Construction of ordinances, rules applicable. 5. Fines to enure to use of city, except, &c. Statutes. 1. Towns, cities, and village corporations may make To^^g^nd such by-laws or ordinances as they think proper, not cities may inconsistent with the laws of the State, and enforce them ^^'^ ^' ^l' ' R. S., 1871, c. 3' by suitable penalties, for the purposes and with the limi- § 40. tations following : First. For managing their prudential affairs as they judge conducive to their peace and good order, and ^p^XnuS"^ annex penalties not exceeding five dollars for one offence, affairs, subject to the approval of the county commissioners, or i^id. a judge of the supreme judicial court. Second. For establishing such police regulations as Police reguia- they may deem necessary for the prevention of crime, °°^* the protection of property and the preserv^ation of ^.25. ' ' good order. Third. Respecting infections, diseases and health. ^diseases! Fourth. For regulating the going at large of dogs, Goiy at large swine, and cattle therein. 1 An ordinance is invalid if repugnant to a general law of tiie State. Burke r. Bell, 36 Maine, 317. Ordinances, if unreasonable or oppressive, are void. Jones v. Sanford, 66 Maine, 585. No by-law can enlarge corpor- ate powers. Andrews v. W. M. F. Ins. Co., 37 Maine, 2.56. Mayor and aldermen have no power to permit a violation of an ordinance. Common- wealth V. Worcester, 3 Pick., 462. As to time when ordinances take effect see 109 Mass., 355. 324 ORDINANCES AND BY-LAWS. Wood, bark, coal. Wooden buildings. See E. S., c. 1' §26. Omnibuses, stages and fares. Fifth. Respecting the measure and sale of wood, bark, and coal brought to market, and the teams coming there- with. Sidewalks, &c. Sixth. For reserving and setting off such portions of their streets for sidewalks as they deem proper, and keep- ing them clear of snow and other obstructions, and for planting and preserving trees by the side thereof. Seventh. Respecting the erecting of wooden buildings therein, or buildings, the exterior of which shall be in part of wood, and defining their proportions and dimen- sions ; and any building erected contrary to a by-law or ordinance adopted under this specification shall be deemed a nuisance and dealt with accordingly. Eighth. For the due regulation of omnibuses, stages, hacks, coaches, wagons, carts, drags, hand-carts, and all other vehicles, used wholly or partly therein for business, pleasure, or the conveyance of passengers by horse-power or otherwise, and by establishing the rates of fare, their routes and places of standing, and in any other respect ; but by-laws and ordinances for this purpose shall be pub- lished one week at least before they take effect, in some newspaper printed therein, and penalties for their breach shall not exceed twenty dollars for one offence, to be •recovered by complaint to the use of such city, town qr corporation. Ninth. For the effectual protection of persons against injury from the sliding of snow and ice from the roofs of buildings therein ; but the authorities of such cities, towns and corporations shall notify the owners of the buildings of by-laws or ordinances adopted under this specification, and if they do not comply with them in thirty days after notice, they shall be liable for all injury sustained by any person in consequence thereof ; and said authorities, at the expense of their cities, towns or corporations, may place the required guards or other obstructions on the roofs of such buildings, and the reasonable charges therefor may be recovered of such owners. By-laws to be published. Protection from falling ice and snow. ORDINANCES AND BY-LAWS. 325 Tenth. Any city may establish localities for, and sale of fresh regulate the sale of fresh meat and fish therein, and fix meat and flsh. penalties for breach thereof. 2. Towns, 2 cities and village corporations may make such by-laws as they deem proper, respecting the location Protection of of trees and hydrants within the limits of their roads, ^^^^'J^^^. ways and streets ; and no trees, lamp posts, posts or tj^qsc located hydrants which are now located or shall hereafter be according to located in accordance with the requirements of such ^ot a defect, by-laws and ordinances, shall be deemed a defect in i87i, c. i78. such road, way or street. Ordinances. 1. All by-laws of the city shall be denominated Enacting stjie ordinances, and the enactinor style shall be, "Be it **l^^'il**'^*" ' o •/ ' nances. ordained by the mayor, aldermen, and common council Rev. ord. ises. of the city of Portland, in city council assembled, as follows :" 2. The ordinances of the city council shall be pub- ojdi^ancesto /^ ^ ^ be published. lished and promulgated by inserting the same two ^^^^ weeks successively in one or more newspapers pub- lished in the city of Portland ; but this section is directory, merely, and a failure to comply ^vith the same, shall not affect the validity of any order or ordinance. 3. Any ordinance enacted by the city council shall ^. , ^. •^ . _ -^ _ -^ Time of ordi- take effect and go into operation in ten days from and nance taking after the day on which it shall have been approved by j^^^^*^ ' the mayor, unless the provisions of any ordinance shall otherwise prescribe. 4. In the construction of ordinances the same rules shall be obseiwed so far as they may be applicable, ^^^^^^""^ as are provided in the revised statutes of this State, mies appuca- chap. 1, sect. 4, unless such construction would be ^^^^ inconsistent with the manifest intent of the city council, or repugnant to the context of the same ordinance. » Also to regulate sale of old junk, &c., 1881, c. 11. 326 ORDINANCES AND BY-LAWS. Fines to enure 5 . All fines and penalties for the violation of any city^lxcepS ^^ ^^^® ordinances of the city council, or any of the ii)id. orders of the mayor and aldermen, shall be recoverable by prosecution in the municipal court of Portland, or any court which may be established in place thereof, and when recovered, shall enure to the use of the city, and shall be paid into the city treasury; except in those cases where it may be otherwise provided by the acts of the legislature, or the ordinances of the city. Paupers.' Statutes. 1 . Election of overseers of poor. 2. Settlement, how acquired. I. Married women, n. Legitimate children, ni. Illegitimate children. IV, Division of towns. V. Apprenticeship. \T[. Residence five years, vn. Residence March 21, 1821. vm. Incorporation of towns. 3. Settlements remain till new ones acquired. 4. " not affected by revision of laws, when. 5. Duty of towns. 6. " overseers. 7. Kindred liable. 8. " may be assessed, how. 9. Pauper children may be bound by overseers. 10. Overseers to inquire as to treatment of bound children. 11. Damages for ill treatment of children. 12. Child becoming of age may sue master, 13. Child running away may be arrested. 14. Child discharged on complaint of master. 15. Pauper adults may be bound for one year. 16. Persons bound may complain to court. 17. Overseers to relieve all destitute persons. 18. Duties of overseers where there is a jail. 19. Notice to town liable for relief. 20. Answer to notice to be returned wltliin two months. 21. Notice by mail sufficient. 22. Persons removed, returning, may be sent to house of correction. 23. Foreign paupers may be removed to the place where they belong. 1 For definition of " poor persons," see 10 Cushing, 239. Concerning authority of overseers to contract debts for supplies for paupers, see 8 Allen, 73. 20 328 PAUPERS. 24. Wlien the towns are liable to inhabitants for private support of paupers. 25. Overseers to complain of intemperate persons. 26. Towns may recover of paupers. 27. Overseers to take charge of property of deceased paupers. 28. Overseers may prosecute and defend. 29. Penalty for bringing paupers into a town. 30. Liability of common carriers for bringing in non-resident paupers. 31. Soldier not to be considered pauper. Election of overseers of poor, city charter, 1863, §8. Settlement, how acquired. R.S.,1871, C.24, §1. Married women. Legitimate children. Statutes. 1. There shall be elected at the first election of sub- ordinate officers, in Portland under this act, in March, twelve persons for overseers of the poor and work house ; four of whom shall be elected for one year, four for two years, and four for three years ; and all subse- quent annual elections shall be for the term of three years. 2. Settlements, subjecting towns to pay for the support of persons on account of their poverty or distress, are acquired as follows : I. A married woman^ has the settlement of her hus- band, if he has any in the State ; if he has not, her own settlement is not affected by her marriage. When it appears in a suit between towns involving the settlement of a pauper, that a marriage was procured to change it by the agency or collusion of the officers of either town, the settlement is not affected by such marriage. II. Legitimate children^ have the settlement of their father, if he has any in the State ; if he has not, they have the settlement of their mother within it ; but they do not have the settlement of either, acquired after they are of age and have capacity to acquire one. 2 For general rule, see Hallowell «, Augusta, 52 Maine, 216; Howland v. Burlington, 53 Maine, 54; Bucksport v. Rockland, 56 Maine, 22. As to wife of an alien, Sanford v. Mollis, 2 Maine, 194. Augusta v. Kingfield, 36 Maine, 235. Also see 10 Cush., 517, 105 Mass., 293. ' 8 Hampden v. Brewer 24 Maine, 281 ; Brewer v. East Machias, 27 Maine, 489; Farmington v. Jay, 18 Maine, 376; Ldvermore v. Peru, 55 Maine, 469, 106 Mass., 598, 37 N. H., 441. PAUPERS. 329 III. Children, legitimate, or illegitimate,^ do not ac- quire a settlement by birth in the town where they are born. Illegitimate children have the settlement of their legitimate mother, at the time of their birth ; but when the parents chUdren. of such children born after March 24, 1864, intermarry, they are deemed legitimate, and have the settlement of their father. IV. Upon division of a town, a person having a settle- ment therein and absent at the time, has his settlement in that town, which includes his last dwelling place iu the town divided. When part of a town is set off from towns, it and annexed to another, the settlement of a person absent at the time of such annexation is not affected thereby. When a new town, composed in part of one or more existing towns, is incorporated, persons settled in such existing town or towns, who have begun to acquire a settlement therein, and whose homes were in such new town at the time of its incorporation, have the same rights incipient and absolute respecting settlement, as they would have had in the town where their homes for- merly were. 5 V. A minor who serves as an apprentice in a town four Apprentice- years, and within one year thereafter sets up such trade ^^p- therein, being then of age, has a settlement therein. VI. A person^ of age, having his home in a town five ReJ^gnce five successive years without receiving, directly or indirectly, years, supplies as a pauper, has a settlement therein. VII. A person having his home in a town on March Residence twenty-one, eighteen hundred and twenty-one, without ^^^-21.1821. having received supplies as a pauper within one year before that date, acquired a settlement therein. VIII. Persons having their homes in an unincorporated jncorporationi place for five years without receiving supplies as a pauper, ot towns. * Fayette r. Leeds, 10 Maine, 409; Hallowell v. Augusta, 52 Maine, 216; Raymond v. Nortfi Berwick; 60 Maine, 114, 8 Cush., 75, 8 Allen, 551. 5 Lewiston v. Auburn, 32, Maine, 492; Freeport v. Pownal, 23 Maine, 472; Ripley v. Levant, 42 Maine, 308. « Brewer tJ. Llnneus, 36 Maine, 428; Ellsworth t?. Gouldsboro', 55 Maine, 94; Burlington v. Swanville, 64 Maine, 78; Glenburn v. Naples, 69 Maine, 68; Lewiston v. Harrison, 69 Maine, 68. As to eflfect of emancipation, see Veazle V. Machias, 49 Maine, 105; Monroe v. Jackson, 55 Maine, 55. 330 PAUPERS. Settlements remain till new ones acquired. R. S., 1871, c. 24, § 2. Eevision of laws does not aflfect them. Ibid. § 3. Duty of towns. Ibid. § 4. Overseers' duties. Ibid. § 5. Poor not to be sold. Towns may- contract. Ibid. § 6. Kindred liable. Ibid. § 9. Court on com- plaint may assess them. and having continued their homes there to the time of its incorporation, acquire settlements therein. Those hav- ing homes in such places less than five years before incorporation, and continuing to have them there after- wards, until five years are completed, acquire settlements therein. 3. Settlements''' acquired under existing laws, remain until new ones are acquired. Former settlements are defeated by the acquisition of new ones. 4. Persons who have begun to acquire settlements under existing laws, are not to be affected by a repeal of them, and a re-enactment of 'their provisions in substance. 5. Towns are to relieve persons having a settlement therein, when on account of poverty, they need relief. They may raise money therefor as for other charges of the town, and may at annual meeting choose not exceed- ing twelve legal voters to be overseers. 6. Overseers are to have the care of persons charge- able to their town, and are to cause them to be relieved and employed, at the expense of the town, and as the town directs, when it does direct. Persons chargeable are not to be set up and bid off at auction, either for support or service ; but towns at their annual meet- ings, when the warrant contains an article for the pur- pose, may contract for the support of their poor for a term not exceeding five years. 7. The father, and mother, grandfather, and grand- mother, children, and grand-childen, by consanguinity, living within the State, and of sufficient ability, are to support persons chargeable in proportion to their respec- tive ability. 8. A town or any kindred,^ who have incurred any expense for the relief of a pauper, may complain to the 7 Monson v. Fairfield, 55 Maine, 117, 6 Cush., 61, 13 Gray, 586. As to eman- cipation, see Lowell v. Newport, 66 Maine, 78 ;' Dennysville r. Trescott, 30 Maine, 470 ; Monroe v. Jackson, 55 Maine, 55 ; Veazie r. Machias, 49 Maine, 105; Frankfort v. New Vineyard, 48 Maine, 565; Omeville v. Glenbum, 70 Maine, 353; Hampden v. Troy, 70 Maine, 484. 8 Hiram v. Pierce, 45 Maine, 367; Calais v. Bradford, 51 Maine, 414; Tracy V. Rome, 64 Maine, 201. PAUPERS. 331 supreme judicial court in the county, where any one of ibid. § lo. such kindred resides ; and the court may cause such ^®^ ^^^^ §§ ^^' , . , , , - - - - 12, and 13, pro- kindred to be summoned, and upon a hearmg or default, vidingfor may assess and apportion a reasonable sum upon such complaint, kindred, as are found to be of sufficient ability, for the ^«^^«^'^^^*' support of such pauper to the time of such assessment ; and may enforce payment thereof by warrant of distress. Such assessment is not to be made to pay any expense for relief afforded more than six months before the com- plaint was filed. 9. The minor children of parents chargeable, ^ or of ChUdrenmay parents unable in the opinion of overseers to maintain te^nnsTnd them, and such children chargeable themselves, may, time.- without their consent, be bound by the overseers, by deed^^^*^' ^ ^*' of indenture, as apprentices or as servants to any citizen of the State, to continue till the males are twenty-one, and the females eighteen years of age or are married, unless sooner discharged by the death of their master. Provision is to be made in such deed for the instruction of males to read, write, and cypher, and for females to read and write ; and for such further instruction and benefit within or at the end of the term, as the overseers think reasonable. 10. The overseers are to inquire into the treatment of ^such children, and to protect and defend them in the overseers to ' . inquire, mav enjoyments of their rights in reference to their masters complain of and others. They may complain to the supreme judicial master. Court court in the county, where their town is, or where the child, who master resides, against such master for abuse, ill-treat- may be bound ment or neglect, of a child bound to him. The court is *^^^"* to cause him to be notified, and upon a hearing of the parties or on default, may, for sufficient cause proved, discharge the child with costs, or dismiss the complaint, with or without costs at discretion. Any child so discharged, or whose master has deceased, may be bound anew for the remainder of the time. 11. The overseers, by a suit on the deed of indenture, oaraages^or^ may recover damages for breaches of its covenants. The ^Jfi^^^'^^ amount so recovered, deducting reasonable charges, is to ibid. §i6. » Milo V. Harmony, 18 Maine, 415; Eastport r. Lubec, 64 Maine, 244; Leeds r. Freeport, 10 Maine, 356. 332 PAUPERS. be placed in the treasury of the town, to be applied by the overseers to the benefit of the child during his term, or be paid to him at its expiration. The court on trial of such suit, for sufficient cause exhibited, may discharge the child. Such suit is not abated by the death of over- seers or by the expiration of their term of office ; but shall proceed in their names, or in the names of the survivors. Child be omin ^^* ^^^^ ^^^^^^^ withiu two years after the expiration of ofagemaysue his term, may commence an action of trespass, or case, master for ^^ ^ g^^^ ^^ ^j^^ deed, to recover damasjes for a breach of damages. • , i i Ibid §17 ^*® covenants, or for mjuries, other than such as have been tried in a suit between the overseers and master. He is for this purpose entitled to the custody of the deed of indenture when necessary, or to a copy of it, and he may sue upon it as assignee without an assigment of it. Child who has 13. AVhen a child so bound departs from service with- departedmay out leave, his master or a person in his behalf may andretairned. complalu on oath to a trial justice in the county, where Those harbor- lie resides, or where the child is found, who is to issue a ing or enticing ^ warrant and cause such child to be brought before Ibid 5 18 ^^^^' ^^^ when the complaint is supported, he is to order the child to be returned to his master, though he resides in another county, or commit him to a jail or^ house of correction to remain not exceeding twenty days, unless sooner discharged by his master. A person, who entices such a child to leave his master, or harbors him knowing that he has so departed, is liable to the master for all his damages. Child may be 14. A master may complain to the court in the county, discharged on ^here he resides, or where the overseers making the complaint of master. indenture resided, for gross misbehavior of the child, and Ibid. § 19. the court after notice to the child and to the overseers of the town binding, may discharge the child. Persons of age ^^5^ Overseers may set to work, or by deed bind to may be bound ./ 7 ^ for one year. Service upon reasonable terms, for a time not exceeding Ibid. §20. one year, persons having settlements in their town or having none in the State, married or not married, able of body, upwards of twenty-one years of age, having no apparent means of support, and living idly ; and all per- sons liable to be sent to the house of correction. PAUPERS. 333 16. A person so bound may complain to the court, person bound m the county where he or the overseers reside, and the ™*y complain court after notice to the overseers, and master, may upon ji^.,, 21 a hearing, dismiss such complaint, or discharge him from the master and overseers, and award costs to either party or against the town at discretion. 17. Overseers!^ are to relieve persons destitute, found Overseers to in their towns and having no settlement therein, and in relieve per- *^ sons having case of decease, decently bury them; the expenses setuements in whereof and of theii* removal incurred within three other towns, months before notice given to the town chargeable, may be recovered by the town incurring them against the town liable, in an action commenced within two years after the cause of action accrued, and not otherwise ; and may be recovered of their kindred in the manner before provided in this chapter. Recovery in such action against a town estops it from disputing the settlement of the pau- per with the town recovering. 18. Overseers^i of a town, in which there is a county Overseers jsUl, may, by their written order, set to work so far as ^ jaii, duties. necessary for his support, any debtor committed, and then Liability of chargeable t(^uy town in the State for his support. The p^ town where he has a settlement, is liable to pay the ibid. §26. expenses incurred not so paid by him ; and the town incur- ring them may recover the same of the creditor, at whose suit he was committed at the rate fixed by law for his support. 19. Overseers are to send a written notice^^ signed by Notice to be one or more of them, stating the facts respecting a per- givenof re- , , . ' ^ « f Uef to town son chargeable m their town, to overeers of the town nabie. where his settlement is alleged to be, requesting them to iwd. § 27. remove him, which they may do by a written order dii-ected to a person named therein, who is authorized to execute it. When paupers are sought to be removed w Norridgewock v. Solon, 49 Maine, 3&5, 550; Holden r. Brewer, 38 Maine, 472; Newry r. Gllead, 60 Maine, 154; Kennedy v. Weston, 65 Maine, 596. ^^ Norridgewock v. Solon, sitpra. « Eennebunkport v. Buxton, 26 Maine, 61; Cutter v. Maker, 41 Maine .594; Verona r. Penobscot, 56 Maine, 11; Fayette v. Llvermore,62 Maine, 229; Bowdolnham r. Phlpsburg, 63 Maine, 497 ; East Machias v. Bradley, 67 Maine, 533; Veazle v. Howland, 53 Maine, 39. 334 PAUPERS. Complaint where pau- pers refuse to go with person appointed to remove them. 1879, c. 157. Complaint. Proceedings. Ibid. Fees and costs. Ibid. Answer to be returned within two months. R.S.,1871,c.24, §2& to the town of their alleged settlement, under the pro- visions of section twenty-seven, chapter twenty-four of revised statues, and the person to whom the order of the overseers is directed requests them to go with him in obedience to said order, and they refuse so to do, or resist the service of such order, the person to whom it is directed may make complaint in writing, by him signed, of the facts aforesaid, to any judge of a police or municipal court or trial justice within the county where said paupers are then domiciled. Said judge or justice shall thereupon, by proper order or process, cause said paupers to be brought forthwith before him by any officer to whorn the same is directed, to answer said complaint and show cause why they should not be so removed. The complaint may be amended at any time before judg- ment thereon, according to the facts. The complainant and the paupers shall be heard by such judge or justice and if upon such hearing the judge or justice aforesaid finds the town to which such paupers are sought to be removed is liable for their maintenance and support, of all or any of them, he shall issue his order, under his hand and seal, commanding the person ta whom it is directed to take the bodies of said paupers and them transport to the town aforesaid, and them deliver to the custody of the overseer of the poor thereof. The person to whom said last named order is directed shall have all the power and authority to execute the same according to the precept thereof, that the sheriff or his deputy now has in executing warrants in criminal proceedings. The fees and costs shall be the same in the foregoing proceedings as ai*e by law chargeable for like services in criminal cases, and shall be paid by . the town seeking to remove such pauper or paupers. 20. Overseers^^ receiving such notice are, within two months, if the pauper is not removed, to return a written answer, signed by one or more of them, stating their objections to his removal ; and if they fail to do so, the overseers requesting his removal may cause him to be 13 Veazie v. Rowland, supra; East Machlas v. Bradly, supra. PAUPERS. 335 removed to that town in the manner provided in the preceding section ; and the overseers of the town to which he is sent are to receive him and provide for his support ; and their town is estopped to deny his settlement therein, in an action brought to recover for the expenses incurred for his previous support and for his removal. 21. Whehi"* a written notice or answer provided for in Notice by mail this chapter is sent by mail, postage paid, and it arrives sufficient. at the post office where the overseers to whom it is directed ^^^ § ^9. reside, it is to be deemed a sufficient notice or answer. 22. A person removed, as provided in this chapter. Persons re- to the place of his settlement, who voluntarily returns to ^°^^'^^™' the town from which he was removed, without the consent sent to house of the overseers, on conviction thereof before a justice of ®'co"^ction. the peace, may be sent to the house of correction as a vagabond. 23. Overseers may make complaint, that a pauper Foreign pau- chargeable to their town has no settlement in the State, pers maybe to a justice of the peace, who may, if he thinks proper, ^"^^^^ by his warrant directed to a person named therein, cause such pauper to be conveyed, at the expense of such town, beyond the limits of this State, to the place where he belongs, but these provisions do not apply to families of volunteers enlisted in this State, who may have been mustered into the service of the United States. 24. Towns are to pay expenses necessarily incurred Towns liable to for the relief of paupers by an inhabitant not liable for individuals. their support, after notice and request to the overseers, ^^^' ^ ^* until provision is made for them. 25. When a person in their town, notoriously subject Overseers to to habits of intemperance, is in need of relief, the over- co^P^ai" o' pei-sons intern- seers are to make complaint to a justice of the peace in perate. the county, who is to issue a warrant and cause such iwd. § 33. person to be brought before him, and upon a hearing and proof of such habits, he is to order him to be committed to the house of correction, to be there supported by the town where he has a settlement, and if no such town, at the expense of the county, until discharged by the over- " Augusta T. Vienna, 21 Maine, 298; Bangor v. Fairfield, 46 Maine, 558. 336 PAUPERS. Towns may recover of paupers. Ibid. § 34. Overseers take possession of property of paupers de- ceased. Ibid. § 35. May prosecute and defend. Ibid. § 36. Penalty for bringing pau- pers into a town. Ibid. § 38. Common car- riers' liability for bi'ingiug non-resident paupers into the state. Proviso. 1875, c. 41. Soldiers not to be considered paupers. 1875, c. 21. seers* of the town in which the house of correction is situated, or by two justices of the peace and quornm. 26. A town, which has incurred expense for the sup- port of a pauper, whether he has a settlement in that town or not, may recover it of him, his executors, or administrators, in an action of assumpsit. 27. Upon the decease of a pauper then chai^eable, the overseers may take into their custody all his personal property, and if no administration on his estate is taken within thirty days, may sell so much thereof, as is neces- sary to repay the expenses incurred. They have the same remedy to recover any property of such pauper, not delivered to them, as his adminstrator would have. 28. For all purposes provided for in this chapter, its overseers, or any person appointed by tl^em in writing, may prosecute and .defend a town. 29. Whoever!^ brings into and leaves in a town where he has no settlement, a poor person, knowing him to be so, with intent to charge such town with his support, forfeits a sum not exceeding one hundred dollajs, to be recovered, to the use of such town, in an action of debt. 30. Any common carrier that brings into this state any person not having a settlement in the state, shall cause the removal beyond the lines of the state, of any such person, if he falls into distress within a year, .which removal said common carriers are hereby authorized to make ; provided such person shall be delivered on board a boat or at a depot of such common carrier, by the overseers or municipal officers requesting such removal ; and in default thereof, such common carrier shall be liable in an action of assumpsit for the expense of the support of such person after such default. 31. No soldier who has served by enlistment in the army, or navy of the United States, in the war of eighteen hundred and sixty one, and in consequence of injury sustained in said service, may become dependent upon any city or town in this state, shall be considered a pauper, or subject to disfranchisement for that cause. 15 Sanford V. Emery, 2 Maine, 5; Parsonsfleld v. Perkins, 2 Maine, 411; Houlton v. Martin, 50 Maine, 336; 21 Pick., 83; 110 Mass., 210; 16 Mass., 393. Pa^^A^nbrokers, statutes. 1. License and removal of pawnbrokers, and penalty for acting without license. 2. To keep an accurate and particular account of all business done, under a penalty. 3. Rate of interest fixed at twenty-five per cent, on loan of twenty-five dollars, and six on larger. 4. Time and mode of selling pawned property, and notice thereof, fixed under a penalty. 6. Penalty for not paying over proceeds of sale, after deducting amount due on loan. 1. The municipal officers of any town may grant License and licenses to persons of good moral character, to be pawn- removal of brokers therein for one year, unless sooner removed by g,^ said officers for a violation of law regulating their busi- k.s.,1871,c.35, ness ; and any person carrying on said business without ^ ^' a license, shall be liable to a penalty not exceeding one hundred dollars. 2. Every pawnbroker shall keep abook, in which he shall enter the date, duration, amount and rate of interest, of '^ount^of all every loan made by him ; an accurate account and descrip- business done, tion of the property pawned, and the name and residence ^^^^^^^^p®"- of the pawner, and, at the same time, deliver to said ibid. §2. pawner a written memorandum signed by him, containing the substance of the above entry, and at all reasonable times, submit said book to the inspection of any of the officers aforesaid ; and for every violation of this section he shall forfeit twenty dollars. 3. No pawnbroker shall directly or indirectly receive any rate of interest greater than twenty-five per cent a Rates of inter- year on a loan not exceeding twenty-five dollars, nor than est fixed, six per cent on a larger loan made upon property pawned, ^^*^' § ^* under a penalty of one hundred dollars for each offence. 338 PAWNBROKEBS. Timeandmode 4. No pawnbroker shall sell any property pawned, of selling until it has remained in his possession three months after er^" and ^no- *^® expiration of the time for which it was pawned ; and tice thereof, all such sales shall be at public auction by a licensed fixed under a auctioneer, and after notice of the time and place of sale, • penalty. Ibid. §4. the name of the auctioneer, and a description of the property to be sold are published in a newspaper in the town, where the property is pawned, if any", and if not, posted in two public places therein at least two weeks before the sale ; and all sales of such property otherwise made, shall be wholly void, and the pawnbroker, under- taking to make the same, shall forteit twenty dollars for every such offence. 5. After deducting from the proceeds of any sale as Penalty for not aforesaid the amount of the loans the interest then due, paying over ^^^ ^j-^g proportional part of the expenses of «ale, such sale, &c. pawnbroker shall pay the balance to the person entitled Ibid. § 5. to redeem such property if no sale had been made ; and if not so paid on demand, he shall forfeit double the amount so retained, one-half to the use of the pawner, and the other to the use of the State, Permits. Ordinance. Fee forpermits. Whenever a peniiit shall be granted to any person, under the authority of any order or ordinance, the applicant shall pay to the officer granting the same the sum of twenty-five cents, except in cases other- wise specially provided for. Fee for permits Eev. Ord. 1868. Petroleum, Inspection of. Statutes. 1. Inspectors appointed. Their duties. 2. Casks, how to be marked. False marks, how punished. 3. Casks must be inspected. Penalty for neglect. 4. Duty of Municipal ofRcers and police. Ordinance. Fees of inspectors. Statutes. 1. In towns containing two thousand inhabitants or more, the municipal officers shall, on or before the first inspectors of day of May annually appoint one or more persons, and petroleum to fix their compensation, to be inspectors of petroleum, j^ ^(^^^"^f*^ coal oil, and burning fluids who shall be duly sworn, and 2000inhabi- shall when requested inspect such oils and burning fluids J^^^^.JJ,"^"^®' R. S. 18/1, c. 39, by applying the fire test with G. Tagliabue's pyrometer § 99. or some other accurate instrument, to ascertain the ignit- ing or explosive point thereof in degrees of Fahrenheit's thermometer, and they shall cause every vessel or cask thereof by them so inspected to be plainly marked by the name of such inspector, the date of inspection, and the igniting or explosive point of the contents thereof. 2. Whenever any cask or vessel of such oil or fluid Casks, how to will not bear the fire test of at least one hundred and ^® marked, twenty degrees Fahrenheit, without ignition or explo- sion, the same shall be marked as aforesaid, and shall also be marked — unsafe for illuminatinq purposes. And False marks, if any inspector knowingly put false marks upon such how punished, casks or vessels inspected by him, he shall be punished iwd. §30. by a fine of not exceeding five hundred dollars, or by imprisonment for the term of six months in the county jail. 3. Every person and corporation engaged in manufac- turing petroleum or coal oil or burning fluid, shall cause ^j^f ecTe'dm^ every cask or other vessel thereof to be so inspected and this state. PETROLEUM, ETC. 341 marked by a sworn inspector. And if any person manuf ac- Penalty for tures or sells such oil or burning fluid, not so inspected and neglect, marked in this state, or that has not been so inspected and marked as unsafe for illuminating purposes, he shall pay a fine not exceeding five hundred dollars, or be imprisoned six months in the county jail, upon indictment therefor. 4. The municipal ofl3cers of towns, and the police of ^ ^ , ^ 7 £- Duty of muni- cities, shall have the right at all times to examine all such cipai officers oils and fluids kept in their towns, for sale, and to cause a^^fi police. '■ Ibid. § 32. the same to be inspected and tested ; and they shall do see r. s., isti, so in all cases where they are informed or believe the ^- ^' *^ 1 -, 1 §24, which same are kept ^r sale in violation of law ; and when g^ygs towns they find any persons so keeping or selling them they ^^e right to shall cause them to be prosecuted therefor. tio^g about petroleum and Ordinance. °*^^'' ^^p^°- sives. The compensation allowed to inspectors of petro- leum, coal oil, and burning fluid, shall be as follows : ^^es of inspec- ' ' o ' tors. For fifteen barrels and under, at the rate of twenty ord. June lo, cents per barrel ; for over fifteen and under thirty ^^^' Ijarrels, fifteen cents per barrel ; for over thirty and under fifty barrels, ten cents per barrel; for over fifty barrels, five cents per barrel. Pilots.' Statutes. 1. Appointment of pilots. 2. Board of Trade of Portland to appoint pilots of said city. 8. Their duty. Master may pilot his own vessel. 4. Fees, &c. ^ 5. Liabilities of pilots. .. 1 The governor, with advice of council, may appoint oath and bond pilots for any port, in which a majority of the ship of pilots. owners and masters apply in writing therefor and rec- R. S. 1871, C.36, , . , , , . " §1. commend suitable persons, and give to each of them branches or warrants for the execution of the duties of their office ; and they shall, before entering upon the same, be duly sworn, and give bond to the treasurer of State in the sum of five thousand dollars for the faithful performance thereof. 2. By the provisions of "an act to incorporate the Board of Trade Board of Trade of Portland," approved March twenty- of Portland to gecQn(j^ eighteen hundred and fifty-four, power was given for said city, to said board tq appoint such number of pilots for the Act, 1854, c. 232, harbor of Portland, as they may deem necessary for the safety and convenience of the commerce of said port ; and also to fix such compensation for the services to said pilots as said board may deem just and reasonable. Their duty. ^* Such pilots are authorized and directed to take charge of all vessels, drawing nine feet of water and upwards, bound into, and of all such vessels, except coast- ing and fishing vessels bound to sea out of any of said Master may ports, and shall pilot them into or out of the port assigned veeseii.^^ ^^" them, first showing to the master thereof their branch and R. s, 1871, c. 36, informing him of their fees ; but any master may pilot * ' his own vessel without being subject to pay therefor. 1 As to duties of pilots from infected places to anchor outside of the port. SeeR. S., 1871, c. 14, §§ 18 and 21. PILOTS. 343 4. The governor and council may fix the fees of pilot- Governor ami age ; specify the same in the warrent of each pilot ; trans- council to fix mit to each collector of customs in said ports a schedule complaints, thereof, to be hung up by him for public inspection ; hear and suspend and determine all complaints against such pilots for mis- nji^. § 3. conduct, and suspend or remove them and appoint others in their room. 5. If any vessel, while under the charge of such Liable for dam- pilot, is lost, run aground, or cast away, through his their fault, fault, he shall be liable to pay the owner or insurer a ibid. § 4. just compensation for any damage thereby sustained. 21 Police.' statutes. 1. Administration of police of city vested in mayor and aldermen. 2. Cities authorized to establish police regulations. 3. Police officers authorized to act as constables in certain cases. 4. Criminals and fugitives from justice may be arrested without a warrant 5. Aid may be required by officer. Penalty for refusing. 6. Policemen, how appointed. Ordinances. 1. City marshal to be appointed. To give bonds. To be sworn. 2. Duties of city marshal. To carry into effect laws and ordinances. 3. Duty to prosecute offenders. To lay before mayor and aldermen a statement of prosecutions, &c. To render to mayor and aldermen, annually, an account of moneys received. To pay over once in three months. To comply with rules and regulations. 4. Deputy marshals to be appointed. To act as captains of city watch. Compensation. 5. Duties of deputy marshals. To assist the marshal. To obey and execute orders of mayor and marshal. To serve warrants and subpoenas. To obey rules, &c. 6. Deputy marshals invested with power, &c., of captains of the watch. To assign to night police limits. To • receive reports. In case of sickness or absence the mayor to appoint a deputy marshal. 7. Policemen, how appointed. Compensation. Duties. To arrest and commit to watch house, offenders. To obey rules, &c. To obey orders of mayor or marshals. . 1 The relation of master and servant does not exist between a city and its police olficers. A city is not liable for their negligent acts. Mitchell v, Rockland, 52 Maine, 118. See Morgan v. Hallowell, 57 Maine, 375; 1 Allen, 172. As to temporary appointment by selectmen of towns, and that there is no necessity of their being sworn, see 4 Gray, 34; 99 Mass., 592; 12 Metcalf, 233. POLICE. 345 8. Watchmen may be appointed. Their duties. To be subject to rules, &c. 9. Policemen and watchmen subject to be called upon for extra services. Compensation. 10. Penalty for resisting police in discharge of duties. 11. Police uniform. Statutes. 1. By section five of the charter of the city of Portland, Powersofmay- the executive powers of said city generally, and the ^eno^er ^ administration of police and health departments, with all police. the powers of selectmen, except as modified by the charter, are vested in the mayor and aldermen. All the powers of establishing watch and ward, vested by the laws of the State in the justices of the peace and munic- PoUce.how ipal officers or inhabitants of towns, are vested in the mayor and aldermen, so far as relates to said city; Qty charter and they are authorized to unite the watch and police ises, §5. departments into one department and establish suitable regulations for the government of the same. The officers of police shall be one chief, to be styled the city marshal, so many deputy marshals as the city council may by ordi- ^^^^^'P^^*- nance prescribe, and so many watchmen and policemen as the mayor and aldermen may from time to time, appoint. 2. Cities may establish such police regulations as they , ■ . ^ . , Cities may es- may deem necessary for the prevention of crime, the tabUsh police protection of property, and the preservation of good regulations. order, not inconsistent with the laws of the State. ^^ - . • .• 3. Police officers, duly appointed in any city, shall have pouce officers all the powers of constables in all criminal matters, or power^o? con- relating to the by-laws of their city. S?n matters!''' 4. The city marshal of Portland, or other persons R-^i87i,c.80, legally qualified to execute criminal process within said criminals and city, shall have power without warrant, to arrest and fugitives from detain any person found in said city, upon information ^"^*'^^?'^^-t^ that such person has committed a crime in another State out a warrant. or country, or in any city or town within this State, and is ^ct. 1853, c. 167, a fugitive from justice or is about to escape, and the person so arrested may be detained by such officers for a reasonable time, until such person can be delivered into .346 POLICE. proper or legal custody on a warraDt or otherwise, according to the nature of the case. 5. Any officer aforesaid, ^ in the execution of the duties Aid may be re- ^^ ^^^ office in criminal cases, for the preservation of the duii:ed by of- peace, for apprehending or securing any person for the ^^^^' breach thereof, or in case of the escape or rescue of per- sons arrested on civil process, may require suitable aid therein ; and any person, so required to aid, who neglects or refuses so to do, shall forfeit to the use of the county Penalty for re- *^ fusing. not less than three, nor more than fifty dollars ; and if he U.S. 1871, c. 80, does not forthwith pay such fine, the court may punish ^^^' him by imprisonment not exceeding thirty days. Police to be ap- 6. The city marshal, deputy marshals and policemen, pointed by ^f ^^le city of Portland, shall hereafter be appointed by Mayor with -^ .' . ^ ^ -^ advice and the mayor, by and with the advice and consent of the consent of ai- aldermen, and shall hold office during good behavior, ' Private laws, subject, however, after a hearing, to removal at any 1878, c. 16. time by the mayor, by and with the advice and consent ^877^0^3^5 ^^ *^^ aldermen, for inefficiency or other cause. The mayor may, for cause, suspend any policeman- from duty, and such suspension shall continue in force till the next meeting of the aldermen. Ordinances. CITY MARSHAL. ♦ City marshal to 1. The mayor, by and with the advice and consent of the aldermen, shall in the month of March, annual- al, appoint a city marshal, who shall hold his office until another be appointed and qualified in his stead. • To give bonds. And the clty marshal, before entering upon the duties Rev.ord.*i855, ^^ ^^^ office, shall give bonds, with sureties to be as amended by approved by the mayor and aldermen, in such sums Rev. ord., 1868. ^s they may prescHbe, and shall be sworn to the faithful performance of the duties of his office. Duties of city 2. It shall be the duty of the city marshal, from marsia. ^^^^ ^^ time, to pass through every street, alley, ^ A city is not liable for personal injury sustained by one while aiding police ofllcer. Cobb u. Portland, 55 Maine, 381. POLICE. 347 court, square, and public place of the city, to observe nuisances, obstructions, or impediments therein, to' the end that the same may be removed, according to law ; to notice all ojffenses against the laws ; to be vigilant and active in detecting any violation or breach of any law or city ordinance, taking the names of the oflenders, to the end that they may be prosecuted ; to receive all complaints made for any breach of the laws, and for that purpose shall attend daily at his to carry into office, and at stated times. It shall be his duty to effect laws and enforce and carry into effect, to the utmost of his Rev. ord. ises. power, all and each of the city ordinances according to the true intent and meaning of the same, and to obey and execute all the commands and orders of the mayor and aldermen. 3. It shall l)e the duty of the city marshal to pros- ecute all offenders against the laws of the State and ^""^^ *2 T"^' o cute offenders. ordinances of the city, within* one week after detect- ing or ascertaining the offence or offences by them respectively committed ; to attend regularly and punctually at all trials of offenders prosecuted in behalf of the city, and to use all lawful means for their effectual prosecution and final conviction; to lay before the mayor and aldermen a correct statement to lay before of all prosecutions by him instituted before the de^en^a municipal court, within one week after their final statement of determination. And it shall be his duty annually, &c. to render to the mayor and aldermen an account of to render to the names of all persons from whom he may have "g^j^^en "n-** collected fines, and for what offence, and the sums so nuauy, an ac- collected from each, during his term of office ; and as m^es re- often as once in three months, he shall pay over to the ceiled- city treasurer all monies which he may have received To pay over •^ , "^ . once m three belonging to the city ; and he shall further perform months. all such other additional duties, and comply with all To comply with such regulations as ma^^ at any time be prescribed to ^^o^,' ^^ him by the maj^or and aldermen. i^^^. 348 POLICE. DEPUTY MARSHALS. 4. The mayor, by and with the advice and consent shais tobeap- of the aldermen, shall in the month of March, annual- pointed. ]y^ appoint two deputy marshals, who shall discharge '^taint of Tity ^1^ ^^^ ^^ties of captains of the city watch, and they watch. shall devote all their time to the discharge of the Compensation ^^^^^^ ^f ^j^^-^, ^^^^ ^^^ ^j^ gj-^^|j ^^ entitled tO Ibid, as amend- ^ . . ed by city reccivc for their services such compensation as shall be determined by the city council. Duties of dep- 5. It shall be the duty of said deputy marshals to act uty marshal s through the Week, Sundays included, as the day police, to assist the marshal in the discharge of his To obey and official dutlcs, to obey and execute all orders of the execute or- mayor and the city marshal, to officiate for the city mar- and marshal. ^^^^ ^^ ^^^ abseucc, to scrvc all warrants and subpoenas To serve war- in Criminal matters which they may receive from the rants and sub- • , it • • i ' j j t , pcEnas. ^^v marshal or municipal court, to endeavor to pre- To obey rules, ycut all disturbances and violations of law, and to j^jj^" arrest and detain for further proceedings every person found by them violating any of the laws of the State, or ordinances of the city, and they shall obey all rules and regulations of the mayor and aldermen. Deputy mar- ^* ^^^^ deputy marshals are hereby invested with shais invested all the powcrs and authority of captains of the watch, &c.,orcIp^' and they shall, every other night, by turns, discharge tains of watch, the dutics of that office, and act throughout the night as captain of the watch. The captain of the watch To assign to ^^^^^ ®^^^ ^^^&^^ assigu to the night police their respec- nightpouce tive limits, and be present at the office, at the hour appointed by the mayor and aldermen for their dis- To receive re- eharge, to receive their reports and discharge them ports. from further duty, unless in his opinion, it shall be expedient to continue the whole, or any number of them, on duty through the night, which at any time* he is authorized to do ; he shall also each night, unless his attendance is required at the watch house, ascer- tain by his personal investigation when practicable, POLICE. 349 whether the policemen and watchmen are faithful in the performance of their duties, and report the next morning to the mayor the officer who shall be found unfaithful. In case of sickness or inability of either "ess^oAb-*^ of the deputy marshals to perfoi-m the duties incumb- absence, the , . mayor to ap- ent on him, the mayor shall have authority to appoint point a deputy another deputy marshal in his stead, so long as his j^^"^^^" services may be required. 7. The mayor, by and with the advice and consent PoUcemen,how of the aldermen, shall also appoint, from time to time, such numbers of persons as they shall deem ex- pedient, to constitute a police of the city, who shall be placed on duty at such hours and ser\^e for such compensation. time as the mayor and aldermen shall determine ; and they shall be entitled to such compensation for their services as the city council shall determine. It shall ^"*^®^- be incumbent on the police, during the hours they ^o arrest and shall be on duty, to patrol constantly throughout their commit to respective limits, to endeavor to prevent all violations offenders. of law, and ari'est and commit to the watch house all to obey rules, persons found by them violating any of the laws of *^- this State, or ordinances of the city ; they shall obey To obey orders all rules and regulations established by the mayor and ^* ™ayor, &c. aldermen, and the orders of the mayor, marshal, or n>id. as amend- deputy marshals, and shall be subject to removal by charter. the mayor, whenever in his opinion it shall be deemed expedient. 8. The mayor, by and with the advice and consent watchmen may of the aldermen may, from time to time, appoint such Theu^duiTes. number of watchmen as they may deem expedient, To be subject who shall be sworn and shall perform such duties and ^^^ ^^^ ^^^ be subject to such rules and regulations as are or may as amended by be established by the mayor and aldermen. poUcemeTand 9. Said policemen and watchmen shall at all times, watchmen either by day or by night, be subject to be called upon ^ueTup^on by the mayor or city marshal, to assist in quellino^ any *or extra services. duties. Ibid. 350 . POLICE. riot or disturbance, or arresting any offenders, or to Compensation, perform any other duties of policemen that may be Ibid. required of them, for all which extra services they shall be paid such compensation as the city council shall determined Penalty for 10. If any pcrsou shall resist the police in thedis- resisti^ po- charge of their duty, or any member thereof, he shall charge of pay a fine of not less than ten nor more than fifty dollars for each and every oflTence ; and if any person shall neglect or refuse to aid and assist the police, or any member thereof, when called upon so to do, he shall forfeit and pay not less than five nor more than twenty dollars. POLICE UNIFORM. Uniform of 11. Ordered, That the dress of the oflScers and of ma'yoraM ^lembcrs of the Portland Police Department, when aldermen. ou duty, shall be in conformity to the schedule Rev!ord.^i868. described as follows : City marshal to wear blue dress coat with police buttons, black pantaloons, merino vest, black hat with gold star in a rosette oi» the same. Deputy marshals to wear blue frock coat with police buttons, dark blue pantaloons, blue cloth cap with glazed covering. This dress to be dispensed with on detective duty. Police to wear dark blue frock coat, dark blue pants, black silk or satin vest. In spring and fall, black cloth vest. In winter, single breasted, made to button up to the top, except a loop across the top under the chin ; black silk or satin neck stock. The buttons on the frock coat to be worn in the usual manner, and the usual number, and to be fastened with a ring through the eye, so that the same can be removed and their places supplied by buttons of a diflferent pattern, when the officer is permitted to lay 1 9 Gray, 78. POLICE. 351 aside his uniform, or when he leaves the department ; bhie cloth cap of uniform style and shape, made with glazed covers. Marshal, deputy marshals and policemen shall wear dark blue overcoats, cut in uiiifonn style, single or double breasted as the marshal shall decide, and'' of the same shade of color, and supplied with the police buttons, to be worn in the same manner as the buttons to be worn on the frock coat, at such seasons of the year as the marshal may direct. On public occasions, so much of the police uniform shall be worn as the marshal may direct or determine. Nothing in the adoption of the uniform dress, shall prevent the city marshal from ordering such dress for officers detailed for special duty, as he may think proper. Public Buildings, Committee on public build- ings to be appointed. Rev. Ord. 1868. To have care and custody of public buildings, except, Ac. Ibid. Proviso. 7. 9. 10. 11. 12. Committee on public buildings to be appointed. To have care and custody of public buildings, except, &c., Proviso. To lease buildings belonging to city, subject, &c. Committee to prepare plans, &c., of buildings to be erected, repaired, &c. To publish notice of time and place for exhibition of same. Proposals for work to be sealed. How opened. Not to be disclosed till contract is made. Proviso. Contracts exceeding $500 to be in writing, and signed by the mayor. Not to be altered, unless, &c. Expenditure not to exceed appropriations. Purchasers of land for erecting buildings, to be made under direction of committee. No building or land appurtenant to be sold without an order from city council. Kepairs, &c., to be done under committee on public build- ings. Lease of city building and contract Feb'y 1, 1858. 1. There shall be appointed, annually, a joint committee of the city council, to be called the com- mittee on public buildings, to consist of two members of the board of mayor and aldermen, and three mem- bers of the common council. 2. The said committee shall have the care and custody of all buildings belonging to the city, and of. the erection, alteration and repair thereof, except as is otherwise provided in this and other ordinances of the city, and subject to such rules, orders and regula- tions as the city council may from time to time adopt : Provided y that the school committee shall have the care and custody of the school houses belonging to the city. PUBLIC BUILDINGS. 353 3. The said committee are authorized to lease any to lease buiw- building belongipg to the city, which is not otherwise J^^^f^\'J^^^ appropriated, for any period not exceeding three subject, &c. years, and upon such terms and conditions as they ^^^^• may deem expedient, subject, however, to the appro- val of the mayor and aldermen ; and in such case the lease shall be signed and executed by the city treasurer. 4. Whenever any building for the use of the city committee to '^ • <=> " prepare plans, shall be erected, altered, or repaired, the expense of &c.of buiw- which may exceed the sum of five hundred dollars, erected^ it shall l)e the duty of the committee that may have repaired, &c. charge of the same, to prepare or cause to be ^^*^* prepared the requisite plans and specifications of the work to be done. 5. The said committee shall give notice in the to pubush no- newspapers in which the ordinances of the city are ^^^ piace^for published, of thfe time and place of the exhibition of exhibition of 11 -t 'c* • 1 X same. «uch plans and specifications as may be necessary to ^^.^ enable contractors to make their estimate of the proposed work. 6. No proposal shall be received by the said com- proposals for mittee, from any person ofiering to contract for such ^aied*"^® work, unless the same is sealed, and no proposal shall how opened, be opened except in committee actually assembled, and the contents of no proposal shall be made known ^^^osed^iif ^ to any person not a member of the committee, until contract is after a contract shall have been made, provided, always, ™* that if any such proposals shall be offered by persons who, in the judgment of said committee, shall be incompetent to perform their contracts in a workman- Proviso. like manner, or irresponsible in respect to their means of faithfully executing the same, the said committee may in their discretion reject any such proposal, not- withstanding the same be at a lower rate than other proposals offered for the same work. 354 PUBLIC BUILDINGS. Contract 7. In all cases where the amount of any contract exceeding ^Yiall exceed the sum of five hundred dollars, the $500 to be in ^vriting, and contract shall be in writing, and signed by the mayor signed by ^^ ^^^q part of the city, and after being signed by the parties, no such contract shall be altered in any partic- ular, unless a majority of the said committee shall Not to be siofnify their assent thereto, in writino^, under their altered o «/ ' o' unless, '&c. respective signatures, indorsed on the said contract. ^^^^- 8. The amount of expenditures for the foregoing Expenditures purposcs, ill any One year, shall never exceed the appropria^^*^ appropriations made by the city council for the same, tions. and no expenditure exceeding two hundred dollars ^^^' shall ever be made in the alteration or repair of any building, without an express vote of the city council authorizing the same. Purchases 9. Whenever the city council shall order the pur- erectingbuiid- chasc of land, for the purpose of erecting any build- made under ino^ thereon, such purchase shall be made under the direction of ^^ ^ ^ committee. direction of the said committee on public buildings. Nobuiidin ^^* ^^ building, or land appurtenant thereto, shall w?thou^Vrder ^^ ^^^^ ^7 ^^Y committcc of the city council without of city council. ^^ order from the city council authorizing such sale. 11. All repairs, alterations or enlargements of any bTd(me under ^^ ^^^ public buildiugs belonging to the city, necessary committee on or requiring to be made, shall be done under the ings. direction of the joint standing committee on public (^d.Feb.9, buildings, and no bill shall be allowed or paid by the city for any labor or materials used in repairs upon any building belonging to the city, unless the same shall have been approved by said committee.^ 12. Lease from Cumberland county to city of Portland of City Building for nine hundred ninety^ nine years ^ from February 1st, 1858. Whereas, the city of Portland, in the State of Maine, and the county of Cumberland, in said State, 1 See title " Contracts and Expenditures." PUBLIC BUILDINGS. 355 by the court of county commissioners, have negotiated respecting the leasing to said city, of the lot of land belonging to said county, situated on the northerly side of Congress street in said Portland, bounded by Myrtle street on the east, and the land of Nicholas Emery and others on the west, and by land of N. D. Appleton and others, on the north, together with the buildings now thereon. And the said county has agreed to grant, and the said city to accept, a lease of said lot and buildings, upon the terms, agreements, covenants and conditions, hereinafter in this instru- ment set forth. And whereas, the Committee on Public Buildings, appointed by the city council of said city, were by said order of said council, passed January 29th, 1858, duly authorized to close a con- tract with said county for a perpetual lease of the lot of land aforesaid, for the purpose of erecting thereon buildings for the use of said city. And whereas, said city has procured an architectural plan of such a building and improvements, as they wish and propose to erect and put upon said lot, subject however to such changes as may be finally proposed and agreed upon by and between said parties. Now this indenture, made this thirty-first day of March in the year eighteen hundred and fifty-eight, between the county of Cumberland aforesaid, on the one part and the city of Portland aforesaid, on the other part, Witnesseth : That, in consideration of the premises, and of the terms, covenants and condi- tions, hereinafter contained, to be paid, done and performed by said city ; the said county of Cumber- land doth hereby demise and lease to the city of Port- land aforesaid, the lot of land above described belong- ing to said county, situated on the northerly side of 356 PUBLIC BUILDINGS. Congress street in said Portland from Myrtle street westerly to Nicholas Emery's land, being one hmidred and fifty-six feet more or less, on Congress street, and, extending northerly about two hundred and ^ixty- five feet to land of Appleton and others, together with all the buildings thereon, belonging to said county. To have and to hold the same, with all and singu- lar, the estate, rights, privileges and appurtenances thereto belonging to the said city, for and during the full term of nine hundred and ninety-nine years from the first day of February in the year of our Lord eighteen hundred and fifty-eight, reserving thereupon, a yearly rent of one dollar a year, payable to said county on demand by them, at the end of each year and not otherwise. This lease is made and adopted upon the following further terms, covenants and agreements, that is to say : First. The said lessees are hereby authorized to remove any and all buildings now on the premises, and use the materials thereof, provided however, that the gaol, the keeper's house and appurtenant build- ings now used for the accommodation of the gaol and keepers, are to remain unaltered until the new gaol and the keeper's apartments therein are ready for occupation, and the prisoners and the keeper shall have removed thereto. Second. That said city shall furnish apartments and accommodations for the business of the county, either by altering and remodeling the present Court House, or by erecting a new one ; that is to sa}^ said city in said new or altered buildings, shall provide and furnish to the approval of the county commis- sioners, a court room for the Supreme Court, a Grand Jury room, two rooms for the Traverse Juries, a fire PUBLIC BUILDINGS. 357 proof library room and adjoining lobby and entrance to lobby, two rooms for the Clerk of the Courts, a room for the County Commissioners' Court, fire proof rooms for the records of the Clerk of the Courts, for the Register of Deeds and for those of the Probate Court, a Court room for the Probate Court, and another with lobbies for the jMunicipal Court, a fire proof apartment or safe for the County Treasurer ; and offices for the County Treasurer, County Attor- ney and Sheriff, w^ith such additional room as may be necessar}' and all according to the standard* in similar buildings of modem construction. Third. Said city shall, during the continuance of this lease, keep said buildings and the various rooms . and apartments above described in good repair, and continue to furnish such conveniencies and accommo- dations from time to time, as may be necessary and proper, for the use of said county, free of any charge or expense to said county. Fourth, Said city shall not erect any other build- ings upon said lot, but such as are indicated in the plan to be finally agreed upon and adopted, except to enlarge their accommodations for public use, by addi- tions to said building described on said plan, without the written assent of the County Commissioners for the time being, or of the persons who may then be acting as the agents or representatives of said county. Fifth. The said lessees are hereby authorized to sell or otherwise dispose of, alter, amend and repair, or take down and remove, any of the buildings on said lot, subject to the reservation in the fourth article and to use the materials thereof in ^uch new buildings as they may erect, but if they take down the present Court House, or in altering the same, shall disturb or prevent the proper occupation of that building by the courts and officers now using it, they shall furnish free of expense to the county such 358 PUBLIC BUILDINGS. accommodation as may be suitable and necessary for the use of the county. Sixth. The said lessees hereby covenant, that they will well and truly perform and keep, all and singular, tt^e covenants and agreements in this lease contained ; and if at any time hereafter, during the continuance of this lease, said lessees shall neglect to repair said court house on due notice and request l)y the commis- sioners or agents of said county, or shall fail to fur- nish such accommodations and conveniencies as this instrument prescribes and requires ; said city shall forfeit to the said county, the sum of fifty thousand dollars, and such further sum as the said county may be subjected to in making the necessary repairs, or furnishinof the accommodations and conveniences deemed necessary and proper. /Seventh. And should, at any time hereafter, any question arise, as to the proper construction of this instrument, or of the terms, covenants and conditions thereof, such disagreement shall be referred to, and determined by three impartial, intelligent and disin- terested men, one of whom shall be a judge of the Supreme Judicial Court of Massachusetts ; and in case the parties cannot agree upon the other two, they shall be appointed by the person above designated, and the final award and determination of these arbi- trators, to be made in writing to the parties, shall be final and conclusive upon them. In testimony whereof, the said county of Cumber- land by the county commissioners thereof, on the one part, and the Committee on Public Buildings of the city of Portland, each being duly authorized and qualified therefor, have set their names respectively, and caused the corporate seals of said county and city to be affixed hereunto in duplicate.^ ' 2 This contract and lease is on file in tiie treasurei*'s office. Public Parks and Squares/ Statutes. 1. When muncipal officers may take land for public parks, 2. Duty of municipal officers. 3. Appeal. Ordinance. 1. Removing gravel, &c. Statutes. 1. Any town or city, containing more than one thou- sand inhabitants, npon petition in writing signed by at pai officers least thirty of the citizens thereof, who are tax payers, may take land directed to the municipal officers, describing the land to ^^^^ ^ be taken as herein provided, and the names of the owners issi, c. 76, § i. thereof, so far as they are known, at a legal meeting of such town, or of the mayor, aldermen -and city council of such city, may direct the municipal oflScers of such town or city to take suitable lands for public parks or squares ; and thereupon such municipal officers shall have power and authority to take such lands for such purpose, but such land shall not be taken without the consent of the owner, if at the time of filing such petition with such municipal oflScers, or in the oflSce of the clerk of such town or city, such land is occupied by a dwelling-house wherein the owner thereof or his family reside. 2. Whenever the municipal officers of such town or city shall be directed to take land as provided by section one of this act, they shall, within ten days thereafter, give writ- putrof muni ten notice of their intention to take such land, describing cipai officers, the land to l>e taken, and the time and place of hearing, ibid. §2. 1 For establishment of Lincoln Park in 1861 and '^7, see City Records, vol. U, pp. 292, 297, 304, 323, 333, 367, 412, 415, 424, 446. Lincoln Park contains about two and one -half acres. For the records in the matter of "Deering's Oaks," a park of about fifty acres, see order of city council of Sept. 27, 1879, vol. 20, p. 82 ; and records and plans In city engineer's office. 22 360 PUBLIC PARKS AND SQUARES. by posting the same in two public places in the town where the land lies, and in the vicinity of such land, and by publishing the same in some newspaper printed in such town or city, seven days before the day of such hearing, and if no newspaper is printed in such town or city such notice shall be given in some newspaper printed in the county where the land lies, three weeks succes- sively, the last publication to be seven days before such hearing. The municipal officers shall meet at the time and place specified in the notice, view the land to be taken, hear all parties interested, and if they decide that the land is suitable for the purpose for which it is to be taken, they shall take the same and estimate the damages to be paid to each person owning the same, or interested therein, so far as they are known to said municipal offi- cers, and shall make return of their doings in writing, signed by them or a majority of them, which return shall describe by metes and bounds the lands so taken, and shall state the purpose for which it is taken, the names of the owners, so far as they are known, and the amount of damages awarded to each, which return shall be filed and recorded in the clerk's office of such town or city, and a copy thereof, certified by such clerk, shall be recorded in the registry of deeds for said county. 3. Any person aggrieved by the estimate of damages may appeal therefrom by filing, within thirty days, in the office of the county commissioners for the county where the land is taken, a petition in writing, signed by the party aggrieved, his agent or attorney, describing the land taken, the interest of tjie petitioner therein, the amount of damages awarded therefor, and claiming an appeal to the county commissioners from the estimate of the municipal officers. A certified copy of such petition shall be served upon such municipal officers, by leaving the same in the clerk's office of such town or city, at least fourteen days before the hearing thereon ; and the subsequent proceedmgs relating to the hearing upon such petition and damages shall be the same as now provided respecting highways. When such damages shall be finally Appeal, § 3. PUBLIC PARKS AND SQUARES. 361 determined, they shall be certified to the clerk of such city or town, and paid by the treasurer thereof. Ordinance. No person shall remove any gravel, soil or material from any portion of the western promenade, the Removing cemeteries, or any other public grounds within the (^d?^9*Autr city, without the consent of the mayor expressly 3o. given therefor. Any person violating this ordinance, shall be subject to a penalty of fifty dollars. Railroads/ statutes. 1. Atlantic and St. Lawrence Railroad Co., City of Portland to aid in construction. Act of 1848. 20 sections. 2. Atlantic and St. Lawrence Railroad Co., City of Portland to aid in construction. Act of 1850. 25 sections. 3. Atlantic and St. Lawrence Railroad Co., City of Portlard to aid in construction. Act of 1852. 7 sections, 4. Atlantic and St. Lawrence Railroad Co., City of Portland to aid in construction. Act of 1853. 7 sections. 5. Atlantic and St. Lawrence Railroad Co., City of Portland to aid in construction ; respecting loans of credit. Act of 1868. 8 sections. 6. Portland and Ogdensburg Railroad, City to aid. 18 sec- tions. 7. Portland and Forest Avenue Railroad, charter, 15 sections. 8'. Portland and Forest Avenue Railroad, amendment. 5 sec- tions. GEXERAL RAILROAD ENACTMENTS. 9. City has power to sell its interest in any railroad. 10. Any stockholder may call for a stock vote. 11. Towns may aid in constructing railroad, extent of aid. 12. Towns may erect gates at railway crossings. 13. Taxation of railroads, buildings, &c. Act of 1881. 14. Excise tax to State treasurer. 15. Tax, how ascertained. 16. Governor and council to determine amount. 17. When payable. 18. Proceedings for abatement. 19. Duty of railroad commissioners. 20. Inconsistent acts repealed. 21. Railroad Company may construct side tracks to a mill, &c. 22. Crossing of a railroad or canal by a railroad. 23. Paupers brought into State by a railroad. 24. When a city or town is entitled to a director. 25. City of Portland authorized to sell its interest in certain railroads. ORDERS AND ORDINANCES. 1. Portland and Forest Avenue Railroad, — street railway, location. Order. 1 For General Railroad Laws, see R. S., 1871, c. 51. The interest of the city in the Portland and Rochester Railroad having been sold in 1879, all legislation on that subject is omitted from this book. RAILROADS. 363 2. Portland and Forest Avenue RaUroad Route, turn outs. Order. 3. Portland and Forest Avenue Railroad, tracks, grades and curves. Order. 4. Portland and Forest Avenue Railroad, construction of tracks, rules, &c. Order. 5. Portland and Forest Avenue Railroad, additional location. Order. 6. Portland and Forest Avenue Railroad, obstructions. Or- dinance. AGREEMENT. Atlantic and St. Lawrence Railroad Co., Agreement with city of October 31, 1868. Statutes. 1. ACT AUTHORIZING THE CITY OF PORTLAND TO AID THE CONSTRUCTION OF THE ATLANTIC AND ST. LAWRENCE RAILROAD.^ Private laws Sec. 1. The city of Portland is hereby authorized to city of Port- loan its credit to the Atlantic and St. Lawrence Railroad ized to loan its Company in aid of the construction of their railroad, A^tianticand subject to the following terms and conditions. Railroad Co^ Sec. 2. This act shall not take effect, unless it shall be This act to be accepted by the directors of said railroad company, and thrcUrectors by the vote of the inhabitants of said city, voting in of said com- ward meetings, duly called, according to law; and at L^'Tv^'ll^^ , c ' fjje innabl- least two-thirds of the votes cast at such ward meetings tants of said shall be necessary for the acceptance of the act. The ^^^• returns of such ward meetings shall be made to the aldermen of the city, and by them counted and declared, and the city clerk shall make record thereof. Sec. 3. Upon the acceptance of the act as aforesaid, the Citj- treasurer city treasurer is authorized to make and issue from time authorized to to time, for the purposes contemplated in this act, the issue the scrip scrip of said city, in convenient and suitable sums, pay- o'^hecity. able to the holder thereof, on a term of time not less than twenty, nor more than thirty years, with coupons for ' For charter and amendatory laws and effect of same, see also Private Laws 1845, c. 195; 184(5, c. 310; 1850, c. 304; 1850, c. 335; 1851, c. 431; 1853, c. 14;ia53, c. 41; 1853, c. 150; 1S53, c. 178; 1853, c. 195; 1869, c. 84. Whit- ney V. Atlantic & St. Lawrence Railroad Co., 44 Maine, 362; P. S. & P. R. R. Co., V. G. & Tr. R. Co., 63 Maine, 269. Mortgages of said railroad company to the city recorded in city clerk's office, vol. 7, p. 76; and Cum. Reg. of Deeds B. 226, p. 562; and citj- clerk's office, vol. 7, p. 475; and Cum. Reg. of Deeds B. 243, p. 225. 364 RAILROADS. When $550,000 have been re- ceived from assessments and expended on said road, the city treas- urer author- ized to deliver the directors' scrip to the amount of $200,000. When $300,000 more may be delivered. When further portions may be delivered. Whole amount not to exceed $1,000,000. Certain pre- requisites to be complied with. Bate of scrip. Proceeds applied exclu- sively to the construction «f_said road, &c. interest attached, payable semi-annually, or yearly, as may be agreed: Sec. 4. When the railroad company shall have received from assessments upon the shares of the private stock- holders therein, and shall have expended upon the con- struction of the road, and its necessary equipment, the sum' of five hundred and fifty thousand dollars, the city treasurer shall then deliver to the directors of the company, the scrip aforesaid to the amount of two hundred thousand dollars. When the company shall have expended that sum in the further construction and equipment of the road, and shall have received from the assessments upon the shares of private stockholders, the furthei'' amount of one hundred thousand dollars the city treasurer shall deliver of the scrip a further amoupt of three hundred thousand dollars. Sec. 5. When the company shall have expended in the further construction and equipment of the road at least one-half the proceeds of the scrip last named, further portions of the scrip shall be from time to time delivered thereafter, in such amounts and proportions, that the aggregate of all the scrip delivered shall at no time exceed the whole amount of the assessments paid in and expended. But the whole amount of the scrip to be issued and delivered shall never exceed one million of dollars. Sec. 6. Before the delivery of any of the scrip, in any of the cases provided in the preceding sections, the directors of the company shall furnish satisfactory evidence to the mayor and aldermen of the city, that all the pre-requisites therein prescribed in the several cases have been respec- tively complied with, and shall file with the city treasurer a certifiate of such compliance, signed by the president and treasurer of the company, to which certificate they shall severally make oath. In all cases, the scrip shall bear date from the delivery thereof, and the proceeds thereof shall be applied by the directors of the company, exclusively to the construction and necessary furniture and equipment of the Atlantic and St. Lawrence railroad. Sec. 7. Upon the delivery of each and every portion of the scrip aforesaid, the directors shall execute and deliver RAILROADS. 365 to the city treasurer, the bond of the company, in an equal Bond to be amount, payable to the city, conditioned that the company ^^.'"o^^eij^. will duly pay the interest on said scrip, and will provide for ery of scrip, the reimbursement of the principal thereof, and hold the city harmless on account of the issue of the same, accord- ing to the provisions of this act. . Sec. 8. The directors shall also transfer to the city, Collateral upon the delivery of any portion of the scrip as aforesaid, ^^^^^'y- an equal amount in the shares of the company, to be held as collateral security for the bond of the company, required to be given in such case. And the shares so held as collateral shall be credited on the stock books of the company as fully paid up, and no assessments shall ever be required thereon, nor shall any dividends be paid on the same, nor any right of acting or voting at the meet- ings of the company be claimed or exercised by reason of said shares, so long as the same shall be held as collateral as aforesaid. Sec. 9. From and after the issue and delivery to the directors of any portion of the scrip aforesaid, the city ^^^e^'^'^^ori*^" shall have a lien upon the said railroad, and upon all the for said bond, property and franchise of the company, to secure the performance of the conditions of all the bonds of the company executed and delivered under the provisions of this act. Sec. 10. For the purpose of providing for the reim- bursement of the principal of the scrip, authorized to be sinking fund, issued by this act, there shall be established a sinking fund, and commissioners shall be appointed to manage the same. One of said commissioners shall be appointed by the mayor and aldermen of the city, and one by the directors of the company, and in case of a vacancy in commissioners the place of either, the same shall be supplied by the mayor and aldermen, or by the directors, respectively. Both of said commissioners shall be appointed, and quali- fied before the delivery to the directors of any of the scrip. The commissioners shall severally be sworn to the faithful discharge of the duties enjoined upon them by this act, in presence of the city clerk, who shall make a certificate and record thereof, as in the case of the qualification of city oflScers. Each of the commissioners 366 RAILROADS. Compensatioii. Sinking fund, how con- stituted. Duty of com- missioners. Treasurer. Moneysbelong- ing to said .fund, liow invested. shall give a bond to the city, with satisfactory sureties, in the penal sum of ten thousand dolhirs, conditioned for the faithful discharge of his duty as commissioner. They shall receive such compensation as may be established by the directors, which shall be paid to them by the com- pany, and shall not be diminished during their continuance in office. Sec. 11. Whenever the directors shall receive any por- tion of the scrip, authorized as aforesaid to be delivered to them, they shall pay to the city treasurer, two per cent, of the amount of the scrip so delivered, which amount shall be, by the city treasurer, placed to the credit of the commissioners of the sinking fund, and shall constitute a part of said fund. The directors shall also, annually, in the month of April, pay to the city treas- urer, from the income of the road, one per cent, of the whole amount of scrip which shall have been, before that time, issued and delivered, and shall be then outstanding ; but after the expiration of live years from the time of the delivery and the receipt of the first portion of scrip as aforesaid, the said annual payments from the income of the road shall be increased to one and a half per cent, of the amount of the scrip, then outstanding as aforesaid, and the said annual payments of one per cent, for five years, and one and a half per cent, annually thereafter, shall be successively placed to the credit of the commissioners of the sinking fund, and shall constitute a part of said fund. Sec. 12. The commi^ioners shall have the care and management of all the moneys and securities at any time belonging to said fund ; but the moneys uninvested, and the securities, shall be in custody of the city treasurer, who shall be, by vii'tue of his office, treasurer of the sinking- fund, and shall be responsible, on his official bond to the city, for the safe keeping of the moneys and securities of the fund. He shall pay out and deliver any of the said, moneys and securities only upon the warrant of the commissioners. ' Sec. 13. The commissioners shall from time to time, at their discretion, invest the moneys on hand, securely, so that they shall be productive, and the same may be loaned on mortgage of real estate, or to any county, or BAILROADS. 367 upon pledge of the securities of any county in this State, or invested in the stock of this vState, or of the United States, or in the stock of any railroad company in New England, whose road is completed, and whose capital has been wholly paid in. Any portion of the fund may be invested in the city scrip authorized by this act, and such scrip shall not thereby be extinguished, but shall be held by the commissioners, like their other investments, for the purposes of the fund. An amount not exceeding ten per cent, of the fund may be loaned on pledge of the stock of any bank, or of any stock insurance company in this State. And the commissioners may from time to time sell and transfer any of said securities. To be reserved Sec. 14. The sinking fund, and all the sums which for the re- shall be added thereto by accumulation upon the invest- ^™^rinci**ai ments thereof, shall be reserved and kept inviolate for the of said scrip, redemption and reimbursement of the principal of said scrip at the maturity thereof, and shall be applied thereto by the commissioners. Sec. 15. Any of the shares in the stock of the rail- When the road company, held by the city as collateral, may be sold collateral may and transferred by direction of the commissioners of the be sold or sinking fund, with the consent of the directors of the rail- road company, whenever an exchange thereof can be advantageously made for any of the city scrip, authorized by this act, or whenever the said scrip can be advanta- geously purchased with the proceeds of any such sale of such collateral shares. And the scrip so purchased or taken in exchange, shall be thereupon cancelled and extinguished, and the amount thereof shall be endorsed on the respective bonds of the railroad company given on the issue and delivery of such scrip. But no part of the sinking fund, or of its accumulations, shall be applied at any time or in any manner to the redemption and extinguishment of the scrip before maturity thereof. "au to^*T* Sec. 16. If the directors of the railroad company into the sink- shall, at any time, fail to pay to the city treasurer, for J^nte^'^orin- the sinking fund, the amount aforesaid of one per cent, come of road. or of one and a half per cent, required to be paid into the Commissioners sinking fund, out of the income of the road, the commis- ^i^'co'i^t^rai sioners are authorized, at their discretion, upon such shares. 368 EAILROADS. Conveyances and transfers. Commissioners to keep a record of proceedings. Annual report. Power of supreme judi- cial court, on complaint against said commission- ers. If sinking fund at any time exceed the amount of scrip unre- deemed. notice to the company as they shall deem suitable, to sell so many of such collateral shares as may be necessary to produce the amount of such deficiency,. and the proceeds of such sale shall thereupon be paid into the sinking fund, and shall be applied to the purposes thereof. And all conveyances and transfers of such collateral shares shall be made by the city treasurer, under the direction of the commissioners of the fund in pursuance of the provisions of this act. Sec. 17. The commissioners shall keep a true record of all their proceedings and an account of all the sums paid into the fund, and of the investments made of the same, and shall, annually, in the month of July, report to the mayor and aldermen, and to the directors of the rail- road company, their proceedings for the year, the amount and condition of the fund, and* the income of the several parts thereof. And their records, and the accounts of the fund, and the securities belonging thereto^ shall at all times be open to inspection by such committee as may be appointed for that purpose by the mayor and aldermen, or by the directors of the company. Sec. 18. To secure the faithful discharge of the sev- eral trusts confided to the said commissioners under this act, the supreme judicial court is hereby empowered, upon the complaint of the mayor and aldermen, or of the directors of the railroad company, against the said com- missioners, or either of them, concerning any of said trusts and duties, by summary process according to the course of proceedings in equity, to hear and adjudge upon the matter of such complaint, and to issue thereon, any suitable writ or process, and make any proper decree to compel the appropriate discharge and performance of such trusts and duties, and to remove the said commis- sioners, or either of them ; and in case of such removal, the vacancy shall be immediately supplied, as provided in the tenth section of this act. « Sec. 19. If the said sinking fund with its accumula- tions, shall at any time exceed the amount of the scrip unredeemed and outstanding, all such excess shall be annually paid over to the railroad company ; and if any surplus of the fund shall remain after the redemption and EAILROADS. 369 reimbursement of all the scrip, such surplus shall be paid over to the company. Sec. 20. This act shall take effect and be in force, ^^^^1.*^^^^ from and after its approval by the governor, so far as to empower the directors of the railroad company, and the inhabitants of the city to act upon the question of accept- ing the same, as provided in the second section of this act. \ And the several ward meetings of the inhabitants for that purpose, shall be called and holden within thirty days after such approval. And if the act shall be accepted as aforesaid, then after such acceptance, and record thereof, all the parts of the act shall take effect and be in full force. 3 V 2. ACT AUTHORIZING THE CITY OF PORTLAND TO GRANT FURTHER AID IN THE CONSTRUCTION OF THE ATLANTIC AND ST. LAWRENCE RAILROAD. Sec. 1. The city of Portland is hereby authorized to Private laws make a further loan of its credit to the Atlantic and St. 1850, c. 335. Lawrence Railroad Company, in aid of the construction ^/^^^'^^^ of their railroad — subject to the following terms and izedtoioan conditions. "^«^^^- Sec. 2. This act shall not take effect, unless it shall be Act when to accepted by the directors of said railroad company, and take effect. by the vote of the inhabitants of said city, voting in ward meetings duly called according to law ; and at least two- thirds of the whole number of votes cast at such ward meetings shall be necessary for the acceptance of the act. The returns of such ward meetings shall be made to the aldermen of the city, and they shall count and declare the votes returned, and the city clerk shall make record thereof. Sec. 3. Upon the acceptance of the act as aforesaid, the city treasurer is authorized to make and issue from Scrip to be time to time, for the purposes contemplated in this act, the scrip of said city, in convenient and suitable sums payable to the holder thereof, on a term of time not less than twenty nor more than thirty years, with coupons for interest attached, payable semi-annually or yearly. » Accepted August 16, 1848. See city records, voL 4, page 50. 370 RAILROADS. Amount not to exceed $500,000. Date of scrip and how applied. Bond of the company to he given for the scrip. Security to be given if required. City not to be considered a stockholder. Sec. 4. The whole amount of the scrip to be issued and delivered under this act, shall not exceed five hun- dred thousand dollars, and the same shall be delivered by the city treasurer to the directors of the railroad company from time to time as may be required, subject to the several provisions of this act. In all cases the scrip shall bear date from the delivery thereof, and the proceeds of the same shall be applied by the directors of the company, exclusively to the construction and neces- sary furniture and equipment of the Atlantic and St. Lawrence railroad. Sec. 5. Upon the delivery of each and every portion of the scrip aforesaid, the directors shall execute and deliver to the city treasurer, for the city, the bond of the company in an equal amount, payable to the city, conditioned that the company will duly pay the interest on said scrip, and will provide for the reimbursement of the principal thereof, and hold the city harmless on account of the issue of the same, according to the pro- visions of this act. Sec. 6. The directors shall also, if required by the mayor and aldermen of the city, transfer to the city, upon the delivery of any portion of the scrip as aforesaid, an equal amount in the shares of the company, to be held as security for the faithful performance of all the obliga- tions of the company mentioned in the preceding section, and the certificate of such shares shall be delivered to the city treasurer. The shares so transferred shall be cred- ited in the stock books of the company as fully paid up. But the city shall not be taken and held as a stockholder in the company by reason of the transfer of shares for the purposes aforesaid, under the provisions of this act, or of an act passed August first, one thousand eight hundred and forty-eight, nor shall any assessment ever be required on the shares hereby authorized to be trans- ferred as aforesaid, nor shall any dividends be paid on the same, nor any right of acting or voting at the meet- ings of the company be claimed or exercised by reason of said shares, so long as the same shall be held as security as aforesaid. RAILROADS. 371 Sec. 7. From and after the issue and delivery to the Additional lien, directors of any portion of the scrip issued under this act, the city shall have, in addition to the lien which it now has by virtue of the act passed as aforesaid August first, one thousand eight hundred and forty-eight, a further lien upon said railroad, and upon all the property and franchise of the company, to secure the performance of the conditions of all the bonds, executed and delivered under the provisions of this act, which lien may be enforced in the manner hereinafter provided. Sec. 8. For the purpose of providing for the reim- sinking fund, bursement of the principal of the scrip, authorized to be issued by this act, a sinking fund shall be established, and shall be under the management of commissioners. The same persons who shall from time to time, be the commissioners of the sinking fund created under the act aforesaid, passed August first, one thousand eight hun- dred and forty-eight, shall be the commissioners of the sinking fund, created under this act. They shall severally be sworn to the faithful discharge of the duties enjoined upon them by this act, before the delivery of any portion of the scrip hereby authorized, which oath shall be taken in presence of the city clerk, who shall make record thereof, as in the case of the qualification of city officers. Sec. 9. Whenever the directors shall receive any por- sinking fund, tion of the scrip, authorized as aforesaid to be delivered how raised, to them, they shall pay to the city treasurer two per cent, of the amount of the scrip so delivered, which amount shall be by the city treasurer placed to the credit of the commissioners of the sinking fund, and shall constitute a part of the fund established by this act. The directors shall also annually, in the month of April, pay to the city treasurer, from the income of the road, one per cent, of the whole amount of scrip which shall have been before that time issued and delivered under this act, and which shall be then outstanding ; but after the expiration of sinking fund five years from the time of the delivery and receipt of ^^^ ^ specific the first portion of scrip as aforesaid, the said annual purpose, payments from the income of the road shall be increased to one and a half per cent, of the amount of the scrip so 372 RAILEOADS. Shares in the issued and then outstanding as aforesaid, and the said stock may be annual payment of one per cent, for five years, and one scrip^"^^ °^ ^^^ ^ ^^^^ P^^ cent, annually thereafter, shall be succes- sively placed to the credit of the commissioners of the sinking fund, and shall constitute a part of said fund established by this act. Sec. 10. The commissioners shall have the care and management of all the moneys and securities at any time belonging to said fund ; but the moneys uninvested, and the securities, shall be in the custody of the city treasurer, who shall be, by virtue of his office, treasurer of the sink- ing fund established by this act, and shall be responsible in his official bond to the city, for the safe keeping of the moneys and securities of the fund. He shall pay out and deliver any of said moneys and securities only upon the warrant of the commissioners. Sec. 11. The commissioners shall from time to time, at their discretion, invest the moneys on hand, securely, so that they shall be productive, and the same may be Commissioners , , , -; i . . - . authorized to loaned on mortgage of real estate, or to any county, or sell stock in upon pledge of the securities of any county in this State, cer meases. ^^ invested in the stock of this State, or of the United States. And any portion of the fund may be invested in the scrip authorized by this act, or by the aforesaid act of August first, one thousand eight hundred and forty- eight, and such scrip shall not thereby be extinguished, but shall be held by the commissioners, like their other investments, for the purposes of the fund . An amount not exceeding twelve per cent, of the fund may be loaned on pledge of the stock of ^ny bank, or of any stock insur- ance company in this State, and the commissioners may, from time to time sell and transfer any of said securities. Sec. 12. The sinking fund aforesaid, and all the sums Sinking fund which shall be added thereto by accumulation upon the to be reserved . , /.,!,,-,,,. foraspecinc mvestments thereof, shall be reserved, and kept inviolate purpose. foj. i\iQ redemption and reimbursement of the principal of the scrip authorized by this act at the maturity thereof, and shall be applied thereto by the commissioners. Sec. 13. Any of the shares in the stock of the com- pany, held by the city for security, as provided in the RAILROADS. 373 sixth section of this act, may be sold and transferred by shares in the the commissioner of the sinking fund,- with the consent stock may be of the directors of the company, whenever an exchange gcrfp^"^^ thereof can be advantageously made for any of the scrip authorized by this act, or whenever the said scrip can be advantageously purchased with the proceeds of any such sale of such collateral shares. And the scrip so pur- chased and taken in exchange, shall be thereupon can- celled and extinguished, and the amount thereof shall be endorsed on the respective bonds of the company given on the issue and delivery of such scrip. But no part of the sinking fund established by this act, or of its accumu- lations, shall be applied at any time or in any manner to the redemption and extinguishment of the scrip, before the miaturity thereof. Sec. 14. If the directors of the company shall at any ^ . Commissioners time fail to pay to the city treasurer for the smkmg fund authorized to created by this act, the amount aforesaid of one per cent, seu stock in or of one and a half per cent, required to be paid into the sinking fund, out of the income of the road, the commis- sioners are authorized, at their discretion, upon such notice to the company as they shall deem suitable, to sell so many of the shares held by the city for security, as may be necessary to supply the amount of such deficiency, and the proceeds of such sale shall thereupon be paid into the sinking fund, and shall become a part thereof. All such couve^'ances and transfers of shares, which may be sold as aforesaid, shall be made by the city treasurer, under the direction of the commissioner. Sec. 15. The commissioners shall keep a true record of all their proceedings, and an account of all the sums Record, how paid into the fund, and of the investments of the same, ^^ ' and shall, annually in the month of July, report to the mayor and aldermen of the city, and to the directors of the railroad company, their proceedings for the year, the amount and condition of the fund, and income of the several parts thereof. Their records, and the accounts of the fund, and the securities belonging thereto shall at all times be open to the inspection of any committee 374 RAILROADS. Matters of complaint be- tween the city and commis- sioners, how adjusted. Excess of sinking fund, how applied. Lien to be secured by mortgage. appointed for that purpose by the mayor and aldermen, or by directors of the company. Sec. 16. To secure the faithful discharge of the sev- eral trusts confided to the said commissioners under this act, the supreme judicial court is hereby empowered, upon the complaint of the mayor and aldermen of the city, or of the directors of the railroad company, against the said commissioners or either of them, concerning any of their said trusts and duties, by summary process, according to the course of procedings in equity, to hear and adjudge upon the matters of such complaint, and to issue thereon, any suitable writ or process, and make any lawful decree to compel the proper discharge and performance of such duties and trusts, and to remove the said commissioners or either of them. Sec. 17. If the said sinking fund with its accumula- tions shall at any time exceed the amount of the scrip unredeemed and outstanding, issued under this act, all, such excess shall be annually paid over to the railroad company ; and if any surplus of the fund shall remain after the redemption and reimbursement of all the said scrip, such surplus shall be paid over to the company. And the mayor and aldermen may from time to time, cause to be reconveyed to the railroad company, such parts of the stock transferred to the city under this act, or the act aforesaid, passed August first, one thousand eight hundred and forty-eight, as they may deem not to be required for the securities herein provided. Upon the final comple- tion of all the duties enjoined upon the commissioners under this act, their records and accounts shall be depos- ited with the railroad company. Sbc. 18. For the purpose of securing and enforcing the lien granted to the city by the seventh section of this act, and by the ninth section of the act aforesaid, passed August first, one thousand eight hundred and forty-eight, the directors of the company are hereby authorized, and it shall be their duty whenever thereby directed by the mayor and aldermen, to execute and deliver to the city of Portland a mortgage of said railroad and of all its property real and personal, and of the franchise of the RAILROADS. 375 company. Such mortgage shall be signed by the presi- Mortgage, how dent of the company in his official capacity, and shall be executed, &c. executed according to the laws of the several States through which the railroad shall pass, and shall be of due and legal form, and shall contain apt and sufficient terms for the security of the city against any liabilities then existing, or which may thereafter be incurred in pursuance of this act, and of the act aforesaid, passed August first, one thousand eight hundred and forty-eight. The record of such mortgage in the registry of deeds for Cumberland county shall be a sufficient registry thereof to all intent and purposes, within this State. If any portion of the railroad shall not have been completed at the time of the execution of such mortgage, the directors shall be held whenever thereto requested, as aforesaid, to execute and deliver other like mortgages of any other portion of the road and property, as may be from time to time required, and such further mortgage shall be subject to like pro- ♦visious, and shall have like operation as is hereinbefore prescribed. Sec. 19. if the directors of the company shall neglect xegiectofduty, or refuse to execute and deliver any such mortgage, after &c. request as aforesaid, the mayor and alderman may cause a suit in equity to be instituted in the name of the city to \ compel the due execution and delivery thereof. The supreme judicial court for the county of Cumberland, shall have jurisdiction of such suit, and shall hear and determine the same, by summary process, in their discre- tion, and shall make such decree therein as may be suitable to effect the purposes herein required. Sec. 20. For the purpose of foreclosing any such mortgage upon the property and franchise of the com- Foreclosure of pany within this State, it shall be sufficient for the mayor "^'^^s^^- and aldermen to give notice according to the mode prescribed in the fifth section of the one hundred and twenty-fifth chapter of the revised statutes, which notice may be published in a newspaper printed in the city of Portland, and record thereof may be made within thirty 23 376 RAILROADS. City of Port- land to take possession of the road in case the com- pany omit to pay the inter- est. Notice, bow given. days after the date of the last publication, in the registry of deeds for the county of Cumberland, which publica- tion and record shall be sufficient for the purposes of such foreclosure. Upon the expiration of three years from and after such publication, if the conditions of such mort- gage shall not within that time have been performed, the foreclosure shall be complete, and shall be sufficient to make the title to all the property and franchise aforesaid, abso- lute in the city of Portland. And any transfer of any of the personal property of the company, made after publica- tion of such notice to foreclose, without the consent of the mayor and aldermen, shall be wholly void ; but lawful trans- fers and changes of any of the personal property of the com- pany, not including the franchise, andthe rails actually laid, and the right of way, may be made notwithstanding such mortgage, before publication of notice to foreclose as aforesaid ; and all personal property acquired by the com- pany, by purchase, exchange or otherwise, after the exe- cution and delivery of any such mortgage, shall be covered and held thereby. Sec. 21. If the directors of the company shall at any time neglect or omit to pay the interest which may become due upon any portion of the scrip issued and delivered under the provisions- of this act, or of the act aforesaid, passed August first, one thousand eight hundred and for- ty-eight, or to make the annual payments thereby required for the sinkifig fund, the city of Portland may take actual possession in the manner hereinafter provided, of the rail- road, of all the property real and personal of the company and of the franchise thereof, and may hold the same and apply the iticome thereof to make up and supply such deficiencies of interest and amounts payable for the sink- ing fund and all further deficiencies that may occur, while the same are so held, until such deficiencies shall be fully made up and discharged. A written notice signed by the mayor and aldermen, or by a majority of their number, and served upon the president or treasurer, or any director of the company, or if there are none such, upon any stockholder in the company, stating that the city RAILROADS. 377 accruing from the road after said notice to belong to the city. thereby takes actual possession of the railroad, and of the property and franchise of the company, shall be a suflScient actual possession thereof and shall be a . suffi- cient legal transfer of all the same for the purposes aforesaid to the city, and shall enable the city to hold the same against any other transfers thereof, and against any other claims thereon, until such purposes have been fully accomplished. Such possession shall not be considered as an entry for foreclosure, under any mortgage herein- before provided, nor shall the rights of the city or of the company under such mortgage be in any manner affected thereby. Sec. 22. All moneys received by or for the railroad ^jj^^^^g^ company, after notice as aforesaid, from any source whatever, and by whomsoever the same may be received, shall belong to and be held for the use and benefit of the city in the manner, and for the purposes herein provided, and shall, after notice given to persons receiving the same respectively, be by them paid to the city treasurer, which payment shall be an effectual discharge from all claims of the company therefor ; but if any person, without such notice, shall make payment of moneys so received to the treasurer of the company, such payment shall be a dis- charge of all claims of the city therefor. All moneys recived by the treasurer of the company, after such notice, or in his hands at the time such notice may ])e given, shall be by him paid to the city treasurer, after deducting the amount expended, or actually due for the running ex- penses of the road, for the salaries of the officers of the company, and for repairs necessary for conduct- ing the ordinary operations of the road. Such payments to the city treasurer shall be made at the end of every cal- endar month, and shall be by him applied to the payment of the interest due as aforesaid, and placed to the credit of the commissioners of the sinking fund, in the amounts Penalty, &c. required by the provisions of this act, and the act afore- said, passed August first, one thousand eight hundred and forty-eight. And any person who shall pay or apply any moneys received as aforesaid in any manner contrary to the foregoing provisions, shall be personally liable there- 378 RAILROADS. for, and the same may be recovered in an action for money had and received, in the name of the city treas- urer, whose duty it shall be to sue for the same, to be by him held and applied as is herein required. Sec. 23. For the purpose of effecting the objects pre- A wi-it of in- ' ^ , , ^ , _ junction may scribed in the two preceding sections, the mayor and be issued. aldermen may cause a suit in equity to be instituted in the name of the city, in the supreme judicial court in the county of Cumberland, against the railroad company, its directors, and any other person, as may be necessary for the purpose of discovery, injunction, account or other relief under the provisions of this act. And any judge of the court may issue a writ of injunction or any other suitable process on any such bill, in vacation or in term time, with or without notice, and the court shall have jurisdiction of the subject matter of such bill, and shall have such proceedings and make such orders and decrees as may be within the powers and according to the course of proceedings of courts of equity, and as the necessities of the case may require. Sec. 24. If the railroad company shall, after notice of appointed by possession as aforesaid, neglect to choose directors thereof, the city of or any other necessary officers, or none such shall be found, cas^e the com- ^^^ mayor and aldermen of the city shall appoint a board pany neglect of directors, Consisting of not less than seven persons or any other necessary officers, and the persons so appointed shall have all the power and authority of officers chosen or appointed under the provisions of the act estab- lishing said company, and upon their acceptance of such offices, shall be subject to all the duties and liabilities thereof. Sec. 25. This act shall take effect from and after its ^kreffecT approval by the governor, so far as to empower the directors of the railroad company, and the inhabitants of the city to act upon the question of accepting the same. The several ward meetings of the inhabitants for that purpose, shall be called and holden within thirty days after such approval. And if the act shall be accepted as afore- said, then, •after such acceptance, and record thereof, all the parts of the act shall take effect and be in full force. "* 4 Acc^ted August 22, 1850. See city records, vol. 5, page 352. RAILROADS. 379 3. THE CITY OF PORTLAND TO GRANT FURTHER AID IN. THE CONSTRUCTION OF THE ATLANTIC AND ST. LAWRENCE RAILROAD. Sec. 1. The city of Portland is hereby authorized to Private laws of make a further loan of its credit to the Atlantic and St. 1852, c. 475. Lawrence Railroad Company for the x)iirpose of aiding Loan author- the final completion and equipment of the railroad of ^z^d. said company subject to the following terms and con- ditions. Sec. 2. This act shall not take effect, unless it shall, be accepted by the directors of said railroad company, Act not to take and by the vote of the inhabitants of said city, voting in accepted bj- ward meetings duly called according to law ; and at least company and two-thirds of the whole number of votes cast at such ward H^^ meetings shall be necessary for the acceptance of the act. The returns of such ward meetings shall be made . , . , , ,1, i 1 Return of votes to the aldermen of the city, and they shall count and how made. declare the votes retui-ned, and the city clerk shall make record thereof. Sec 3. Upon the acceptance of the act as aforesaid, the City scrip, how city treasurer shall make and issue, for the purposes con- issued and *' ' 1. i. amount. tern plated in this act, the scrip of said city in convenient and suitable sums, payable to the holder thereof, on a term of time not less than twenty nor more than thirty years, with coupons for interest attached, payable semi- annually or yearly. The whole amount of said scrip shall not exceed the sum of five hundred thousand dollars, and the same shall be delivered by the city treasurer to the directors of the railroad company, subject to the several provisions of this act. The proceeds of the same shall be applied by the directors of the company, exclusively to the construction and necessary equipment of the Atlan- — ^o^ applied, tic and St. Lawrence Railroad. Sec. 4. Upon the delivery of the scrip aforesaid, the to be secured directors of the railroad company shall execute and by penal bond. deliver to the city treasurer, for the city, the bond of the company, in a suitable penal sum, conditioned that the company will duly pay the interest and the principal of said scrip, and will hold the city harmless and free from 380 RAILROADS. 3Iortgage bonds issued and secured by- deed of trust and mortgage of road. Amount of bonds equal to the amount of scrip. Interest war- rants can- celled on payment of interest. Trustees authorized, on nonpayment of scrip, to convey title to city of Port- land. all expendition, damage or loss, on account of the issue and delivery of the same. Sec. 5. As a further security for the issue and delivery of said scrip, the directors of the company, shall also deliver to the city treasurer the mortgage bonds of said company, issued and bearing date on the first day of April, eighteen hundred and fifty-one, and secured by a deed of trust and mortgage of said railroad, and the franchise and property of the company of the same date, heretofore executed and delivered by said company to trustees for the benefit of the holders of the mortgage bonds aforesaid. The amount of said mortgage bonds, so delivered to the city treasurer, shall be equal to the amount of the scrip issued and delivered under this act, and the same shall be held by the city treasui-er, for the time being, as collateral security to the obligation and bond given by the company as aforesaid, to hold and save the city harmless on account of the issue and delivery of said scrip. Upon the payment by the company of the interest which shall from time to time accrue upon the said scrip, the city treasurer shall cancel and surrender to the company an amount of the interest warrants attached to said mortgage bonds equal to, and corres- ponding as nearly as may be, in date, to the amount of interest so paid on said scrip. Sec. 6. At the maturity of the mortgage bonds herein provided to be delivered as collateral security, and after the payment of all the other mortgage bonds issued under said deed of trust and mortgage if any portion of the scrip hereby authorized to be issued, shall be unredeemed and outstanding, the trustees, for the time being, under said deed of trust and mortgage, shall be authorized to release, assign, and convey to the city of Portland, all the title and interest which they may then have in the estate, property and franchise of the company by virtue of said deed, and of any other conveyances made in pursuance of the cov- enants therein contained, which conveyance shall be a discharge of said trustees from all the trusts created and declared in said deed, and the city shall by such convey- ance, take and hold the said estate, property and fran- RAILROADS. 381 chise, as in mortgage, for the security and indemnity of CitytohoUithe the eitv, on account of the issue and delivery of its scrip Property con- '^ . veyed as as herein authorized until the final redemption and reim- security. bursement of said scrip, and the interest accruing thereon. Sec. 7. This act shall take effect and be in force from and after its approval by the governor, so far as to author- Act When to ize the directors of the company, and the inhabitants of the city to act upon the question of accepting the same. The several ward meetings of the inhabitants for that purpose shall be holden within three months after such approval, and if the act shall be accepted as aforesaid, then after such acceptance and record thereof, all the parts of the act shall take effect and be in force. Approved February 13, 1852. 4. THE CITY OF PORTLAND TO GRANT FURTHER AID IN THE CONSTRUCTION OF THE ATLANTIC AND ST. LAWRENCE RAILROAD. Sec. 1. The city of Portland is hereby authorized to Private laws make a further loan of its credit to the Atlantic and St. of i853, c. 4. Lawrence Railroad Company, in aid of the construction Loan author and furnishing of their railroad, subject to the following ^^^' terms and conditions. Sec. 2. This act shall not take effect unless it shall be Acceptance of accepted by the directors of said Railroad Company and ajt.^c«nditions by the vote of the inhabitants of said city, voting in ward meetings duly called according to law, and at least two- thirds of the whole number of votes cast at such ward meetings shall be necessary for acceptance of the act. jjet^^ng ^f The returns of each ward meeting shall be made to the ward meet- aldermen of the city, and they shall count and declare ^^^-^^^ •^ -^ made. the votes returned, and the city clerk shall make record thereof. Sec. 3. Upon the acceptance of the act as aforesaid, Acceptance of the city treasurer is authorized to make and issue, on ^^' ^^^^ ^^"^ J made, &c. demand made by the said directors, for the purposes con- templated in this act, the scrip of said city in convenient and suitable sums, payable to the holder thereof, on a term of time not less than twenty nor more than thirty years, with coupons for interest attached. 382 KAILKOADS. Scrip of loan, Sec. 4. The whole amount of the scrip to be issued amount ^^^^ delivered under tliis act, shall not exceed thrpe authorized. j^^j^^^.g^j J^^^^ gf^y thousand dollars, and the same shall be delivered by the city treasurer to the directors of the rail- road company as they may require the same. The proceeds of such scrip shall be applied by the directors of cicnpj proceeds ,1 of, how ap- the company exclusively to the construction and necessary plied. furniture and equipment of the Atlantic and St. Lawrence Railroad. Sec. 5. Upon the issue and delivery of the scrip afore- said, the directors of the railroad company shall cause a Road, mort- mortffase to be executed and delivered to the city, in the gaged to ^ =• . , -I ^ ' 4. i. secure pay- name of the company, conveymg to the city, subject to mentof scrip, ^ny mortgages existing before the passage of this act, all Mortgage, how the estate, property and franchise of the company, con- executed and ditioned that the company will duly pay the interest recorded. accruing from time to time on the scrip issued under this act, and will pay the principal of the same at the maturity thereof. Such mortgage shall be executed according to the laws of the several states through which the railroad shall pass. The record thereof in the registry of deeds in Cumberland county, shall be a sufficient registry of the same to all intents and purposes within this State. Sec. 6. Upon failure to perform any of the condi- Mortgage, fall- ^^^^^ ^^ ^^^^ mortgage, the city shall be authorized to ure to perform take possession of the estate, property and franchise conditions of, ,1 i t i j.i t ^ i, ^^^ thereby conveyed, and the proceedings under such pos- session, and all proceedings for the foreclosure of said mortgage, and the rights, liabilities and remedies of the parties, under such possession and entry for foreclosure shall be governed, regulated, limited and controlled in the manner that is provided in the twentieth, twenty-first, twenty-second, twenty-thii'd, and twenty-fourth sections of an act passed on the twenty-seventh day of July, eighteen hundred and fifty, entitled, "An Act to authorize the city of Portland to grant further aid in the construc- tion of the Atlantic and St. Lawrence railroad," in res- pect to the mortgage therein mentioned. Sec. 7. This act shall take effect from and after its Act when to approval by the governer, so far as to empower the direc- take effect. tors of the Company and" the inhabitants of the city to RAILROADS. 383 act upon the question of accepting the same. The sev- eral ward meetings of the inhabitants for that purpose, shall be called and holden within ninety days after such approval. And if the act shall be accepted as aforesaid, •then, after such acceptance and record thereof, all the parts of the act shall take effect and be in force. • Approved Febniary 5, 1853. 5. AN ACT MAKING FURTHER PROVISIONS RESPECTING LOANS OF CREDIT HERETOFORE MADE BY THE CITY OF PORTLAND TO THE ATLANTIC AND ST. LAWRENCE RAILROAD COMPANY. Sec. 1. The city of Portland is hereby authorized to prf^ateiaws make such arrangements as the city council may deter- of ises, c.eoi. mine to be necessary and expedient, to provide for the extension of such parts of the obligation given to the city ^^^^ council •^ c» cu ./ may arrange by the Atlantic and St. Lawrence Railroad Company, for extension under the acts of Auorust one, eighteen hundred and of obligations -. -r , .1 1 11 , of A. & St. L. forty-eight and July twenty-seven, eighteen hundred and r. r. to city. fifty, as may not be satisfied by the sinking funds estab- lished under those acts ; and shall have and may exercise. Further until all the balance of indebtedness which may arise ^^''^o^clf ^nd under said obligations is fully paid, all the rights and continuance powers granted by said acts for the security of the city, ^^ ^™®- and for the enforcement of its lien upon the railroad and property of said company. Sec. 2. The commissioners of the sinking funds estab- lished by said acts, shall be commissioners to receive such Commissioners *' ' of sinking contributions as may be paid by the railroad company fund. towards a further sinking fund for the redemption of the unsatisfied balance of indebtedness as aforesaid. They shall have succession, as provided in said acts, and shall be invested with all the powers and subject to all the Powers, duties duties and liabilities in respect to the management of ^^^ succes- '■ ° sion. such further sinking fund and the securities of the same, and the application thereof, as is now provided by said acts. They may invest the moneys of such fund in any ^j^^^^w^ °^ of the debt of the city of Portland, and may make such made, &c. other investments of the same as is authorized by said acts, except investments in railroad stocks, or upon 384 RAILROADS. ■Rate of inter- est on mort- gages of real estate. Contributions to sinking fund, when and liow made. Duties and liabilities of city treasurer. City council may, upon petition, pro- vide for sink- ing fund in England. Commissioners for same, by whom ap- pointed, &c. Payments and contributions to same, when to be made*. pledge of the stocks of banks or insurance companies. They shall be authorized in making investments upon mortgages of real estate, to contract for a rate of interest not exceeding eight dollars in the hundred b}^ the year. Sec. 3. The contributions to such further sinking fund shall be in each of the years eighteen hundred and sixty- nine and eighteen hundred and seventy, one thirty-^cond part of the average amount of such unsatisfied indebted- ness subsisting in those years ; but afterwards, the sum of twenty-five thousand dollars annually, until the final reimbursement and discharge of such indebtedness. All of such contributions shall be made by the railroad com- pany in equal half-yearly instalments, on the first days of January and July, in every year. Sec. 4. The city treasurer shall perform such duties and be subject to such liabilities in respect to the moneys and securities of such further sinking fund, as now pre- scribed by law in respect to the sinking funds under the acts aforesaid. Sec. 5. In lieu of the provisions made in the preced- ing sections for the establishment and maintenance of a further sinking fund for the redemption of the balance of indebtedness aforesaid, it shall be lawful for the city council, upon petition by the railroad company, to provide by city ordinance for the establishment of a sinking fund for the same purpose, at London, in Eng- land, to be held and managed by two commissioners, one of whom shall be appointed by the mayor and aldermen of the city, and one by the directors of the railroad company; and in case of vacancies, the same shall be supplied by new appointments made by them respectively. The rail- road company shall pay and contribute to such sinking fund, in each of the years eighteen hundred and sixty- nine and eighteen hundred and seventy, ane-thirty-second part in sterling money of the average amount of such un- satisfied indebtedness, subsisting in those years ; and afterwards, the sum of five thousand pounds sterling annually, until final redemption and discharge of all such indebtedness. All of such payments and contributions shall be made in equal half-yearly instalments on the first days of January and July in every year. The commissioners so RAILROADS. 385 appointed and accepting the trust, shall be subject to such Commissioners regulations in the investment and application of the fund, ^g^^i^^l^^g as shall be established by the city council by the oi-dinance estabUshed by aforesaid. The railroad company shall be in all respects ^^^ council. ^ '' , ^ Pesponsibility and at all events responsible for the safe keeping and of railroad proper application of the fund so established. And if company such ordinance as is contemplated by this section shall be keeping and passed by the city council, upon petition of the railroad ?^d^^°° ""^ company as aforesaid, then the second, third and fourth Proviso as to . « . . ,11 , «. adoption of sections of this act shall cease to have any effect. ordinance. Sec.' 6. Whenever the amount of the sinking fund Provisions for hereby authorized, in either form, shall be equal to the ^^^f fun^ unsatisfied indebtedness aforesaid, the commissioners shall when equal to make over and deliver the same to city, in full discharge indebtedness. of such indebtedness. Sec. 7. Nothing in this act contained, nor any arrange- nens of city ments or proceedings made and entered into under the npon railroad same, shall, in any manner, affect or impair the priority tytMsacr of security and lien which the city now has, for the loans of its credit, under the acts aforesaid. Sec. 8. No power shall be exercised under this act, nor any privileges enjoyed under it until it shall have provisions for been accepted by the city council, and by the directors of acceptance of this railroad company. The evidence of acceptance by ™ ' the directors shall be filed with the city clerk, and entered in tlie records of the mayor and aldermen. Approved March 3, 1868. 6. ACT AUTHORIZING FURTHER AID IN CONSTRUCTING THE PORTLAND AND OGDENSBURG RAILROAD. Sec 1. The city of Portland^ is hereby authorized to Actauthoriz- loan its credit to the Portland and Ogdensburg Railroad ingfurtheraid Company, in aid of the construction of their railroad, Ing^'^e^^and subject to the following terms and conditions. o. RaUroad. Sec. 2. This act shall not take effect until it be ^g^g c 166 accepted by the directors of said railroad company, and by the vote of the inhabitants of said city, voting in 8 See also charters and amendatoiy laws ; private laws, 1867, c. 252 ; 1868, c. 691 ; 1871, c. 611 ; 1872, c. 167; 1873, c. 336; 1875, c. 1 ; 1875, c. 146; 1878, c. 14. 386 RAILROADS. ward meetings, duly called according to law ; and at least two-thirds of the votes cast at such ward meetings shall be necessary for the acceptance of the act. The returns of such ward weetings shall be made to the aldermen of the city, and by them counted and declared, and the city clerk shall make a record thereof. Sec. 3. Upon the acceptance of the act as aforesaid, the city treasurer shall make and issue from time to time, for the purpose contemplated in this act, the scrip of said city in convenient and suitable sums, payable to the holder thereof on a term of time not less than thirty nor more than forty years, with coupons for interest at six per cent, attached, payable semi-annually or yearly. The whole amount of said scrip shall not exceed twenty-five hundred thousand dollars, and the same shall be delivered by the city treasurer to the directors of said railroad company, subject to the several provisions of this act ; the proceeds of the same shall be applied by the directors of the company exclusively to the construction and nec- essary equipment of the Portland and Ogdensburg Rail- road. f Sec. 4. Before th^ delivery of any portion of the scrip aforesaid, the directors of the railroad company shall execute and deliver to the city treasurer, for the city, the bond of the company, in a suitable penal sum, condi- tioned that the company will duly pay the interest and the principal of said scrip, and will hold the city harmless and free from all expenditure, damage or loss on account of the issue and delivery of the same. Sec. 5. As a further security for the issue and delivery of said scrip, the directors of the company shall also deliver to the city treasurer the mortgage bonds of said company, issued and bearing date on the first day of November, eighteen hundred and seventy-one, and secured by a d«ed of trust and mortgage of said rail- road, and the franchise and propert}^ of the company, of the same date heretofore executed and delivered by said company to trustees, for the benefit of the holders of the mortgage bonds aforesaid. The amount of said mortgage bonds so delivered to the city treasurer shall be equal to RAILROADS. 387 the amount of scrip issued and delivered under this act, and the same shall be held by the city treasurer for the time being as collateral security to the obligation and bond given by the company as aforesaid, to hold and save the city harmless on account of the issue and delivery of said scrip. Upon the payment by the company of the interest which shall from time to time accrue upon said scrip, the city treasurer shall cancel and surrender to the company an amount of the interest warrants attached to said mortgage bonds, equal to, and corresponding as nearly as may be in date, to the amount of interest so paid on said scrip. Sec. 6. At the maturity of the mortgage bonds herein provided to be delivered as collateral security, and after the payment of all the other mortgage bonds issued under said deed of trust and mortgage, if any portion of the scrip hereby authorized to be issued shall be unre- deemed and outstanding, the trustees, for the time being, under said deed of trust and mortgage, shall be author- ized to release and assign to the oity of Portland all the title and interest which they may then have in the estate, property, and franchise of the company by virtue of said deed, and of any other conveyance made in pursuance of the covenants therein contained, which conveyance shall be a discharge of said trustees from all tnists created and declared in said deed, and the city shall by such con- veyance, take and hold the said estate, property, and franchise as in mortgage, for the security and indemnity of the city, on account of the issiie and delivery of its scrip as herein authorized, until the final redemption and reimbursement of said scrip, and the interest accruing thereon. Sec. 7. The directors shall also transfer to the city upon the delivery of any portion of the scrip herein authorized, an equal amount in the shares of the com- pany, until the whole number of shares authorized under the charter of said company shall be issued, to be held as collateral security for the bond of the company required to be given in such case, and the shares so held as collat- eral shall be credited on the stock books of the company 388 RAILROADS. as fully paid up, and no assessment shall ever l3e required thereon, nor shall any dividends be paid on the same, nor any right of voting or acting at the meetings of the company be claimed or exercised by reason of said shares, ^ so long as the same shall be held as collateral as afore- said. Sec. 8. For the purpose of providing for the reim- bursement of the principal of the scrip, authorized to be issued by this act, there shall be established a sinking fund, and two commissioners shall be appointed to man- age the same, who shall be appointed by the mayor and aldermen of the city, and in case of vacancy in the place of either, the same shall be supplied by the mayor and alder- men. Both of said commissioners shall be appointed and qualified before the delivery, to the directors, of any of the scrip. The commissioners shall severally be sworn to the faithful discharge of the duties enjoined upon them by this act, in presence of the city clerk, who shall make a certificate and record thereof as in the case of the qualifi- cation of city officers ; each commissioner shall give a bond to the city with satisfactory sureties, in the penal sum of twenty thousand dollars, conditioned for the faithful discharge of his duty as commissioner. They shall receive such compensation as may be established by the directors, which shall be paid to them by the com- • pany, and shall not be diminished during their continu- ance in office. Sec. 9. The said company, at the expiration of five years from the first delivery of any of the scrip authorized as aforesaid to be delivered, shall pay to the city treasurer one per cent, of the whole amount of said scrip, which payment shall be by the city treasurer placed to the credit of the commissioners of the sinking fund, and shall con- stttute a part of the said fund ; and thereafter the said company shall also annually in the month of September, pay to the city treasurer from the income of the road, one per cent, of the whole amount of said scrip then out- standing, which annual payments shall be successively placed to the credit of the commissioners of the sinking fund, and shall constitute a part of said fund. RAILROADS. 389 Sec. 10. The commissioaers shall have the care and managemeut of the moneys and securities at any time belonging to said fund ; but the moneys invested and the securities shall be in custody of the city treasurer, who shall be, by virtue of his office, treasurer of the sinking fund, and shall be responsible on official bond to the city for the safe keeping of the moneys and securities of the fund ; he shall pay out and deliver any of said moneys and securities only upon the warrant of the commissioners. Sec. 11. The commissioners shall from time to time, at their discretion, invest the moneys on hand securely, so that they shall be productive, and the same may be loaned on mortgage of real estate, or to any county, or upon pledge of the securities of any county in this State, or invested in the stock of this State, or of the United States, or in the bonds of any railroad company in New England whose road is completed, and whose capital has been wholly paid in. Any portion of the fund may be invested in the city scrip authorized by this act, and such scrip shall not thereby be extinguished, but shall be held by the commissioners, like their other investments, for the purposes of the fund. An amount not exceeding ten per cent, of the fund may be loaned on pledge of the stock of any bank or of any stock insurance company in the State, and the commissioners may, from time to time, sell and transfer any of said securities. Sec. 12. The sinking fund and all the sums which shall be added thereto by accumulation, upon the investment thereof, shall be reserved and kept inviolate, for the redemption and reimbursement of the principal of said scrip at the maturity thereof, and shall be applied thereto by the commissioners. Sec. 13. Any of the shares in the stock of the rail- road company, held by the city as collateral, may be sold and transferred by direction of the commissioners of the sinking fund, with the consent of the directors of the railroad company, whenever an exchange thereof can be advautiigeously made for any of the city scrip, authorized by this act, or whenever the said scrip can be advanta- geously purchased with the proceeds of any such sale of 390 RAILROADS. such collateral shares. And the scrip so purchased, or taken in exchange, shall be thereupon cancelled and extinguished, and the amount thereof shall be indorsed on the respective bonds of the railroad company given on the issue of and delivery of such scrip. But no part of the sinking fund, or of its accumulations, shall be applied at any time or in any manner to the redemption and extinguishment of the scrip before maturity thereof. Sec. 14. The commissioners shall keep a true record of all their proceedings, and an account of all sums paid into the fund, and of the investments made of the same, and shall annually, in the month of Jul}^, report to the mayor and aldermen and to the directors of the railroad com- pany, their proceedings for the first year, the amount and condition of the fund, and the income of the several parts thereof. And their records and the accounts of the fund, and the securities belonging thereto, shall at all times be open to inspection by such committee as may be appointed for that purpose by the mayor and aldermen, or by the directors of the company. Sec. 15. To secure the faithful discharge of the several trusts confided to the said commissioners under this act, the supreme judicial court is hereby empowered, upon the complaint of the mayor and aldermen, or of the directors of the railroad company against the said com- missioners, or either of them, concerning anj^ of said trusts and duties, by summary process according to the course of proceedings in equity, to hear and adjudge upon the matter of such complaint, and to issue thereon any suitable writ or process, and make any proper decree to compel the appropriate discharge and performance of such trusts a-nd duties, and to remove the said commis- sioners, or either of them ; and in case of such removal the vacancy shall be immediately supplied, as provided in the tenth section of this act. Sec. 16. If the said sinking fund with its accumulation shall at any time exceed the amount of the scrip unre- deemed and outstanding, all such excess shall be annually paid over to the railroad company, and if any surplus of the fund shall remain after the redemption and reimburse- RAILROADS. 391 ment of all the scrip, such surplus shall be paid over to the company. Sec. 17. The treasurer of the city of Portlaud shall, on request of the directors of the said railroad company, after the acceptance of this act by the inhabitants of this city and the execution and delivery of the bond of said com- pany before mentioned, issue and deliver to the treasurer of said railroad company, toward said loan, bonds of said city of Portland to the amount of fifty thousand dollars, and thereafter to issue and deliver to said treasurer of said company bonds of said city of Portland in sums of fifty thousand dollars as often as it shall appear by the report of the engineer of said railroad company, and to the satisfaction of the mayor and aldermen of said city, that work has been done or materials furnished to the amount before granted on the extension of said railroad from North Conway to a connection with the western division at the Connecticut river, until the entire amount of the loan shall be furnished. vSec. 18. This act shall take effect and be in force from and after its approval by the governor so far as to author- ize the dii-ectors of the company and the inhabitants of the city to act upon the question of accepting the same. The several ward meetings of the inhabitants for that purpose shall be called and holden within thirty days after request by the president and directors of 'said company to the mayor and aldermen therefor, and within one year after the approval of this act, and if the act shall be accepted as aforesaid, then after such acceptance and record thereof, all the parts of the act shall take effect and be in force, and the citizens of Portland may vote twice upon the question of accepting this act and no more. 7. CHARTER OF PORTLAND AND FOREST AVENTTE RAILROAD COMPANY. Section 1. Eliphalet Clark, John B. Coyle, John W. Adams, Newell A. Foster and Warren Sparrow, their Corporators, associates and successors, are hereby constituted a corporate corporation by the name of the Portland and Forest ^™®- 24 392 RAILROADS. Construction. Location, how determined. Act 1860, c. 457, as amended by act 1861, c. 91. Authorized to construct when land damages have been settled, &c. Proviso. Vote or votes of city or town, assent of corpora- tion shall be filed with clerks, &c. Powers, &c. Avenue Railroad Company, with authority to construct maintain and use a raih'oad to be operated by horse power, with convenient single or double tracks, from such point or points in the city of Portland, upon and over such streets therein, as shall from time to time be fixed and determined by the municipal officers of said city of Portland, and assented to in writing by said corpora- tion, to the boundary line between said city and the town of Westbrook, and thence upon and over such streets, town and county roads in said town of Westbrook as from time to time, may be fixed and determined by the munici- pal officers of said town, and assented to in writing by said corporation, to some point at or near the entrance to Evergreen Cemetery, and to such other point or points in said town of Westbrook, as may in like manner from time to time be fixed and determined by the municipal officers of said town, and assented to in writing by said corporation ; said corporation shall also have authority to construct, maintain and use said railroad over and upon any lands where the land damages have been mutually settled by said corporation and the owners thereof ; but said corporation shall make no erections within any of the tide waters of Back Cove without the written approval of the harbor commissioners ; provided^ however^ that all tracks of said railroad shall be laid at such distances from the sidewalks of said city of Portland and town of West- brook, as the municipal officers thereof, respectively, shall in their order fixing the routes of said railroad determine to be for public safety and convenience. The written assent of said corporation to any vote or votes of the municipal officers of either said city or town, prescribing from time to time the routes of said railroad, shall be filed with the respective clerks of said city or town, and shall be taken and deemed to be the locations thereof. Said cor- poration shall have power from time to time, to fix such rates of compensation for transporting persons or prop- erty, as it may think expedient, and generally shall have all the powers and be subject to all the liabilities of cor- porations, as set forth in the forty-sixth chapter of the revised statutes. Rails shall not' be laid down in said city RAILROADS. 393 or town without the assent of the municipal oflScers thereof, respectively. The original location of the route when granted shall be for the term of twenty-five years. Original loca- The same may be renewed from time to time for a term tion, termof. "not exceeding fifty years at any one time, by said muni- ~Xed!^'^ cipal officers, upon such terms as they may deem expedient. _^hen to be No such renewal shall be granted prior to two years before renewed, the expiration of the location then established. No loca- tion shall be granted or renewed, except upon reasonable NoUce. prior notice to all parties interested. If at the expiration of any of said terms, the use of the streets, roads or hischways, occupied by said company's railroad, is wanted Mat expiration ' "^ * i ./ o ^£ temis use by the municipal officers of either said city or town, or of streets, &c., both, to any other corporation or person, it shall be upon is granted any condition that such corporation or person shall purchase ^. ^^^o^<^^- of said company all its property of every description in necessary use for the purposes of said railroad upon such —f^^^^ corpora terms aa may be agreed upon by the parties, or determined purchase, &c.. by persons selected by them ; and if they are unable to *' ./ ' ./ —terms, how agree, the value of the same shall be determined by three aetemiined. disinterested persons, appointed by a judge of the supreme judicial court, on application of either party, and hearing thereon. Said appraisers shall be sworn, give notice of Appraisers, the time and place of their meeting to examine and duties of. appraise said property, and shall make to each party a written award ; and their services shall be paid in equal —services of, propbrtions by the parties. If the municipal officers of either said city or town, or both, determine, that at the expiration of any of said terms, the use of the streets, roads or highways occupied by said company's railroad, shall be granted to any person or corporation, for the purposes of a horse railroad, on the payment of any sum of money, yearly or in any other manner, said company shall have the preference, and such use shall be granted or renewed to said company, provided it will pay as much therefor as any other corporation or person. Any similar corporation hereinafter incorporated which shall construct ^^^^^^^t^*'" ^^ '■ '■ similar cor- its road from Cape Elizabeth, or Westbrook, where the poration. Portland and Forest Avenue Railroad Company have no track, may enter upon and connect with and use the track of the Portland and Forest Avenue Railroad Company 394 RAILEOADS. Compensation, how deter- mined. As amended by Act 1861. Railroad, how tQ be used. City and town may make regulations, &c. Act 1860. Corporation shall keep in repair, streets, &c. Ibid. —liability. Obstructions in use of roads, &c. Ibid. Penalty. for such rates of compensation as may be agreed upon, or in case of disagreement of the directors of the two companies, three disinterested persons shall be ap- pointed by a judge of the supreme court, on application of either party, and a hearing thereon shall be had before said commission. Said commissioners shall be sworn, give notice of the time and place of their meeting to determine the matter in dispute, and shall make to each party a written final decision of the points submitted, and their services shall be paid in equal proportions by the parties. Sec. 2. Said railroad shall be operated and used by said corporation with horse power only. The municipal officers of said city of Portland and of said town of West- brook, respectively, shall have power at all times to make all such regulations, as to the rate of speed and removal of snow and ice from the streets, roads and highways by said company at its expense, and mode of use of the track of said railroad within said city or town, as the public convenience and safety require. Sec. 3. Said corporation shall keep and maintain in repair, such portion of the streets, town or county roads as shall be occupied by the tracks of its railroad, and shall make all other repairs of said streets or roads, which in the opinion of the municipal officers of said city or town respectively, may be rendered necessary by the occu- pation of the same by said railroad, and if not repaired upon reasonable notice, such repairs may be made by said city or town respectively, at the expense of said cor- poration. And said corporation shall be liable for any loss or damage which any person may sustain by reason of any carelessness, neglect or misconduct of its agents or seiTants. Sec. 4. If any person shall willfully and maliciously obstruct said corporation in the use of its road or tracks, or the passing of the cars or carriages* of said corporation thereon, such person and all who shall aid and abet therein, shall be punished by a fine not exceeding two hundred dollars, or may be imprisoned in the county jail for a period not exceeding sixty days. EAILROADS. 395 Sec. 5. The capital stock of said corporation stiall not Capital stock. exceed one huncU-ed thousand dollars, to be divided ^^'^^^y'^^™*^; into shares of one hundred dollars and no share shall be shares. issued for less than the par value. Sec. G. Said corporation shall have power to purchase May hold real and hold such real estate as may be necessary and con- and personal venient for the purposes and management of said rail- _^ road. Sec. 7. Said railroad shall be constructed and main- Kaiiroadtobe tained in such foim and manner, and with such rail, and constructed, • • 1 rt^ J. • 1 • i? ^c., under upon such grade as the municipal officers of said city of direction of Portland, and of said town of Westbrook, respectively, city and to^vn. shall from time to time prescribe and direct ; and when- ^^'^• ever in the judgment of said corporation it shall be necessary to alter the grade of any street, town or county road, occupied by its railroad, said alterations may be made at the sole expense of said corporation ; provided^ —alterations in the same shall be assented to by the municipal officers of ^™ ^* said city and town respectively. If the tracks of said proviso, company's railroad cross any other railroad of any kind, in either said city or town, and a dispute arises in any way in regard to the manner of crossing, said municipal officers of the town or city in which said proposed cross- Crossings, ing is to be made, shall, upon hearing, decide and deter- mine in writino; in what manner the crossing shall be """^^J*"" ° • ^ - ^ how deter- made, which shall be constructed accordingly. mined. Sec. 8. Nothing in this act shall be construed to pre- vent the proper authorities of said city or town respec- streets or lively from entering upon and taking up any of the roads, in reia- streets, town or county roads occupied by said railroad, ^ for any purpose for which they may now lawfully take up the same. Sec. 9. This act shall be void unless the same shaU be Act, accept- accepted by said corporation, and ten per cent, of the anceof, &c. capital stock thereof, be paid within five years from its ^^'^* passage. Sec. 10. Said corporation is hereby authorized to gonds issue issue bonds for the purpose of constructing its railroad, of, &c. or for money which it may borrow for any purpose I'^id- sanctioned by law ; but the bonds so issued shall not 396 EAILROADS. —approval of, &c. Ibid. —how secured. Ibid. Sinking fund. Ibid. —trustees to laave manage- ment of, &c. Certain acts made appli- cable to l)ond8, &c. Ibid. exceed the amount of capital stock paid in by the stockholders. Said bonds may be issued in sums not less than one hundred dollars each, payable in not more than twenty years from their date, with interest at the rate of six per cent., payable semi-annually. Sec. 11. Such bonds shall be approved by a majority of the finance committee of said corporation, who shall certify that each of said bonds is properly issued and recorded upon the books of the corporation. All bonds and notes which shall be issued by said corporation shall be binding and collectible in law, notwithstanding such bonds or notes may be negotiated and sold by said cor- poration or its agents at less than their par value. Sec. 12. Said bonds shall be secured by a conveyance of the corporate company to three trustees, by a suitable instrument of mortgage to secure the payments of said bonds. Sec. 13. Said corporation shall pay semi-annually to said trustees, a sum equal to one per cent, on the amount of said bonds for the purpose of creating a sinking fund. Said trustees shall have the care and management of all the moneys, funds and securities belonging to said sink- ing fund and they shall from time to time, at their dis- cretion, invest the moneys on hand securely, and so that the same shall be productive ; and the same may be invested in the bonds of said corporation, secured as aforesaid, or loaned on interest to any county, city or town, or any bank in this State, or the same may be loaned on interest, well secured by a first mortgage of real estate to an amount not exceeding one half the value thereof, or by pledge of the scrip or stock of any of the New England States, or of any city, county or. town as aforesaid, and the said fund with the accruing interest shall constitute a sinking fund for the payment and redemption of said bonds. Sec. 14. The provisions of the fifty-third section of the fifty-first chapter of the Revised Statutes, and of the nine sections of said chapter next following, are hereby made applicable to said bonds and to said mortgage made to secure the same, but said corporation shall not be subject RAILROADS. 397 to the other general provisions of law relating to rail- ix)ads. Sec. 15. This act shall take effect when approved by the governor. 8- ACT ADDiriONAL TO CHARTER OF PORTLAND AND FOREST AVENUE RAILROAD COMPANY. Sec. 1. The Portland and Forest Avenue Railroad Railroad may Company is hereby authorized to extend its railroad over ^^ extended, either or both of the bridges which connect the city of ' Portland with Cape Elizabeth, and to construct and main- Rights^ priv. tain the same in said town, with all the rights and privi- neges, &c. leges, and subject to all the conditions specified in the act to ^^^^• which this is additional, upon condition that said corpo- ration shall locate and build so much of said road as lies within the limits of the town of Cape Elizabeth, within two years after the passage of this act. Sec 2. Section one of said act is hereby amended so ^^^- *^ ^ , ,. , , , amended by as to require the assent of the directors only, where that Act, 1866. of the corporation is required. • Capital stock Sec. 3. The capital stock of said corporation is here- ^^SK^ ^^ by increased to the sum of three hundred thousand dollars. ^J by acM^o! Sec. 4. Said corporation is hereby authorized to oper- Dmnmy en- ate its road in either or both of said towns of Westbrook gmes, use of, and Cape Elizabeth, or in said city of Portland, with ^uthorized, dummy engines, with the consent of the municipal officers thereof. Sec. 5. The title of said corporation is hereby amended Corpprate by striking out the words "and Forest Avenue." changed. GENERAL RAILROAD ENACTMENTS. 9. The city council of Portland is authorized to sell city may sen any or all the interests of the city, ©f Portland in the interest in or stocks, bonds, obligations or mortgages of any railroad & o^jRaUroad, corporation, now held by the city, on such terms as said or p. &r. council may determine, and is authorized to unite upon , ^ . , ., . , 1877, C. 382. such terms as said council may approve in any plan or plans for reorganizing the Portland and Ogdeusburg rail- road company, or the Portland and Rochester railroad company, or for making available the interests of the 398 EAILROADS. city in the stock, bonds, obligations or mortgages of either of said corporations, provided, nothing herein contained shall authorize incurring any executory obli- gation or liability, direct or indirect, contingent or absolute, in behalf of said city. 10. Any stockholder, or representative of an}^ stock- Any stock- holder, in any railroad company, shall have power to call holder in a f^j. ^^ gtock vote of such Company at any meeting of the railroad com- , , , -, « , . . i . . pany meeting Stockholders of such company, on any question that may may call for a be legally before such meeting, anything in the charter or stock "vot© 1872, c. 28. by-laws of such company to the contrary notwithstanding. 11. Any city or town, by a two-thirds vote, at any irconsfrmjt- ^^^^ meeting called for the purpose, may raise by tax or ing railroads, loan, from time to time or all at once, a sum of money R. s.,i87i,c.5i, not exceeding in all five per cent, on its regular valuation l^' for the time being, and appropriate it to aid in the con- struction of railroads, in such manner as they deem proper, and for such purpose may make contracts with any person or railroad corporation. At such meetings the l^al voters shall vote by ballot, those in favor of the proposition voting Yes, and those opposed, voting No. The ballots cast shall be sorted, counted and declared in open town meeting, and recorded, and the clerk shall make return thereof to the municipal officers, who shall examine such return, and if two-thirds of the ballots cast are in f^voi* of the proposition, said officers shalh forth- with proceed to carry the same into effect. ' 12. When the municipal officers of a town deem it necessary, for public safety, that gates should be erected erect gates at across a way where it is crossed by a railroad, and that a railway cross- person should be appointed to open and close them, they la^r lao ™^y? ill writing, request it to be done ; and in case of 1881,0.48. neglect or refusal, they may apply to the county commis- sioners to decide upon its reasonableness, who, after notice and hearing, are to decide. When they decide that such a request is reasonable, or that a flagman is necessary for the public safety, at said crossing, they may order one to be stationed there upon said application, instead of gates, and the corporation is to comply with it and pay the costs ; when they decide otherwise, the costs RAILROADS. 399 are to be paid by the applicants. This act shall apply to any application for gates now pending before any board of county commissioners. 13. The buildings of every railroad corporation or as- sociation, whether within or without the located right of railroads, way, and its lands and fixtures outside of its located right buildings, &c. of way, shall be subject to taxation by the several cities '^' '^ ' and towns in which such buildings, land and fixtures may be situated, as other property is taxed therein. 14. Every corporation, person or association, operat- ing any railroad in this State, shall pay to the State treas- state Treas- urer, for the use of the State, an annual excise tax, for urer. the privilege of exercising its franchises in this State, ii>id. §2. which, with the tax provided for in section one, shall be in lieu of all taxes upon such railroad, its property and stock. There shall be apportioned and paid by the State from the taxes received under the provisions of this act, to the several cities and towns, in which on the first day of April in each year, is held railroad stock hereby ex- empted from other taxation, such amount.equal to one per centum on the value of such stock on that day, as deter- mined by the governor and council ; provided however that the total amount thus apportioned on account of any railroad shall not exceed the sum received by the State as tax on account of such railroad. 15. The amount of the tax shall be ascertained as fol- lows : the amount of the gross transportation receipts as a^g^rtained returned to the railroad commissioners for the year end- ibid. § 3. ing on the thirtieth day of September next preceding the levying of such tax, shall be divided by the number of miles of railroad operated to ascertain the average gross receipts per mile ; when such average receipts per mile shall not exceed twenty-two hundred and fifty dollars, the tax shall be equal to one-quarter of one per centum of the gross transportation receipts ; when the average receipts per mile exceed twenty-two hundred and fifty dollars and do not exceed three thousand dollars, the tax shall be equal to one-half of one per centum of the gross receipts ; and so on increasing the rate of the tax one-quarter of one per centum for each additional seven hundred and fifty dollars of average gross receipts 400 RAILROADS. Governor and council to de- termine amount of such tax. Ibid. § 4. When payable, &c. Ibid. § 5. Applications and proceed- ings for abatement. Ibid. § 6. per mile or fractional part thereof, provided, the rat« shall in no event exceed three and one-quarter, per centum. When a railroad lies partly within and partly without this State, or is operated as' a part of a line or system extending beyond this State, the tax shall b equal to the same proportion of the gross receipts in this State, as herein provided, and its amount determined as follows : the gross transportation receipts of such railroad, line or system, as the case may be, over its whole extent, within and without the State, shall be divided by the total nftmber of miles operated to obtain the average gross re- ceipts per mile, and the gross receipts in this State shall be taken to be the average gross receipts per mile, multi- plied by the number of miles operated within this State. IG. The governor and council, on or before the first day of April in each year, shall determine the amount of such tax, and report the same to the State treasurer, who shall forthwith give notice thereof to the corporation, per- son or association, upon which the tax is levied. 17. Said tax shall be due and payable, one-half thereof on the first day of July next after the levy is made, and the other half on the first day of October following. If any party fails to pay the tax, as herein required, the State treasurer may proceed to collect the same, with interest, at the rate of ten per cent, per annum, by an action of debt in the name of the State. Said tax shall be a lien on the railroad operated, and take precedence of all other liens and incumbrances. 18. Any corporation, person or association aggrieved by the action of the governor and council in determining the tax through error or mistake in calculating the same, may apply for an abatement of any such excessive tax within the year for which such tax is assessed, and if, upon re-hearing and re-examination, the tax appears to be excessive through such error or mistake, the governor and council may thereupon abate such excess, and the amount so abated shall be deducted from any tax due and unpaid, upon the railroad upon which the excessive tax was assessed ; or, if there is no such unpaid tax, the governor shall draw his warrant for the abatement, to be RAILROADS. 401 paid from any money in the treasury not otherwise appro- priated. 19. If the returns now required by law, in relation to railroads, shall be found insufficient to furnish the basis Dutyof raii- upon which the tax is to be levied, it shall be the duty roadcommis- . sioners In of the railroad commissioners to require such additional ^^^^q cases. facts in the returns as may be found necessary ; and, iwd. § 7. until such returns shall ])e required, or in default of such returns when required, the governor and council shall act upon the best information they may be able to obtain. The railroad commissioners shall have access to the books of railroad companies, to ascertain if the required returns are correctly made ; and any railroad corporation , asso- ciation, or person operating any railroad in this state, which shall refuse or neglect to make the returns required by law, or to exhibit to the railroad commissioners their books for the purposes aforesaid, or shall make returns which the president, clerk, treasurer, or other person certifying to such return know to be false, shall forfeit a sum not less than one thousand dollars, nor more than ten thousand dollars, to be recovered by indictment, or by an action of debt in any county into which the rail- road operated may extend. 20. All acts and parts of acts inconsistent with this inconsistent act, are hereby repealed, except as to all taxes heretofore acts repealed, assessed, and this act takes effect when proved. iwd. § 8. 21. Any railway corporation^ is hereby authorized to Railway Co. locate, under the direction of the railroad commissioners, ™ay construct consti-uct and maintain branch railroad tracks to any muiorman- mills or manufacturing establishments now or hereafter ufacturing erected in any town or township, but not within the mgnt. limits of any city without the consent of the city coun- 1872, c. 219. cil of said city through which the main line of said railroad is or may be constructed, and for that purpose shall have all the powers and rights granted, and be sub- ject to all the duties imposed upon said corporation by its charter."^ 6 As to law regulating crossings, see R. S., 1871, c. 51, § 13, et seq. ; P. & O. C. R. R. Co. r. Gt. R. R. Co., 46 Maine, 69; Veazie v. Mayo, 49 Maine, 156. ' As to right to lay side tracks and use of streets ; and as to railroads for private purposes, see Green v. Portland, 33 Maine, 431 ; Dillon on Mun. Corp. § 565, et seq. ; Bangor, O. & M. R. R. Co. v. Smith, 47 Maine, 34 ; State r. Noyes, 47 Maine, 189; State v. Kelsey, 58 Maine, 56. 402 RAILROADS. Crossing of a railroad or canal by a railroad. 1872, c. 40. 1877, c, 191. Eepalr of bridges and abutments. Paupers brought into State by rail- road to be removed. 1875,0.41. 22. A railroad may be carried over or under a canal or railroad in such manner as not unnecessarily to impede the travel or transportation of them. The corporation mak- ing such crossing is liable for damages occasioned by it in an action on the case. Bridges and their abutments, con- structed for a crossing of any way, are to be kept in repair by the corporation, or persons or parties running trains on any railroad crossing a highway or town way. The municipal officers of ^any city or town may give notice in writing to such persons, parties or corporations that a bridge required at such crossing has not been erected, or is out of repair, and not safe and convenient, within the requirements of section forty, chapter eighteen of the revised statutes, or that the crossing of any such highway or town way passing such railroad at grade, within their respective cities or towns, is not made or maintained safe and convenient, as required by section forty aforesaid ; and it shall be the duty of such persons, parties or cor- porations, to erect or repair such bridge, or make such crossing safe and convenient, as aforesaid, within ten days from the service of said notice ; and if they neglect so to do, any one of said municipal officers may apply to any justice of the supreme judicial court, in term time or vacation, to compel such persons, parties or corporations to erect or repair such bridge or make such crossing, as aforesaid ; and after hearing, such justice or court may make any order thereon the public convenience and safety may require, and compel the respondents to comply there- with by injunctions ; or the said mundcipal officers of any city or town may, at the expiration of ten days from the date of the notice aforesaid', cause necessary repairs to be made, and the expense of making such repairs shall be paid by the persons, parties or corporations whose duty it is to keep such crossing safe and convenient. 23. Any common carrier that brings into this State any ' person not having a settlement in the State, shall cause the removal beyond the lines of the State, of any such person, if he falls into distress within a year, which removal said common carriers are hereby authorized to make : provided, such person shall be delivered on board RAILROADS. 403 a boat or at a depot of such common carrier, by the over- seers or municipal oflScers requesting such removal ; and in default thereof, such common carrier shall be liable in an action of assumpsit for the expense of the support Of such person after such default. 24. Whenever any city or town in this State shall in when city or its corporate capacity, hold one-fifth, or more, of the town is shares in the capital stock of any railroad incorporated director in a by the legislature of this State, any citizen of such city railroad, or town, being a freeholder and resident therein, shall be ^^^*'^- • eligible as a director of such railroad company. 25. The city council of Portland is authorized to sell Portland 11 i". i.1 • i.-r-»ii.i authorized to any or all the interests of the city of Portland in the sell its interest stocks, bonds, obligations or mortgages of an}" railroad in certain rail- corporations, now held by the city, on such terms as said jgy- c.382. council may determine, and is authorized to unite upon such terms as said council may approve, in any plan or plans for reorganizing the Portland and Ogdensburg Rail- road Company, or .the Portland and Rochester Railroad Company, or for making available the interests of the city in the stocks, bonds, obligations or mortgages of either of said corporations, provided, nothing herein contained shall authorize incurring any executory obligation or lia- bility, direct or indirect, contingent or absolute, in behalf of said city. 404 EAILROADS. Orders and Ordinances. PORTLAND AND FOREST AVENUE RAILROAD. ^ 1. Ordered, That the tracks of the Portland and Location of i n i i i • tracks. Forest Avenue Raih'oad Company shall be located in Order May 26, the City of Portland as follows ; but upon the express Rev.ord. 1868. couditiou to the location, that said railroad company shall, at all times after the rails are laid down, keep in good order and complete repair, at their own expense, that portion of all streets through which the said rails are or may be laid, lying between the rails, and also that portion of the street lying outside of the . rails and adjacent thereto, extending one foot and a half from and outside of each rail, throughout the whole length of said railroad in the streets of the city of Portland ; and also that the work of laying down the tracks and rails of said road shall be done under the direction and to the satisfaction of the municipal officers, and also the form and kind of rail, to be used shall be satisfactory to said municipal officers and approved by them. Routes of road ^' ^^^^ location beginning at or near the depot of the Atlantic & St. Lawrence railroad, and thence extending with one track over the following streets : viz: up India street to its junction with Middle, thence from the junction of India and Middle streets, up Middle to the head of Preble street, thence from the head of Preble street over Preble street to Port- land street, thence from the junction of Preble and Portland streets over Portland street to its junction with Parris street, thence from the junction of Port- land and Parris streets over said Parris street, to its junction with Kennebec street, thence from the junc- tion of Parris and Kennebec streets over said Kenne- 8 For orders in relation to tlie West-End Street Railway, see city records, Booli 20, p. 356, and for charter of same, see private laws of 1881. For char- . ter of "Portland and Deering" Railroad, see private laws, 1873, c. 394, and 1878, c. 31. JIAILROADS. 405 bee street to Green street, thence from the junction of Kennebec and Green streets over Deering's bridge, to the line of Westbrook. And diverging from this route in Congress street near the head of Preble street, and extending therefrom by two tracks over said Congress street to the head of High street, thence from the junction of Congress and High streets Tvith one track over High street to Spring street, thence from the junction of High and Spring streets over Spring street to Clark street, thence from the junction of Spring and Clark streets over Clark street to Pine street, thence from the junction of Clark and Pine streets, over said Pine street to Congress street, thence from the junction of Pine and Congress streets over Congress street to the head of High street, so as to connect with the tracks hereinbefore specified, and extending to the head of Preble street, and thence by one track from the junction of Congress and Preble streets over said Congress street to Atlan- tic street; also diverging from Congress street in front of the new city building at the head of Ex- chanfje street, and extendinor over said Exchansre street to Middle street, with such turnouts as may " '^'^° outs. be necessary for the safe and convenient operation of said road, and for reaching their car houses, as may be approved by the municipal officers. 3. The tracks of said railroad shall be laid in or Tracks to be near the centre of the streets above named and to laid in or near such grades as shall be determined by the municipal streets, officers ; and the curves around the corners of all streets shall be located by the city engineer under Grades and the direction of the municipal officers, Avith the ^^^®^- co-operation of the directors of said railroad com- pany. 4. And this location is granted upon the express constrhcuonof condition that in the construction of said tracks, tracks. 406 EAILROADS. blocks of stone of the alternate length of eighteen and twenty inches, measuring from the rail outward, and otherwise of such quality, form and size as the muni- cipal officers may direct, shall be laid down outside of each rail ; and upon the further condition, that said railroad company, shall, at their own expense, pave between their double tracks, wherever double tracks are laid, and also between their rails throughout the whole leno^th of said railroad in the streets of the city ; said pavement to be, until otherwise ordered, fair quality round beach paving stone, and to be laid to the satisfaction of the municipal officers ; and upon the further condition that whenever there shall be snow or ice in said streets to the depth of six inches or less, said railroad company may remove the same from their tracks, by shovels or by using such kind of snow plough as the street commissioner shall approve of provided they level it olF and grade out- snowandice. ^{^q of their rails, so as to allow sleighs and other vehicles to pass along said streets and over their rails with safety and convenience. But whenever there is solid snow or ice exceeding the depth of six inches in said streets, then said railroad company shall not be allowed to remove the same from their rails with- out first obtaining the consent of the street commis- sioner, approved by the municipal officers, and then only upon condition that they haul it off and grade the streets wherever said snow or ice is so removed, to the satisfaction of the street commissioner. But if their consent for removing said snow or ice is re- fused, then said railroad company is authorized to use a sufficient number of sleighs, or mount their cars on runners, to convey passengers over their road until the cars can be used on their tracks. RAILROADS. 407 And upon the further condition that said railroad company shall faithfully observe and obey the follow- ing rules and regulations in using their road, viz : I^irsf. That no car shall be drawn at a greater Rules and speed on their road than six miles an hour. regulations. Second. That while the cars are turaing the cor- ners from one street to another, the horses shall not be driven faster than a walk. Third. The cars driven in the same direction shall not approach each other within a distance of three hundred feet, except in case of accident or at stations. Fourth. That cars running in different directions shall not be allowed to stop a!)reast each other except at stations. Fifth. That no car shall be allowed to stop on a cross walk nor in front of. an intersecting street, except to avoid collisions or prevent danger to persons in the street. Sixth. That in case the conductor of any car is required to stop at the intersection of two streets to receive or land passengers, the car shall be so stopped as to leave the rear platform slightly over the last crossing. Seventh. That the conductor and driver of each car shall keep a vigilant watch for all teams, carriages, persons on foot, and especially for children, and upon the least appearance of danger to such teams, car- riages, persons or children, the car shall be stopped in the shortest time possible. Eighth. That the conductors do not allow ladies or children to enter or leave the cars while in motion. JS'inth. That no salt or other article shall be used in removing snow or ice from their tracks, which may prove injurious to sleighs or other vehicles crossing them, without the consent of the municipal officers. 2b 408 EAILROADS. Tenth. That a printed copy of these rules and regulations shall be put up and kept in a conspicuous place inside of every car used on their road. And also upon the further condition that said rail- road company shall accept the location hereinbefore specified, and agree to the several provisions, condi- tions and regulations connected with the same, within one month from March 1, 1863, and said company shall file in the oflSce of the city clerk, a duly certified copy of the vote agTeeing to this location, with its conditions and regulations, within said one month, and make and complete, and put in running order said raih'oad in two years from said date, otherwise such portion as is not then made shall be null and void. And also upon the further condition that said rail- road company shall comply with and obey any and all other rules, regulations, orders, ordinances, or require- ments which have been adopted, or may be adopted at any time hereafter by the municipal oflicers of Portland in relation to said railroad, or to the streets through which the tracks thereof are laid, not incon- sistent with the rights herein granted. And upon the further condition that any similar corporation hereafter incorporated, which shall con- struct its railroad in any of the streets of the city of Portland, where the Portland and Forest Avenue railroad company have no track, may enter upon and connect with and use the track of said Portland and Forest Avenue railroad company for such rates of compensation as may be mutually agreed upon, and in case of disagreement of the directors of said com- panies, three disinterested persons shall be appointed by a judge of the Supreme Court, upon the applica- of either party and due notice to the other, who shall upon hearing, fix said rates of compensation and determine all matters in dispute between said compa- RAILROADS. 409 nies, and the services of said commissioners shall be paid in equal proportions by said companies. And it is expressly understood that the municipal officers reserve all the rights and powers granted them by the second, third, and seventh sections of the act incorporating said company ; and that none of said rights or powers so granted shall be deemed to be in any way waived, limited or qualified by any- thing contained in this order. 5. Ordered, That the Portland and Forest Avenue Railroad Company be, and they are hereby authorized Additional to extend the location of their railroad from their location. present terminus on Clark street, over and upon order, Dec. ;, Spring street to Bowdoin street, upon the same terms and conditions, and with the same restrictions and limitations as are now granted by the terms of the original location of said road. 6. Any person wilfully placing an obstruction of obstructions, any kind upon the rails of the Portland and Forest ^^ g^p^ 5 Avenue railroad, in the streets of this city, shall be ^^• punished by fine not exceeding twenty dollars. Note.— The conditions of acceptance by the company, were complied with by the properly attested papers received and placed on file at city clerk's office, March 23, and April 24, 1863. 410 RAILROADS. AGREEMENT OF CITY OF PORTLAND WITH ATLANTIC AND ST. LAWRENCE RAILROAD COMPANY OF OCTOBER 31, 1868. . Agreement entered into on the thirty-first day of October, 1868, between the city of Portland and the Atlantic and St. Lawrence Railroad Company under authority of an act of the Legislature of Maine, passed March 3, 1868, entitled "An Act making further provisions respecting the loans of credit heretofore made by the City of Portland to the Atlantic and St. Lawrence Railroad Company." Whereas the city, heretofore, under the several acts of August 1, 1848, and July 27, 1850, issued and delivered its bonds to said Company, which were negotiated for the use of the Company, in aid of the construction and equipment of its Railroad, and were issued and dated as follows, namely : Under act of Aug. 1, 1848. On the first day of December, 1848, $200,000 On the first day of May, 1849, 100,000 On the first day of August, 1849, 100,000 On the first day of November, 1849, 75,000 On the first day of February, 1850, 200,000 On^the first day of July, 1850, 200,000 On the first day of November, 1850, 75,000 On the first day of January, 1851, 50,000 In all, - - - - $1,000,000 And under the act of 1850, on the first day of February, 1851, in all, $500,000 ; all of which bonds were payable in twenty years from their respective dates, and are now outstanding ; And the railroad company, at the several dates of the aforesaid issues, gave to the city, as required by law, its several obli- gations, under the seal of the company and signatures of the directors, for the same several amounts, con- ditioned in substance, that the company would pay RAILROADS. 411 the interest a;id principal of all said bonds, as the same should become payable and mature and wcAild save and hold the city harmless on account of the issue of the same ; And, whereas, the railroad com- pany, afterwards, as required by the act of 1850, on the third day of February, 1851, executed and delivered to the city a mortgage of all its railroad property and franchise, for security of performance of all the several obligations so given by the company to the city and for the enforcement of the lien given by law to the city upon the said railroad property and franchise, and afterwards on the third day of April, 1853, in pursuance of a covenant in said mort- gage executed and delivered to the city another mortgage on the same railroad property and franchise as then existing for further assurance and additional security for performance of the same conditions ; And whereas, it was further provided by said acts of 1848 and 1850 that sinking funds should be estab- lished for the redemption of the bonds so issued by the city, which sinking funds were in fact so estab- lished, and had accumulated, on the 31st day of July last and to the sum of $455,290.73, for the fund under the act of 1848, and to the sum of $204,806.80, under the act of 1850, and it has now become evident, that the said funds will not, nor will either of them, at the maturity of the city bonds aforesaid, be of suflScient amount to redeem in full the city debts, to which the same are applicable, but will amount sev- erally, to very nearly one half of the respective debts ; And w^hereas, the railroad company has represented to the city, that it will be unable to ful- fil its obligations so given* to the city by paying the principal of the city bonds aforesaid at maturity beyond the amount that the respective sinking funds will supply therefor, and it appears that the city will be obliged to pay the balance of said bonds, over and 412 RAILROADS. above the amount applied from the sinking funds towards redemption of the same, and will thereupon become entitled to demand from the company the immediate reimbursement of such balance and in case of failure to make such reimbursement, will be entitled to pursue and enforce all its remedies, under the said acts of 1848 and 1850, for such default, and the railroad company in view of the premises, has requested the city to grant to it and its assigns, an extension of the coiiipany's several obligations afore- said, and an extension of the mortgage given for security of the same, for all the amount of the prin- cipal of the bonds, which the city will be obliged to pay; and the parties have united in procuring the enactment of the aforesaid act of March 3, 1868, to provide the requisite legal authority and power for such arrangements as require to be made by the city, in this behalf; And whereas, it is contemplated by the parties to this agreement that the commissioners of the sinking fund established under the acts of 1848 and 1850, at the several times of the maturity of the city debts aforesaid, will be authorized to apply and will apply out of such respective funds portions of the same, towards the redemption of the city debts so maturing corresponding to the proportions w^hich . the whole respective funds, as then existing, shall bear to the whole of the respective city debts to be redeemed, it being now estimated that the said pro- portion will be one-half part, very nearly, and the parties have agreed that they will unite, if necessary, in*such proceedings as may be suitable and requisite to give the commissioners full authority to apply the existing sinking funds in such proportional parts. Now, in consideration of the premises, in pursuance of the representation and request so made by the railroad company, and under the authorit}" of the acts of March 3, 1868, subject to all the limitations, RAILROADS. 413 conditions and restrictions of said act, the city here- by agrees that it will grant an extension of the balance aforesaid of the company's obligations herein- before mentioned, and an extension of the mortgage given for security of performance thereof; which extension shall be for the term of eighteen years from the first day of January, 1870, for all the balance of the obligations so given by the company to the city under the act of 1848, and for^the term of eighteen years from the first day of February, 1871, for all the balance of the obligations so given under the act of 1850. And this agreement for extension shall be subject to all the aiTangements, conditions and stipu- lations hereinafter provided and expressed, as follows, that is to say. 1. The railroad company engages, that notwith- standing anything contained in this agreement, it will continue to provide for and pay the interest which shall accrue and be payable in all the now outstand- ing bonds of the city, issued under the acts of 1848 and 1850, until the maturity of the principal of the same, and that it will continue to make all such con- tributions, as it is by law required to make, to the sinking funds established under those acts ; and in case of default in either of these engagements, the city is to be at liberty to terminate the extension hereby gi-anted, and may resoi-t to" all the legal remedies for such default, provided and existing under the acts of 1848 and 1850. 2. The railroad company further engages, that it will, semi-annually, provide for and pay to the city, or deposit to the use of the city, at such place as the city treasurer shall appoint, the accruing interest upon all the unsatisfied balance of the company obli- gations given to the city as aforesaid, so long as any such balance shall remain undischarged : and that it will make and pay all the contributions required by 414 RAILROADS. the act of March 3, 1868, to be made to the new sinking fund established by that act; and in case of default in either of these engagements, the city shall be at liberty to terminate the extension hereby granted, and may resort to its legal remedies provided and existing under the acts of 1848 and 1850 for enforcement of the company's obligations aforesaid. 3. And inasmuch as it is understood by the parties, that the city will be obliged to issue its new bonds to an amount equal to the unsatisfied balances of the company's obligations aforesaid, for the purpose of raising money to discharge a corresponding balance .of its prior bonds issued under the acts of 1848 and 1850, the railroad company in consideration of the extension hereinbefore agreed to be given, engages that it will pay to the city all the costs of preparing and issuing such new bonds, and of negotiating the same, and will make up to the city any loss that may be sustained l)y discount in negotiating the same ; and the city engages that it will ofler to the railroad company the option of procuring the negotiation of the same at seasonable times and at the most favora- ble rates to be obtained in the market. 4. All the sums whictt shall be applied by the com- missioners of the sinking fund, under the acts of 1848 and'1850, towards the redemption of the bonds issued under these acts, shall be a discharge of so much of the railroad company's obligations aforesaid, and shall be appropriately indorsed thereon. 5. And the parties to this instrument further agree, that their intention is to provide for the ultimate performance and payment of all the balances of the company's obligations aforesaid in the manner which shall be least burdensome and most advantageous to the parties, but without pecuniary loss or detriment to the city, in any event, and without diminishing or impairing any security held by the city ; and that in KAILROADS. 415 case of any want of authority in the commissioners of the sinking fmids under the acts of 1848 aud 1850, to apply these funds in the names now contemplated and expressed in this instrument, or, in case of any other legal difficulty or impediment in effecting the object or intent of the parties, by the particular arrangements, now made therefor, they will nego- tiate further thereon, and will use all their reasonable and lawful endeavors, and enter into allsuch further proceedings and agTcements as may be necessary and deemed adequate to accomplish the ti-ue mtent, mean- ing and object of this agreement as hereinbefore declared. In witness whereof this agreement is subscribed in behalf of the city, by Jacob McLellan, mayor, duly authorized by a vote of the city council passed on the 17th day of September, 1868, and in behalf of the railroad company by St. John Smith, president, duly authorized by a vote of the directors passed on the twenty-second day of October, 1868, — and the said parties have hereto affixed their respective seals this thirty-first day of October in the year of our Lord one thousand eight hundred and sixty-eight. Signed, sealed and delivered. Rebuilding of the Burned District. AFTER THE GREAT FIRE OF 1866. Statutes. 1. Bonds of city; amount and when payable. 2. Commissioners to negotiate loan. 3. Commissioners may loan on mortgages of real estate. 4. Interest upon loans. 5. Sinking fund. Moneys on hand, how to be invested. 6. Vacancies in board of commissioners, how filled. Remov- als, how made. Succession in management of property. 7. Duties of city treasurer. 8. Accounts, records and reports, how and when made. 9. Acceptance of act by citizens. 10. Bonds may be cancelled. ORDER OF CITY COUNCIL. 1. Relating to bonds. Statutes. 1. For the purpose of aiding in rebuilding said city, so amount and much of which was recently destroyed by fire, the city of when payable. Portland IS authorized to issue its bonds to an amount ^ha'tSs'sTS ^^* exceeding two millions of dollars, payable in not ex- 390. ceeding twenty years from their date, and bearing an interest at the rate of six per centum per annum, payable at the option of the commissioners in any place in the United States, or payable in England in sterling. Commissioners ^' -^ board of four commissioners, citizens of said city, to negotiate shall be appointed by the mayor and aldermen of said °*^* city. Each of said commissioners shall give bond to the city, in such sum as the mayor and aldermen shall deter- mine, conditioned for the faithful discharge of his duty as commissioner. They shall receive such compensation for sation and^° their services as shall be established by the mayor and duties. aldermen. The bonds issued by virtue hereof, shall be Bonds of city, REBUILDING, ETC. 417 negotiated by said commissioners, under the direction of Act 1867, c. 373. the mayor, and delivered by the city treasurer upon the warrant of the commissioners. 3. The said commissioners, under such general regula- tions as shall be established from time to time by the May loan upon mayor and aldermen of said city, shall loan the proceeds ^^j Ste ° of said bonds in a safe and judicious manner, upon Acts, i867, mortgages of real estate, for the purpose of building chapters 373, dwelling-houses, stores and buildings, in said city of Portland. 4. Upon all loans made by said commissioners under interest upon this act, they are hereby authorized to charge, take or re- ^°*°®' serve, a rate of interest not exceeding seven and three- ^^^"^ ''^' ' " tenths per centum per annum. 5. For the purpose of the payment of the bonds issued under this act, a sinking fund shall be established, to be under the direction of said commissioners. All payments of loans, all receipts of interest above interest paid, after payment of necessary expenses, and all other moneys re- ceived, excepting from the sale of said bonds, shall be placed to the credit of said sinking fund. The commis- sioners shall from time to. time at their discretion, invest the moneys on hand, securely, so that they shall be pro- investedin ductive ; and the same may be loaned on mortgages of securities, real estate, as provided in section three of this act, or gonveved^^*^ invested in the bonds issued under this act, or any other r^j^j bonds of the city of Portland, or of the State of Maine, or of the United States, which securities shall be held for the increase of the sinking fund. And the commissioners may, from time to time, sell or transfer any of said se- curities. 6. Vacancies in the board of commissioners shall be Vacancies, how filled by the remaining or surviving commissioners. Said *^^^^' commissioners, or any of them, shall not be removable ^^^J^^^^' ^^^ from office, except by the supreme judicial court, in their discretion, upon complaint of the mayor and aldermen of said city, which court is hereby empowered to adjudicate upon said complaint according to the course of proceed- succession in ings in equity, and to pass all proper decrees touching management the same. Vacancies thus created shall be filled as above ibid. 418 KEBUILDING, ETC. Duties of city treasurer. Ibid. Accounts, records and reports, how and wiien made. Ibid. Acceptance of Act by citi- zens. Bonds may be cancelled. Act of 1873, C.256. provided ; and as often as any new commissioner or com- missioners shall be appointed, the management of the property then held shall rest by operation of law in such new commissioner or commissioners, jointly with the prior commissioners. 7. Tlje city treasurer shall have the care and custody of all moneys received from the sale of bonds, or from any other sources, and shall be responsible on his official bond, to the city for the safe keeping of the funds thus entrusted to him. He shall also have the care and custody of, and be responsible for, all the securities of the sinking fund. He shall pay out and deliver any of said moneys or securities only upon the warrant of the commissioners. 8. The said commissioners shall keep a true record of all their proceedings, and an account of all sums received from the sale of bonds or from any other sources, and the payments made of the same. They shall, annu- ally, in the month of January, report to the city council their proceedings for the year. And their records and accounts and the accounts and securities of the sinking fund, shall at all 'times be open to inspection by the finance committee of the city council. 9. This act^ shall not take effect unless accepted by the legal voters of said city, at ward meetings duly called, and at least two-thirds of the votes cast at said meetings, shall be necessary for the acceptance of the act. 10. The commissioners of the Building Loan of the city of Portland, with the consent of the city council of Portland, are authorized from time to time to cancel as paid, any or all bonds issued by the city of Portland, in pursuance of the acts authorizing such building loan, whenever any of such bonds are held or purchased by such commissioners. 1 The act was accepted March 15, 1867, and March 20, 1867, Woodbury Davis, Eben Steele, Ambrose K. Shurtleff and Weston R. Millikin were ap- pointed commissioners. » REBUILDING, ETC. 419 Order. 1 . Ordered, That in accordance with the act of the Relating to legislature of this State, approved February 28, 1867, ^<»°**^- entitled "An act to enable the city of Portland to aid in rebuilding said city," the treasurer be, and he is hereby authorized to issue the bonds of the city in sums of not less than one thousand dollars each, from time to time, as may be required by the commission- ers appointed under said act, to an amount not exceeding the sum authorized by said act, at the rate of interest of six per cent, per annum, payable in twenty years from this date, both principal and interest pa^-al^le in lawful money of the United States of America, and at the option of the said commis- sioners at any place within the United States. Each bond aforesaid shall be signed by the treasurer, countersigned by the mayor, attested by the city clerk with the seal of the city, and also countersigned by one or more of the commissioners under said act ; but the coupons shall be signed by the treasurer only. Riots. Statutes. 1. Unlawful assembly and riot. 2. One person may be convicted, without the others. SUPPRESSION OF MOBS BY OFFICERS AND ARMED FORCE. 3. Duty of magistrates and officers to disperse unlawful assembly of twelve or more ; refusal to assist them, or to disperse when ordered ; neglect of duty by magis- trates and officers. 4. When rioters refuse to disperse, magistrates and officers to call out armed force. ' 5. If any person is killed or wounded, magistrates and offi- cers held guiltless ; liability of the persons unlawfully assembled or refusing to assist in like case. PUNISHMENT AND REMEDY FOR INJURIES BY MOBS. 6. Punishment and civil remedy for pulling down houses or premeditated personal injuries. 7. Extent of liability of towns for injury to private property by mobs, and their remedy against the wrong-doers. Ordinance. 1. In case of riot, duty of city marshal, &c. Statutes. 1. If three or more persons assemble in a violent or Unlawful tumultuous manner to do an nulawful act, or, being assem y an^ together, make any attempt or motion towards doing a" R s 1871 lawful or unlawful act in a violent, unlawful, or tumult- c. 123, §2. uous manner, to the terror or disturbance of others, they shall be deemed guilty of an unlawful assembly ; if they commit such acts in the manner and with the effect aforesaid, they shall be deemed guilty of a riot, and be punished in either case, by imprisonment less than one year, and by a fine not exceeding five hundred dollars ; 1 state V. Snow, 18 Maine, 346; State v. Straw, 33 Maine, 554; State v. Boies, 34 Maine, 235. &c. Ibid. § 4. RIOTS. 421 and in case of a riot, each ofiender shall also suffer such punishment as he would be liable to if he had committed such act alone. 2. Any person engaged in an unlawful assembly or one person riot, may be indicted and convicted thereof alone, if it is maybecon- ' -^ . 1 , victed, with- alleged in the indictment and proved at the trial that out the others- three or more were engaged therein, and if J^nown, they ibid. §3. must be named, but if unknown, that fact must be alleged. SUPPRESSION OF MOBS BY OFFICERS AND ARMED FORCE. 3. When twelve or more persons, any of them armed D^ty of magis- with clubs or dangerous weapons, or thirty or more, trateandof- armed or unarmed, are unlawfully, riotously, or tumult- *^^emiiaw uously assembled in any town, it shall be the duty of fui assembly, each of the municipal officers, constable, and justices of the peace thereof, and of the sheriff of the county and his deputies, to go among the persons so assembled, or as near to them as they can safely go, and in the name of the State, command them immediately and peaceably to disperse ; and if they do not obey, such magistrates and officers shall command the assistance of all persons present in arresting and securing the persons so unlaw- fully assembled ; and every person refusing to disperse, or to assist as aforesaid, shall bfe deemed one of such unlawful assembly, and punished by a fine not exceeding five hundred dollars, and imprisonment less than one year ; and each such magistrate or other officer, having notice of such unlawful assembly, in his tOwn, and refus- ing or neglecting to do his duty in relation thereto as aforesaid, shall be punished by a fine not exceeding three hundred dollars. 4. When persons so riotously or unlawfully assembled, neglect or refuse, on command as aforesaid, to disperse refuse to dis- without unnecessary delay, any two of the magistrates, perse, &c. or officers aforesaid, may require the aid of a sufficient iwd. §5. number of persons in arms or otherwise, and proceed in such manner as they judge expedient, to suppress such riotous assembly, and arrest and secure the persons com- posing it ; and when an armed force is thus called out, 422 RIOTS. Jf any person ' is killed or wounded, of- ficers held guiltless, &c. Ibid. § 6. they shall obey the orders for suppressing such assembly and arresting and securing the persons composing it, which they receive from the governor, any judge of a court of record, the sheriff of the county, or any two of tiie magistrates or officers mentioned in section four. 5. If, in the efforts made as aforesaid to suppress such assembly, and to arrest and secure the persons composing it who refuse to disperse, though the number remaining is less than twelve, Lny such persons, or any persons present as spectators or otherwise, are killed or wounded, said magistrates, officers, and persons acting with them by their order, shall be held guiltless and justified in law ; if any of said magistrates, officers, or persons thus act- ing with them, are killed or wounded, all persons so unlawfully or riotously assembled, and all other persons who refused when required, to aid such magistrates and officers, shall be held answerable therefor. Punishment for- pulling down houses or premedita- ted personal injuries. Ibid. § 7. Liability of towns for in- jury by mobs, &c. Ibid. § 8. PUNISHMENT^ AND PvEMEDY FOR INJURIES BY MOBS. 6. If any persons, thus unlawfully and riotously assem- bled, pull down, or begin to pull down, or destroy any dwelling-house, building, ship or vessel ; or perpetrate any premeditated injury, not a felony, on any person, each shall be punished by imprisonment not more than five years, or by a fine not exceeding five hundred dol- lars ; and shall also be answerable to any person injured, in an action of trespass to the full amount of damages by him sustained. 7. When the injury to any property as described in section seven [section above] amounts to fifty dollars or more, the town where such property is situated shall indemnify the owner thereof for three-fourths of the value of such injury, to be recovered iu an action on the case, if he uses all reasonable diligence to prevent such injuries, and to procure the conviction of the offenders ; and the town paying such sum may recover it in an action on the case against the persons doing the injury. 2 For Statutes forbidding prize fights, game cock fights, &c., see acts 1873, c. 146. RIOTS. 423 Ordinance. 1. In case of any riot, or unauthorized and tumult- in case of riot, uous collection of persons, within the limits of the officers to re- city, it shall be the duty of the city marshal, pair to place deputy marshals, policemen, watchmen and constables „ ^ ' ^ '^ , ^ . Rev. Orel,, 1868. of the city, as soon as they are informed of the same, to repair immediately to the place where said riot or tumult may be, and report themselves to the mayor, or in his absence, to the city marshal, and they shall use all the power and authority vested in them by the ordinances of the city, or laws of this State, quickly '^anramhori'^ to separate and disperse said mob or tumultuous to disperse collection of persons, or to arrest and bring them to ^^ ' trial for said offense, as the case may require, to protect the persons and property of the citizens from injury, and to do all other matters and things which may be commanded them by the mayor or city marshal. 26 Sale of Second-liaiid Articles, Junk, &c. Statutes. 1. Mayor, &c., may license junk shops, &c. 2. Licenses to designate place of business. 3. Liability of persons not licensed. Penalty. 4. Any city may establish ordanances regulating. Mayor and ai- i. The mayor and aldermen of the city of Portland, thorized to ^lay license such persons as they deem suitable to be grant licenses keepers of shops for the purchase, sale, or barter of junk, c^rtainTur-^^ ^^^ metals, boncs, rags, or of any second hand articles, poses. and to be dealers therein. 63*'^^^'^^^^ 2. The licenses to such persons shall designate the place where the business is to be carried on, and the per- piace of busi- ^^^^ licensed shall be subject to such conditions, restric- ness, &c. tions and regulations as may be prescribed by the mayor Ibid. and aldermen of said city, and the license shall continue in force for one year, unless sooner revoked. Persons not 3. No person, unless licensed as aforesaid, shall keep hc^ensed, lia- ^^^ ^^^^ ^^, place for the purchase, sale or barter of the articles aforesaid, or for the storage thereof, or be a deal- er therein ; nor shall any person so licensed, keep such shop, or be a dealer in said articles, in any other place or —license re- manner than as is designated in his license or after notice Toked, liable, iq ]^[jj^ that said license has been revoked, under the pen- Penaity. alty of twenty dollars for each offence, to be recovered ered. ^J Complaint in the municipal court for said city or by ji,i(j indictment. SALE, ETC. 425 4. Any city may establish ordinances regulating the citymayestab- purchase and sale of old junk, metals and other articles lishordinan- usually bought by old junk dealers, and may therein pre- ^^ reguiat- scribe such conditions to be observed by buyers and sellers issi, c. ii. as the city oflScers may deem best, to prevent or detect the sale or purchase of stolen goods ; and suitable penal- ties may be prescribed in such ordinances for any viola- tion thereof. Scliools. Statutes. 1. Towns may determine number and limits of school districts. 2. Towns may choose agents ; vacancies how filled. 3. School money shall be paid only on written order of town officers. 4. School money in Portland, how paid. 5. Towns may abolish districts. Property to be appraised. Powers to continue for certain purposes. 6. Towns to raise not less than eighty cents per inhabitant. 7. Towns may provide school books. 8. Apportionment of school money, among the smaller districts. 9. Towns may choose committee or supei-visor. Who may appoint one of their number to act. Penalty. 10. Compulsory attendance of children twelve weeks in a year. 11. Mill tax for supporting schools. 12. Mill tax, how assessed and collected. 13. , Mill tax, distribution of. 14r. Mill tax, unexpended portion, to be added to fund. 15. Towns to make by-laws concerning truants, and certain children not attending school, to be approved by judge of supreme court. Penalty for breach thereof. 16. Shall appoint persons to make complaints of violation of by-laws. 17. Truant children may be placed in suitable institutions. SCHOOL COMMITTEE OF PORTLAND. 18. School committee of Portland, how constituted. 19. School committee of Portland, to reside in city irrespective of wards. 20. School committee of Portland, vacancy, how filled. 21. School committee of Portland, powers and duties of. 22. School committee of Portland, powers not specially con- ferred, vested in city council. .23. School committee of Portland, certain acts regarding repealed. SCHOOLS. 427 GENERAL POWERS AND DUTIES OF SCHOOL COMMITTEES. 24. School committees to be sworn. 25. Committee when first chosen to arrange terms of office. 26. Their duties. 27. They shall make annual statements. 28. Agents sometimes authorized to employ teachers. Dis- trict agents may also be authorized. 29. Agent to return lists to school committee. 30. Duty of committee, if agent neglect to act. Committee to return list to assessors. 31. Committee to furnish books if parents or guardians neg^ lect. 32. Compensation of committee or supervisors. 33. Duty of assessors or municipal officers. 34. Duty of State Superintendent in regard to above section. DUTIES AND QUALIFICATIONS OF INSTRUCTORS. 35. Teachers to keep school register. Not to be paid till register is completed. 36. Teachers to inculcate justice, morality and patriotism. 37. Penalty for disturbing schools. 38. Parents or guardians liable. 39. Defacing school houses. Penalty. 40. Innholders and shopkeepers not to give credit to students. 41. School exercises. Resolve relating to. Ordinances. 1. Committee to elect and remove teachers, determine their salaries, &c. 2. Salaries to be apportioned so as not to exceed appropria- tion. 3. Persons not vaccinated, not permitted to attend public schools. 4. Committee may cause scholars to be vaccinated at city expense. TRUANTS. 5. Children between eight and sixteen required to attend school. 6. Punishment for not attending sehool. 7. Truant officer to be appointed. 8. What provided as suitable places of punishment. 9. Habitual truants, how punished. 10. Same subject. SUPERINTENDEN'T OF BUILDINGS. 11. School buildings, superintendent, appointment of. 428 SCHOOLS. 12. School buildings, superintendent, duties of. 13. School buildings, superintendent, same subject. 14. School buildings, superintendent, same subject. NON RESroENT SCHOLARS. 15. Non resident children to be admitted to schools under same circumstances. Statutes. 1. A town at its annual meeting,^ or at a meeting called for that purpose, may determine the number and limits of Towns may ^^-J^g gchool districts therein, but they shall not be altered, determine the t j number and discontinued or annexed to others, except on the written limits of recommendation of the municipal officers and superin- tricts. tending school committee, accompanied by a statement of facts, and on conditions proper to preserve the rights and obligations of the inhabitants ; but when in the judg- ment of the board consisting of the municipal officers and superintending school committee or supervisor, the School in a number of scholars in any district becomes too few for disti'ictmay ^j^g profitable expenditure of the money apportioned to be suspended. ^ ^ j i l said district, said board may suspend the school in said district, and cause the money to be expended, for the benefit of the scholars in said district, in the adjoining district or districts. Said board shall make a record of its decision in relation to the school in said district, sign the same and cause it to be recorded by the town clerk, and such decision shall remain in full force until annulled How part of by vote of the town , or by the action of a subsequent board. money may be Said board may reserve not more than one-half of the expended. . Act 1880, c. 181. money appropriated to such districts, to be expended, in their discretion, for the conveyance of children of such 'SSIe'gLts. ^^«^^'i^t« to ^^^^ f^om school. ^iied^^^^'*^^^ 2. A town, at its annual meeting, may choose its school R.S., 1871, e. 11, agents ; and vacancies may be filled as in case of other School money town officers not chosen by ballot.^ shall be paid o tvt '.•,..■, -, only on writ- o. JNo money appropriated to the use and support of town^officers public schools Under the laws of this state shall be paid from the treasury of any city, town or plantation, except » Webber v. Stover, 62 Maine, 512; Whitmore v. Hogan, 22 Maine, 564. 2Dore V. Billings, 26 Maine, 56; Tucker v. Wentworth, 35 Maine, 393; School district v. Deshon, 51 Maine, 454. SCHOOLS. 429 upon the written order of the municipal officers thereof ; oct. i877, c. i96. and no order for. the payment of such money shall be ™|s^orjSpiy drawn by the said municipal officers, except upon presen- sefnSf § tation of a properly avouched bill of items. 4. All moneys appropriated for the use and support of School money public schools in the city of Portland, shall be paid by the ^^w mid!^ ' treasurer of the city, upon the account being approved by Act 1879, c. i3i. the mayor and committee of accounts for the city of Portland. The provisions of chapter one hundred and ninety-six of the public laws of eighteen hundred and sev- enty-seven, shall not apply to the city of Portland. 5. A town may abolish- the school districts therein, and shall thereupon forthwith take possession of all the Towns may 111 11 . ij.1 1 A ^ abolish school school-houses, land, apparatus, and other property owned ^gt^ctg and used for school purposes, which districts might law- 1875, c. u. fully sell and convey. The property so taken shall be ^™\^^°° ^[ appraised under the duection of the town, and at the §3. next annual assessment thereafter, a tax shall be levied Property appraised. upon the whole town, equal to the whole amount of said Tax to be levied appraisal, or such part thereof as the town shall vote, for amount of and the remainder of said appraisal, if any there be, shall be levied by tax upon the whole town at the second and Remitted to 1 . T 1 , /. , -. district for third annual assessment thereafter, or at the second yaiue of prop- alone, as the town shall vote, and there shall be remitted to erty. the tax payers of each district the said appraised value of Powers and its property thus taken, in the same proportion annually (Ugtrictsto as the tax therefor shall be levied, or the difference in continue for the value of the property of the several districts may poses"^"' be adjusted in any other manner agreed upon by the parties in interest. Upon the abolition or discontinuance ^^J^ duties of district* c;pg of any district, its corporate powers and liabilities shall c. 11, of R. s., continue and remain, so far as may be necessary for the i87i. enforcement of its rights and duties. 6. Every city, town and plantation shall raise and - ,, - , i. , 1 , . Towns to raise expend, annually, for the support of schools therein, a for school sum of money, exclusive of the income of any corporate purposes not less than SO cents per school fund, or of any grant from the revenue or funds from the state, or of any voluntary donation, devise or inhabitant. bequest, or of any forfeiture accruinsf to the use of Act i878, c. 20. •^ ° Amending R. S.,1871,c.ll,§5. 430 SCHOOLS. Penalty. schools, not less than eighty cents, for each inhabitant, according to the census of the state, by which represen- tatives to the legislature were last apportioned, under penalty of forfeiting not less than twice nor more than Towns neglect- four times the amount of its deficiency ; and no town ingnotenti- ^j^jch uesflects to raise the amount of money required to tifid to StflfliB »/ * school fund, be raised by this section, shall, during the year in which such neglect occurs, receive any part of the state school fund required to be apportioned to the several towns by the treasurer of state. Towns may 7. Towns, citics and plantations, may raise money to books^^ ^^^°^^ provide school books for the use of the pupils in their public R.s.,i87i,c.ii, schools, at the expense of said town, city or plantation, §6- or^o furnish them at cost to the pupils ; and all money raised and appropriated for that purpose shall be assessed in the same manner as other moneys raised for lawful purposes are assessed. 8. The assessors and superintending school committee, amendin^ ' ^^ Supervisors of towns, cities and plantations, may 1874, c. 166, annually apportion twenty per centum of all money andR. s.,1871, required to be raised by the fifth section of chapter eleven of the revised statutes, and twenty per centum of school ° ^^ ^^ money received from the state for schools, except money among money received under the free high school act, among the disti-ictsin districts in the several towns, cities and plantations, in the several such. manner as in their judgment shall give to the smaller districts, as nearly as may be, an equal oppor- tunity of enjoying the benefits of common school educa- tion with the larger districts. 9. Every town shall choose by ballot at its annual choose com- meeting, a superintending school committee of three, mittee or unless already done, to hold office as provided in section supervisor. f, R. S.,1871, ell, fifty-three, chapter eleven, R. S., 1871, and shall fill §10- vacancies arising therein at each subsequent annual See school com- ^^^ting, or, shall, in the same manner, choose a super- mitteeof Port- visor of schools, who shall have the power and perform anr , pos . ^^^ duties which are now, or may hereafter be required of the committe aforesaid ; and his election shall termin- ate the office of any and all existing members of such committee. The superintending school committee may towns. Towns to SCHOOLS. 431 appoint one of their number, who shall have all the s. s.Committee may appoint power, and perform all the duties specified in the fifth one of their and twelfth items of the fifty-fourth section of chapter perform cer- 11, revised statutes of 1871. Any town failing to elect r. s.,i87i,c' ii, members of superintending school committee or supervisor penalty for as required by law shall forfeit not less than thu*ty, nor to^oosicom- more than two hundred dollars. Si^pei^isor 10. That every parent, guardian, or other person in the ^^'^^- § ^2. State of Maine, having control of any child or children Children re- ' ® -^ qmred to between the ages of nine and fifteen years, shall be re- attend public quired to send such child or children to a public school school twelve weeks in a for a period of at least twelve weeks in each year, unless a year. such child or children are excused from such attendance ^ct 1875, c. 24. by the school officers of the town in which such parent or guardian resides, upon its being shown to their satisfac- tion that the mental or bodily condition of such child or children has been such as to prevent attendance at school ... 1 /. , .1 . -, -, Exception, or application to study for the period required, and the certificate of a physician shall be deemed sufficient to sat- isfy said officers ; or that such child or children have been taught at a private school or at home in such branches as are usually taught in primary schools ; provided, in case a public school shall not be taught fOr three months in the year within one and one-half miles by the shortest trav- elled road of the residence of such delinquent, nor within the school district within which such child resides, he Penalty for shall not be liable to the provisions of this act. In case ^on-compii- '- ance. any parent, guardian, or other person having such control, j^^^ ^ ^ shall fail to comply with above provision, he shall be liable to a fine not exceeding five dollars and costs of prose- cution for such offence, to be recovered in any court com- petent to try the same, and the magistrate or court to which said fine shall be paid shall pay the same to the treasurer of the town in which the offence was committed, and shall be by him accounted for, the same as money raised" for school purposes. Every boy in this State be- tween the ages of nine and fifteen years, who shall neglect or refuse to attend school as required in section ^^^^^^ ^ ^^^ one of this act, unless excused by the school officers of the city, town, or plantation in which he resides, on being 432 SCHOOLS. Duty of com- mittee to enforce. Ibid. § 4. Mill tax f or support of' Act 1872, c. 43. How assessed and collected. Ibid. Distribution. Ibid. Any portion unexpended to be added to permanent fund. Ibid. Cities and towns author- ized to make laws concern- ing truants. R. S., 1871, c. 11, §13. Persons ap- pointed to make com- plaint. Ibid. § 14. convicted of such offence, shall pay a fine not exceeding five dollars. It shall be the duty of the school committee or town supervisor to enforce these provisions. 11. A tax of one mill per dollar is hereby annually as- sessed upon all the property in the State according to the valuation thereof, and shall be known as the mill tax for the support of common schools. 12. This tax shall be assessed and collected in the same manner as other state taxes, and be paid into the state treasury and designated as the school mill fund. 13. The first distribution of this fund shall be made July first, eighteen hundred and seventy-three, and the same month annually thereafter by the state treasurer to the several cities, towns and plantations of the State ac- cording to the number of scholars in each city, town or plantation, as the same shall appear from the official re- turn made to the oflSce of the state superintendent of common schools for the preceding year. 14. All and every portion of the school mill fund not distributed or expended during the financial year shall at the close of each financial year be added to the permanent school fund. TRUANTS. 1 15. Towns may make such by-laws not repugnant to the laws of the State, concerning habitual truants, and children between six and seventeen years of age not at- tending school, without any regular or lawful occupation, and growing up in ignorance, as are most conducive to their welfare and the good order of society, and may an-, nex a suitable penalty not exceeding twenty dollars for any breach thereof ; but said by-laws must be first ap- proved by a judge of the supreme judicial court. 16. Such towns shall appoint at their annual meeting, one or more persons, who alone shall make complaints for violations of said by-laws to the magistrate having juris- diction thereof by said by-laws, and execute his judg- ments. 1 Municipal court has jurisdiction over offence of truancy. Wentworth, 65 Maine, 129. O'Malia v. SCHOOLS. 433 17. Said masiistrate, in place of the fine aforesaid, may ^ J^ , . . 1 Truant chil- order children, proved to be growing up in truancy, and dren placed in without the benefit of the education provided for them suitable insti- by law, to be ])laced for such periods of time as he thinks ^, , « « ^^^^- § In- expedient, in the institution of instruction, house of ref- ormation, or other suitable institution provided for the purpose under the authority enforced by section thirteen of chapter eleven of Revised Statutes. THE SCHOOL COMMITTEE OF PORTLAND. 18. The school! committee of the city of Portland shall Private laws consist of the mayor of said city, who shall be, ex-officio, school com- chairman, and of seven other persons to be elected as mitteeof hereinafter provided. ^0^2^ 19. Members of the school committee shall be residents of the city, and shall be elected at the annual election for To be residents municipal oflScers, by a plurality of the ballots cast by the restricted as qualified electors at such election. They shall hold their towards. oflSce for the term of two years from the time they are ^^^- 5 2- elected, and shall be divided into classes as follows : three members shall be elected at the municipal election in the year eighteen hundred and eighty-two, to fill the places of those whose terms expire in March in that year, and four members shall be elected at the municipal election in the year eighteen hundi-ed and eighty rthree, to fill the places of those whose tenns expire in March of that year ; and thereafter, at each annual election, such a number of members shall be elected as shall be suflScient to fill the places of those whose terms shall expire in that year. 20. In case of vacancy in said board, the city council Vacancy, how shall, in joint convention, elect by ballot, some person to ^^^^^' fill the ofl3ce until the next municipal election, when some person shall be elected to fill the unexpired term. So that representation and election by wards to said board is hereby abolished. 21. The said committee shall have all the power, and perform all the duties in regard to the care and manage- 1 These provisions take the place of provisions of first two sections of Private Laws of 1875, c. 84. This act of 1881 was passed to abolish the ward system of selecting S. S. Committee. 434 SCHOOLS. Powers and duties of school com- mittee of Portland. Private laws 1875, c. 84. Election of a superintend- ent. Salary. Estimates to be furnished city council. No compensa- tion. Powers not specially con- ferred vested in city council. Ibid. Certain acts repealed. Ibid. Same clause in act of 1881. School com- mittee to be sworn. R. S., 1871,c. 11, §52. School com- mittee when first chosen shall arrange term of ofllce. Act 1880, c. 171, E.S.,1871,c.ll, §53. Vacancies. ment of the public schools of said city, which are now conferred and imposed upon superintending school com- mittees by the laws of this State, except as otherwise pro- vided in this act. They Shall annually, and whenever there is a vacancy, elect a superintendent of schools for the current municipal year, who shall have the care and supervision of said public schools under their direction, and act as secretary of their board ; they shall fix his sal- ery at the time of his election, which shall not be increased during the year for which he is elected, except by consent of said city council, and may at any time dismiss him if they deem it proper and expedient. They shall annually, as soon after the organization of their board as practica- ble, furnish to said city council an estimate in detail of the several sums required during the ensuing municipal year for the support of said public schools, and shall not increase the salaries of the superintendent and teachers, or any other expenditures, beyond the amounts specified therefor in such estimate, except by consent of said city council. No member of the committee shall receive any compensation for his services. 22. All powers, obligations and duties in regard to said public schools, not conferred and imposed upon said com- mittee by the provisions of this act, shall be and are hereby vested in the city council of said city. 23. All acts and parts of acts inconsistent with the provisions herein contained, as far as the city of Portland is concerned, are hereby repealed. GENERAL POWERS AND DUTIES OF SUPERINTENDING SCHOOL COMMITTEES. 24. Members of superintending school committees and supervisors shall be duly sworn. 25. Superintending school committees, at their first meeting shall designate by lot one of their number to hold office three years, and another two years, and certify such designation to the town clerk, to be by him recorded. The third member shall hold office one year ; and each member elected to fill the place of one whose term expires, shall hold office three years. They SCHOOLS. 435 shall fill all vacancies in their number until the next annual town meeting. Two members constitute a quo- rum ; i)ut if there is but one in office, he may fill va- cancies ; provided, however, that if the one thus remain- ing in oflEice shall decline or neglect to fill the vacancies existing in the board, the municipal officers shall fill said vacancies. The municipal officers shall fill all vacancies arising in the office of supervisor until the next annual election. DUTIES OF SUPERINTENDING SCHOOL COMMITTEES. 26. Superintending school committees shall perform the following duties : First.— They shall appoint suitable times and places ^'^hooi^Com^'' for the examination of candidates proposing to teach in r. s., 1871, c. town, and give notice thereof by posting the same in two ^^'^ ^• , ,. , . , . , 1 , , Appoint time or more public places within the town at least three weeks and place for before the time of said examination, or the publication examination for a like length of time of said notice in one or more of the county newspapers having the largest circulation in the county. They^ shall employ teachers for the several districts in the town, and notify the several school agents of the teachers employed and the compensation agreed to be paid ; and in the absence of any agreement to the con- trary, five and one-half days shall constitute the school week, and four weeks shall constitute a school month. Second. — On satisfactory evidence that a candidate possesses a good moral character, and a temper and School week disposition suitable to be an instructor of youth, they ^° ™°^ * shall examine him in reading, spelling, English grammar, Examine can- geography, history, arithmetic, book-keeping and physi- instructors, ology and other branches as they may desire to introduce Act 1873, c. 120. into public schools, and particularly in the school for which he is examined, and also as to capacity for the government thereof. ^ Prior to statute of 1870, c. 85, the power of employing teachers was vested in the district agent. 436 SCHOOLS. Give certifi- cates to teachiers. Act 1871, c. 215. Examine scliools. May dismiss teachers for sufficient cause. Third. — They^ shall give to each candidate found com- petent, a certificate that he is qualified to govern said school, and instruct in the branches above name(|, and such other branches as are necessary to be taught therein or may render valid by indorsement any graded certifi- cates issued to teachers by normal school principals, county supervisors, or state superintendent of common schools. Fourth. — ^Direct^ the general course of instruction, and select a uniform system of text books, due notice of which shall be given ; and any text-book thus introduced, shall not be changed for five years thereafter unless by a vote of the town, and any person violating the provisions hereof shall be punished by fine not exceeding five hundred dollars, to be recovered in an action of debt by any school oflScer or person aggrieved. And when said committee has made such selection of school books, they may contract, under section six, with the publishers for the purchase and delivery thereof ; make such rules as they deem effectual for their preservation and return ; or if they are kept for sale, may regulate the sale and appoint an agent to keep and sell them, fix the retail price which shall be marked on the title page of each book. Fifth. — Examine the several schools, and inquire into the regulations and discipline thereof, and the proficiency of the scholars therein, for which purpose one or more of the committee shall visit each school at least twice in summer, and twice in winter, and use their influence to secure the regular attendance at school of the youth in their town. Sixth. — After due notice and investigation,^ they shall dismiss any teacher, although having the requisite certifi- cate, who is found incapable or unfit to teach, or whose services they deem unprofitable to the school, and give 1 See R. S., 1871, c. 11, § 65. Jose v. Moulton, 37 Maine, 367; Jackson v. Hampden, 20 Maine, 37. 2 Donaliue v. Ricliards, 38 Maine, 376. 8 Jackson v. Hampden, 20 Maine, 37 supra; Jackson v. Hampden, 16 Maine, 184. SCHOOLS. 437 to said teacher a certificate of dismissal and of the reasons Give certificate therefor, a copy of which they shall retain, and immedi- in such cases, ately notify the district agent of such dismissal, which shall not deprive the teacher of compensation for previous . services. • Seventh. — Expel from a school any obstinately disobe- May expel dient and disorderly scholar, after a proper investigation gchoiars ^ of his behavior, if found necessary for the peace and use- fulness of the school, and restore him on satisfactory evidence of his repentance and amendment. Eighth. — Exclude from the public schools, if they deem May expel expedient, any person who is not vaccinated, though vaccinated, otherwise entitled by law to admission thereto. Ninth. — Direct or approve in writing the expenditure Direct expendi- of school money apportioned to inhabitants not included ^^'^^' in any district. Tenth. — Prescribe the sum, on the payment of which Prescribe sums persons of the required age resident on territory, the ju- to be paid in risdiction of which has been ceded to the United States, certain cases, included in or surrounded by a school district, shall be entitled to attend school in such district ; and when such territory adjoins two or more districts, they shall desig- nate the one where they may attend. Eleventh. — Determine what description of scholars shall May classify attend each school, classify them, and transfer them from see §§37 and 38. school to school, in districts where more than one school Samec.ofR.s. is kept at the same time, and no district committee is elected. And may authorize the admission of scholars in one district into the schools of another district. Tv:elfih. — At the annual town meetina:, they shall make To make annual report a written report of the condition of the schools for the past year, the proficiency made by the pupils, and the ^c^'^arch^iJ. success attending the modes of instruction and govern- isei. ment of the teachers ; and they shall transmit a copy thereof to the superintendent of common schools. 27. They shall annually make out a statement, contain- shall make ., - „ . ^-1 annual state- mg the following particulars : ment. First. — The amount of money raised and expended for ibid. § 55. the support of schools, designating what part is raised by Partictiiars. 438 SCHOOLS. taxes, and what part from other funds, and how such funds accrued. Second. — The number of school districts, and parts of districts in their town. Third. — The number of children between four and twenty-one years of age, belonging to their town in each district, on the first day of April preceding. . Fourth. — The number of such children who reside on islands, or in any other part of the town not in any dis- trict. Fifth. — The whole number, and the average number of scholars attending the summer schools ; the whole num- Act 1873, c. 134. her, and the average number of scholars attending the winter schools, and also the total number of different scholars attending school two weeks or more of the pre- ceding year as shall appear from teachers' registers return- able to said officers, agreeably to section sixty -three, chapter eleven of the Revised Statutes. Sixth. — The average length of the summer schools in weeks ; the average length of the winter schools in weeks ; the average length of the schools for the year. Seventh. — The number of male teachers and the num- ber of female teachers employed in the public schools during any part of the year. Eighth. — The wages of male teachers per month, and the wages of female teachers per week, exclusive of board. Ninth. — They shall give in their returns the number of scholars as they existed on the first day of April next preceding the time of making said returns, and full and complete answers to the inquiries contained in the blank forms furnished them under the provisions of law ; certify that such statement is true and correct, according to their best knowledge and belief ; and transmit it to the office of the superintendent of common schools, on or be- fore the first day of May in each year. When, by reason of removal, resignation or death, but one member of the committee remains, he shall make said returns. SCHOOLS. 439 28. "WTien school district agents are empowered by the Act 1872, c. 87. town to employ teachers before the commencement of a Agents author- - , , , 1 11 • • • ized to employ term of school, they shall give written notice to some teachers to member of the superintending school committee or to the notify school supervisor, when it is to commence, whether to be taught gchooiisto by a master or mistress, and how long it is expected to commence,&c. continue. A town at its annual meeting may empower the school district agents to employ the teachers, instead ^^Tbe ^^^^ of the superintending school committee, and when such authorized to power is so granted to said agents it shall remain in force ^'^p^*^^'- until it is otherwise ordered by a vote of the town at its annual meeting, and this act is in force when approved. 29. Each school agent shaU return to the superintend- ^^3^434^ ^g ing school committee, in the month of April, annually, a tum lists of certified list of the names and ages of all persons in his Persons from ,. . , ^ , . , 4 to 21 years district, from four to twenty-one years, as they existed on of age to s. s. the first day of said month, leaving out of said enumera- Committee, tion, all persons. coming from other places to attend any ' j' ' '^" ' college or aciidemy, or to labor in any factory, or at any manufacturing or other business. '3t). If an}" school agent neglects to return the scholars jf agent neg- of his district, the superintending school committee shall, lects, s. s. under oath, immediately make such enumeration in such ^^^^ enumer- district and be paid a reasonable sum therefor, to be aUon of schoi- taken from the amount to be apportioned to the district of ^^^' ^^^^ ^^ such delinquent agent. The superintending school commit- § 56, i876, c. U2 tee shall return to the assessors on or before the fifteenth Committee to day of May, annually, under oath, the number of scholars in of list of each school district, according to the enumeration provi- scholars in ded for in sections fifty-six, sixty and sixty-one, chapter ^^ asses'sors. eleven Revised Statutes of 1871. R. s.,i87i,c.ii, 31. If any parent, master or guardian, after notice ^^^' from the teacher of a school that a child under his care is j'™™^"^® ^ furnish books, deficient of the necessary school books, refuses or neglects if parents or to furnish such child with the books required, the super- ^^^^^^^^ intending school committee, on being notified thereof by ii,if]. §5^. the teacher, shall furnish them at the expense of the town ; and such expense may be added to the next town tax of the parent, master or guardian. 27 440 SCHOOLS. Compensation for sup. sch. com. and supervisors. Ibid. § 59. Act 1876, c. 68. Assessors or municipal oflBLcers to make sworn statement to .S,tateSupt. 32. Superintending school committees and supervisors shall be paid for their services, on satisfying the munici- pal officers that they have made the returns to the secre- tary of State required by law, one dollar and fifty cents a day and all necessary traveling expenses, and no more unless ordered by the town. 33. The assessors or municipal officers of each city, town or plantation, shall, on or before the first day of May in each year, make to the State superintendent of common schools, a certificate under oath embracing the following items : First. The amount of money voted by the town for common schools at the last preceding annual meeting. Second. The amount of school moneys payable to the town from the State treasury during the last school year, meaning by the school year, the year ending with the first day of April. Third. ^The amount of moneys actually expended for common schools during the last school year. Fourth. The amount of school moneys unexpended, whether in the town treasury or in the hands of district Duty of State Supt. in above matter. Fifth. Answers to such other inquiries as may be presented to secure a full and complete statement of school revenues and school expenditures. 34. It shall be the duty of the State superintendent of common schools to prepare and furnish to the town offi- cers such blanks as he may deem proper to secure the fiscal returns required in section one of this act. And furthermore it shall be the duty of the said superinten- dent to return to the State treasurer on the first day of July annually, a list of such towns as have made the fiscal returns required by section one of this act, and no school moneys shall be paid by the State treasurer to any town, so long as it neglects to make such fiscal returns. DUTIES AND QUALIFICATIONS OF INSTRUCTORS. 35. Every teacher of a public school shall keep a school the scholars who Teachers to keep school register. register containing the names of R. S.,1871, c. 11, 1 1 1 • §63. enter the school, their ages, the date of each scholar's all SCHOOLS. 441 enteriog and leaving, the number of days each attended, the length of the school, the teacher's wages, a list of text books used, and all other facts required by the blank form furnished under the provisions of law ; such register shall at all times be open to the inspection of the school committee, and be returned to them at the close of the school. No teacher shall be entitled to pay for his ser- Not to be paid vices, until the register of his school properly filled up, ^^^j^^T^^ completed, and signed, is deposited with the school com- , mittee or with a person designated by them to receive it. 36. The presidents, professors, and tutors of colleges, the preceptors and teachers of academies, and all other instructors of instructors of youth, in public or private institutions, siiSil colleges, &c., use their best endeavors to impress on the minds of the morality, jus- children and youth committed to their care and instruc- tice and pat- tion, the principles of morality and justice, and a sacred ° ^™' regard for truth ; love of country, humanity, and a uni- versal benevolence ; sobriety, industry, and frugality ; chastity, moderation, and temperance ; and all other virtues, which are the ornaments of human society ; and to lead those under their care, as their ages and capacities admit, into a particular understanding of the tendency of such virtues to preserve and perfect a republican consti- tution, and secure the blessings of liberty, and promote their future happiness ; and the tendency of the opposite vices to slavery, degredation, and ruin. 37. If any person,'* whether he is a scholar or not, en- ters any school-house or other place of instruction during or out of school hours, while the teacher or any pupil is t^g^^ing there, and wilfully interrupts or disturbs the teacher or schools. pupils by loud speaking, rude or indecent behavior, signs, n>id. §89.. or gestures ; or wilfully interrupts a school by prowling about the building, making noises, throwing missiles at the school-house, or in any way disturbing the school, he shall forfeit not less than two, nor more than twenty dol- lars to be recovered as provided in chapter eleven. Re- vised Statues. 38. If a minor injures or aids in injuring any school- house, out-buildings, utensils or appurtenances belonging * Stevens v. Fassett, 27 Maine, 266; State v. Leighton, 35 Maine, 195. Act of 1874, C. 165. 442 SCHOOLS. thereto : defaces the walls, benches, seats, or other parts PftTGnts or guardians of saicl buildings by marks, cuts or otherwise ; or injures liable. Qj, (destroys any property belonging to a school district, Ibid. § 90. ^^^^ district by its agent or committee, may recover of his parent or guardian, in an action of debt, double the amount of damages occasioned thereby. 39. Whoever shall deface the walls, benches, seats, blackboards, or other parts of any school-house or out- buildings belonging thereto, by making thereon obscene pictures, marks or descriptions, or by writing thereon ob- defachig^^ scene language, shall be punished by fine not exceeding school-houses, ten dollars ; and municipal and police courts and trial jus- tices shall have jurisdiction thereof on complaint made within one year after commission of the offence. , ,, , 40. If an innholder, confectioner, or keeper of a shop, Innholders and ' ' ^ _ '^ ' shopkeepers, boarding house, or livery stable, gives credit for food, &c., not to drink, or horse or carriage hire to any pupil of a college students or literary institution in violation of its rules, or without K. s., c. ii,§95. the consent of its president or other officer authorized For all general thereto by its government, he shall forfeit a sum equal to reiating^o the amount so credited, whether it has been paid or not, schools eee ,to be recovered in an action of debt by the treasurer of * '' ' * such institution, half to its use, and half to the use of the For acts reiat- town where it is located ; and no person shall be licensed ill ST to free high schools, by the municipal officers for any of said employments, if . See 1873, c. 115, it appears that within the preceding year he had given credit contrary to the provisions hereof. " In relation to '^^' ^^^^S the exercises of the public schools, shall be school exer- the reading of the constitution of the United States and cisesand ^^^ constitution of the State of Maine, as often as once examina- ' tions. in each term, by every scholar who has attained the age Resolve of Qf fourteen years, either singly or in connection with a 0.213. ' ' class, and that each scholar shall pass an examination at the close of each term, in the presence of the visiting superintending school committee or supervisor, on the first, eighth and thirteenth articles of amendments of the constitution of the United States and on article first of the constitution of Maine. And it shall be the duty of the teachers and of the superintending school committee or supervisor, in each town, to see that the requirements of the above resolve are carried into effect. SCHOOLS. 443 Ordinances. 1. The school committee are authorized to elect all school com- such instructors as they may think necessary for the ""^"^® ^ ®^®^' 'J >} *> ^ and remove public schools, and to determine the amount of their instructors, , . , . • i J. and determine respective salaries ; also to remove any instructor ^^^^^ salaries, from said schools, when in their discretion it may be *c. proper ; and generally to execute all the powers which ^^- ^^^- ^^• the selectmen of towns or school committees are authorized by the laws of this State to exercise. 2. The school committee are authorized to distribute ^ ^ To apportion the annual sum which shall be appropriated by the salaries of city council for salaries of instructors in the public as not to ^^'^'^ schools, fixing the salary of each instructor in accord- exeeedtheap- ance with the specifications of said committee on made by city which the ao^orreo^ate amount of salaries may have been council. ^'^ ^ "^ n)id. predicated, and on which the appropriations shall have been made by said city council. 3. No person who has not been vaccinated or other- ^va^Slt^d 1 . , jL ' ^ ^^ r n not pennitted Wise secured against any contagion of small pox, shall to attend pub- be permitted to attend any of the city schools. i^jid. 4. The school committee may cause any scholar of school com- any of the city schools to be vaccinated by the city ^'^e^ciSars physician, at the expense of the city ; and it shall be tobevacci- their duty to carry into effect the provisions of this expense of and the preceding section, and for that purpose to ^1^' make such rules and regulations as they may deem proper. Children be- TRUANTS . tween the ages 5. All children between the ages of six and seven- ^yenteen, teen years, residintj in the city of Portland, without required to attend school any regular and lawful occupation, growing up in unless, &c. ignorance, shall be required, unless there be some ^^- ^rd- ^^• sufficient reason to the contrary, to attend some public or private school, or suitable place of instruc- punishment tion . for not attend- 6. Every child in the city of Portland between the j/|^^^ ages of six and. seventeen years, who shall not attend 444 SCHOOLS. school, and not be engaged in any regular and lawful occupation, and growing up in ignorance, shall be punished by a fine not exceeding twenty dollars, to be recovered to the use of the city, on complaint before the^ municipal court in said Portland, or by being placed in the house of correction in said city, for such period of time as the judge of said court may deem Truant Officer expedient. tobeap- 7. The city council of the city of Portland shall pointed. n . i i Ibid, annually appomt one or more persons, who alone are Amended 1878, authorized to make the complaints as specified in this ^^^' ordinance, but durino^ the months of July and Auo^ust Duty. ' o JO such person or persons may, with the concurrence of the mayor and aldermen, be appointed to such special police duty as may be required, at such compensation as they may ^x. It shall be their duty during the session of the schools to report daily at the office of the superintendent of schools between the hours of 8 and 9 A. M, to receive the names of truants and such other information and instruction as may be necessary, and it shall be their duty to arrest all such children as are described in the first, fourth, fifth and sixth sections of this ordinance, who may be found during school hours in any of the streets, alleys, lanes, squares, or other public places of resort or amuse- ment, and to take them to such schools as they are accustomed or entitled to attend, where they shall be detained during school hours by the teacher thereof, and written ''notice of such arrest and detention shall be forthwith sent to the parent or guardian of such child by the officer by whom the arrest is made, and every child who shall have been three times thus arrested shall be proceeded against by complaint as an habitual truant. 8 See post § 10, also R. S., 1871, c. 142, § 9. Boys cannot be sent to Reform School beyond minority. SCHOOLS. 445 8. The house of coiTection connected with the alms what provided house, in the city of Portland, or State reform school, p^cesof pun- is hereby assigned and provided as the institution of ishment. instruction, house of reformation or other suitable situation, mentioned in section fourteen of chapter eleven of the revised statutes. 9. Every child in the city of Portland, between the aores of eiofht and sixteen years, who shall become an Hawtuaitru- ^ ^ ^ ' ants, how habitual truant, shall be punished by a fine not exceed- punished. ing twenty dollars, to be recovered to the use of the i^^^. city, on complaint before the municipal court of said g^^ jj g^ j^j^ Portland, or by being placed in the house of correc- c- 142, § 9. tion, in said city, or State reform school, for such period of time as the judge of said court may deem expedient. 10. Every child in the city of Portland, between the children be- ages of eight and sixteen years, who shall not attend tweentheage$ school, and not be engaged in any regular and lawful sixteen not occupation, and srowino^ up in isfnorance, shall be amending , C5 C3 1 ._. school, how punished by a fine not exceeding twenty dollars, to be punished. recovered to the use of the city, on complaint before i^^^, the municipal court, in said city, or by being placed in the house of correction in said city, or the State reform school, for such period of time as the judge pf said court may deem expedient.^ SCHOOL BUILDING SLT»ERINTEXDEXT. 11. There shall be annually elected by the city school huud- council an officer to be called the superintendent of gupe^tend- public schooj buildings at such salary as may be fixed ent. by the city council. He shall have an office in the city building and shall be in attendance at his office 1877. dunng at least two fixed hours on each secular day. ^i^- § 2. 12. He shall have the care of the public school buildings, and under the direction of the committee on public buildings, and out of the appropriation « Supra, § 7, and E. S., 1871, c. 1^, § 9, and c. 11, § 15. 446 SCHOOLS. Ibid. § 3. made therefor shall make all necessary repairs to said school buildings, making no contract therefor exceed- ing twenty-five dollars without the order of said com- mittee on public building and attend to the heating of the same and see that the janitors employed do their duty in all respects. 13. Under the direction of the schoool committee and out of the appropriations made therefor he shall attend to furnishing the schools by contract awarded to the lowest bidder with stationery and schools apparatus and ordinary school supplies needed for the use of the schools, and shall report to that committee as well as to the committee on public buildings the condition of the school buildings, and also report to the school committee such articles as are needed for the use of the schools. He shall keep separate accounts with each school of all expenditures for repairs, and also for articles furnished, and at the end of each school term he shall make inspection and shall return to the school committee an account of all property belonging to the city in each school room. 14. All bills for the care, repairs and heating of the school buildings before payment shall be approved by the committee on public buildings, and all bills for supplies and articles furnished the schools before pay- ment, shall be approved^ by the school committee, and finally both classes of bills shall be audited and approved according to law by the board of mayor and aldermen. 15. Children non-residents of Portlatid, may be admitted to the public schools of this city under such rules as the school committee may prescribe, when in the opinion of said committee it may be done with- under rules of out prejudice to the schools to which admission is school com- T • 1 mittee. Solicited, on the payment quarterly in advance to the ora.oct.5,1880. Qj^-y Treasurer of a tuition to be fixed by school com- Ibid, § 4. Non-resident children may be admitted into school SCHOOLS. 447 mittee, not less than the average cost to the city per scholar for tuition, and incidentals in schools of the same grade. Children residents of this city whose parents remove from one school district to another during school time, shall be allowed to elect which school they will attend until the next vacation. Seal of the City/ Ordinance. Seal of the city. Seal of the city. The design hereto annexed shall be the device of Rev. Ord. 1868. the citv Seal; and the motto shall be as follows, to wit: — ^^ Besurgam, SigiUum Civitatis Portlandioe." \ Where a corporation makes a contract through an agent, who puts to it a seal, it becomes, hy law, the seal of the corporation, though it is not their common seal. Porter v. A. and K. R. R. Co., 37 Maine, 349. Bonds issued by corporation, impi^essed with a seal, declared to be sealed, accepted as such, are deemed to be under the corporate seal. Woodman v. York and Cumb. R. R., 50 Maine, 549. A scroll is not a seal, McLaughlin v. Randall, 66 Maine, 226. A wafer may be a seal. State v. McNally, 34 Maine, 210. Sewers. [See chapter on "Drains axd Sewers," City Charter; also Revised Statutes, 1871, c. 16.] Side^^alks. [See title, " Streets."] Sinking Fund. Ordinances. . ^ 1. Committee on reduction of city debt. 2. Appropriations for the payment of city debt. 3. Duty of auditor. 4. Committee inay loan to city treasurer. Committee on 1. The mayor, the chairman of the board of alder- reduction of j^^j^ ^^^ ^^le president of the common council, shall city debt. . ^ . ord. July 1, ^c a Committee to be called the committee on reduc- 1861, and Rev. ^jqjj ^f j^^^q ^.^^y (Jebt, whosc dutv it shall be to cause Ord. 1868. "^ ' *^ all moneys passed to their credit in the books of the auditor of accounts, to be applied to the purchase or payment of the capital of the debt of the city, in the manner they may from time to time deem expedient ; and it shall be the duty of the auditor, and of the treasurer of the city, to conform to all orders in writ- ing in this respect, which shall be made and signed by all the members of said committee. 2. All balances of money unappropriated remaining Appropria- in the U'easury at. the end of any financial year; all tionsforpay- ^. ,-, • • i .♦ j. j • ment of city ^xcesscs 01 lucomc over the original estimated income ; <^ebt. all balances of appropriations original, or by additions ^Tamlndecf ^' I'emaining on the books of the auditor ; all receipts by Ord. March for premiums on city notes issued, all receipts in money on account of the sale of any real estate of any description now belonging or which may hereafter belong to the city excepting the sale of burial lots in See also Ord. ^^® Cemeteries of the city, all receipts on account of Aug. 7, 1878, the principal sum of any stocks, bond* or notes now 5, 1880. owned, or which may be hereafter owned by the city ; and also of the annual tax, such a sum as the city SINKING FUND. 451 council of each year shall fix and determine not less than one per cent, of the then existing city liabilities after deducting therefrom the amount of the A. & St. L. R. R. loan and the building loan ; shall be and the same hereby is appropriated to the payment or the purchase of the principal of the city debt. 3. It shall be the duty of the auditor, annually, to Duty of audi- pass to the credit of the committee on the reduction t^r. of the city debt, all receipts, the proceeds of either Rev. ord. ises. of the sources belbre mentioned, and the said amount out of the annual tax ; and the sums so passed to the credit of said committee shall be drawn from the treasury of the city for the payment, or the purchase of the capital of the city debt, in the manner before mentioned, and for no other purpose whatever. 4. The committee on the reduction of the city debt committee may are hereby authorized to lend on interest to the treas- ^^^^ urer of the city any amount so passed to their credit ibid. as aforesaid, which may not be immediately wanted for the purchase or redemption of said debt. See title "Finance." Solicitor. Ordinances. 1. City solicitor to be chosen. His qualifications. , 2. His duties. * 3. To commence and prosecute suits. To defend suits against city. ^To appear before the legislature and committees thereof. To furnish legal opinions. 4. To make annual report to city council of unfinished busi- ness. Keport to be published. City solicitor 1. In the month of March, annually, and whenever «° ^ r^ll a vacancy in the office shall occur, there shall be Rev. Ord. 1868. ^ ^ ^ ' City charter, choseu by the city council, a solicitor for the city of His quaiifica- Portland, who shall have been admitted an attorney and counsellor of the courts of the State, and he shall be removable at the pleasure of the city council. 2. It shall be the duty of said city solicitor, by himself or by some person by him duly authorized, for whose conduct, skill and faithfulness he shall be accountable, to draft all bonds, deeds, obligations, contracts, leases, conveyances, agreements, and other legal instruments of whatever nature, which may be required of him by any ordinance or order of the mayor and aldermen, or of the city council, or which by any ordinance or order may be requisite to be done and made by the city of Portland, and which by law, usage and agreement, the city is to be at the expense of drawing. To commence 3. It shall be the duty of said city solicitor to ^its!'^^^^^"'^ commence and prosecute all actions and suits to be iwd. commenced by the city, before any tribunal in this State, whether in law or equity, and also to appear and defend and advocate the rights and interests of tlons. His duties. Rev. Ord. 1868. SOLICITOR. 453 the city, or any of the officers of the city, in any suit or prosecution for any act or omission in the discharge of their official duties, wherein any estate, right, privilege, ordinances or acts of the city government, or any breach of any ordinance may be brought into question. And said solicitor shall also appear before to appear be- the legislature of this State, or any committee thereof, ^"^^^^l^^^' and there in behalf of the city, represent, answer for, committees defend and advocate the interests and welfare of said city, whenever the same may be directly or incidentally affected, whether to prosecute or defend the same ;" and he shall in all matters do all and every professional act, incident to the office, which may be required of him by the city government, or by any joint or special commit- tee thereof, or by any ordinance or order ; and he shall, ] "^ '^. ' To furnish when required, furnish the mayor and aldermen, the legai opinions. common council, or any joint or special committee of either branch thereof, and to any officer of the city goverament, who may require it in the official dis- charge of his duties, with his legal opinion on any subject touching the duties of their respective offices. 4. It shall be the duty of said city solicitor, to make an- annually, in the month of February, to report in n^ai rep^ort to writing, to the city council, all the unfinished business unfinished in his department, including the names, grounds, and ^^^*°®^^- stages of progress, of all suits pending, in which the city is a party or is interested ; with the names and results of such suits, affecting the city, as may have been decided or adjusted during the year, and such other information as to the business of his department as he may think important, or the city council may direct ; which report shall be published with the other '^ushed"^ annual reports to be made to the city council. steam. Statutes. 1. Steam Heating Co. Act of incorporation. 2. Capital stock. 3. Privileges. 4. Not to obstruct public travel. 5. Privileges after three years. 6. Management. 7. Authority of city after ten years. 8. Franchises continued. 9. Liability for obstructing streets. 10. Liability for injuries to private property. 11. First meeting. 12. Control of city. 13. When to take effect, Steam Heating 14. Rights of other parties. Co. Incorpora- tion. 1. Jacob S. Win slow, Horatio N. Jose, George F. 1880, c. 204. Holmes, William W. Thomas, junior, George P. Wes- ^?frTJ^i««o cott, Charles McCarthy, junior, Edward H. Davies, George F. Morse, their associates and successors, are hereby constituted a body politic and corporate, by the name of the Steam Heating and Power Company, and by that name shall have and enjoy all the necessary powers and privileges to effect the objects of their association, and shall be subject to such duties, liabilities and exemp- tions as are or may be provided by the general laws of this state in case of manufacturing corporations. 2. The capital stock of said company shall be not less than thirty thousand dollars, nor more than three hundred thousand dollars, and shall be divided into shares of not exceeding one hundred dollars each. Said company, having first* obtained permission of the municipal author- ities therefor, shall have power to erect, establish and March 9, 1880. Capital stock. Ibid. STEAM. 455 ft maintain in the city of Portland, suitable works for the manufacture and distribution of steam for heating pur- poses and power for manufacturing establishments. 3. The said company is hereby authorized to lay down, in and through the streets of said city, and to take up, replace and repair, all such pipes, conduits and fixtures as may be necessary for the objects of its incorporation, priviieges- first having obtained the consent of the city council therefor, and under such restrictions and regulations as said city council may see fit to prescribe ; and any obstruction in any street of said city, or taking up, or displacement of any portion of anj^ street without such consent of city council, or contrary to the rules and regu- lations that may be prescribed as aforesaid, shall be considered a nuisance, and said company shall be liable to indictment therefor, and to all the provisions of law applicable thereto ; and said company shall, in all cases, be liable to repay to said city all sums of money that said city may be obliged to pay on any judgment recovered against said city for damages occasioned by any obstruc- tions, or taking up, or displacement of any street by said company whatever, with or without the consent of the city council, together with the counsel fees and other expnsese incurred by said city in defending any suit to recover damages as aforesaid, with interest on the same, to be recovered in an action for money paid to the use of said company. 4. Whenever the company shall lay down any pipes, conduits or fixtures in any street, or make any alteration ^-^t ^^ obstiiict or repairs upon its works in any street, it shall cause the public ti-avei. same to be done with as little obstruction to the public ^^^• travel as may be practicable, and shall at its own expense, without unecessary delay cause the earth and pavement removed by them to be replaced in proper condition. It shall not be allowed, in any case, to obstruct or impair the use of the pipes and fixtures of the Portland Gas Light Company, or of the Portland Water Company, or of any public or private drain, or common sewer, or reservoir ; but said company shall have the right to cross, 28 456 STEAM. Privileges after 3 yeai IblcL 3Iauagement. Ibid. Authority to city after ten years. Ibid. or, where necessary, to change the direction of au}^ pri- vate drain in such a manner as not to obstruct or impair the use thereof, being liable for any injuiy occasioned by any such crossing or alteration to the owner thereof, or any other person, and to said city, in an actionupon the case. 5. If the said company shall be duly organized within three years from the passage of this act, and shall, within that time, have raised and expended at least ten thousand dollars for the objects of its incorporation, and shall have actually commenced the manufacture and distribution of steam, it shall then have and enjoy the franchise and privileges granted it by this act, exclusively, for the term of ten years from the date of its organization, subject to the terms and limitations hereinafter prescribed, and sub- ject to all such regulations and control as may, by law, be exercised over corporations by the judicial tribunals of this State. 6. The management of the affairs of the company, and all expenditures made for the purposes authorized by this act, shall be directed by a board of five or seven di- rectors, to be chosen, annually. 7. At the expiration of the term of ten years named in the fifth section of this act, the city of Portland shall be authorized, upon vote of the city council to that effect, to pay to said company the appraised value of its buildings, works, pipes, fixtures and other property, and upon such payment may take and hold all said property, without any right, privilege or franchise remaining to said company, and may dispose of said property in such manner as the city council shall determine. For the purpose of making the valuation aforesaid, the city council shall, within three months before the expiration of the ten years aforesaid, give notice to the company, and appoint two disinterested persons, and the company shall appoint two other disin- terested persons, to be appraisers, and the four persons so appointed shall appoint a fifth disinterested person, to be one of the appraisers. If the company shall neglect or omit, for two months after the notice aforesaid, to ap- point appraisers on its part, then the two appraisers appointed by the city council shall be authorized to make the appraisal, and the decision of the appraisers in either STEAM. 457 case shall be final. And if said company neglects or re- fuses for the space of one month after an appraisal shall have t^een made in pursuance of the provisions of this section, and after the said city shall have notified said company of its readiness to take said property at such appraisal, to deliver all its aforesaid property to said city, and to execute good and suflScient conveyances thereof, then said city may take possession of said property and hold the same as is hereinbefore provided, being respon- sible to said company to pay the appraised value afore- said ; and no sale of said property, at any time by said company, in derogation of the rights of said city herein specified, shall be valid, as against the right of the city to take said property as aforesaid. 8. If the city of Portland shall not so pay for and take Franchises the property of the company at the appraisal so made, continued, then the franchise and privileges hereby granted to said ^^^' company, shall be continued to it, and shall be held and enjoyed by it exclusively, for a further term of twenty years after the expiration of the ten years aforesaid, sub- ject to the limitation prescribed in the seventh section of this act. 9. If said company or any of its servants or officers employed in effecting the objects of the company, shall wilfully or negligently place or leave any obstruction in o^bSrucan^& any of the streets of Portland, beyond what is actually streets, necessary in constructing its works, laying down, taking i^^^- up, and repairing its pipes and fixtures, or shall wilfully or negligently omit to repair and put in proper condition any street in which the earth or pavement may have been removed by it, the company shall be subject to indict- ment therefor, in the same manner that towns are subject to indictment for bad roads, and shall be holden to pay such fines as may be imposed therefor, which fine shall be collected, applied and expended in the same manner as is provided in case of the indictment aforesaid against towns, or may be ordered to be paid into the treasury of the city. If any person shall suffer injury in his person or property, by reason of any such negligence, wilfulness or omission, he shall be entitled to recover damages of 458 STEAM. For injuring property. Ibid. First meeting. In control of city. Ibid. When take effect. &c. the company therefor, by an action on the case in any court of competent jurisdiction. 10. Nothing contained in this act shall be construed to effect or diminish the liability of said corporation for any injury to private property by depreciating the value there- of or otherwise, but said corporation shall be liable there- for, in an action on the case. 1 1 . The first meeting of said corporation may be called by a notice signed by any three of the corporators, pub- lished five days successively before the day fixed for such meeting, in any newspaper published in Portland. 12. The mayor and aldermen for the time being shall at all times have the power to regulate and control the acts and doings of said corporation, which may in any manner injuriously affect the health, property or safety of the inhabitants of the city. 13. This act shall be taken and deemed to be a public act, and shall be in force from and after its approval by the governor. 14. Nothing in this act shall be construed to affect or abridge the rights of any parties in said city now having and exercising rights similar to any of those granted by it.^ 1 For "Steam Engines," and " Steam Whistles," see Title •' Nuisances.' streets. Statutes. 1. Authority of city council over streets. Land damages. Appeal. 2. How damages may be apportioned. Act of 1872. 3. Form of notice to lot owners. Act of 1872. 4. Owner aggrieved may have assessment made by committee or jury. Act of 1877. 5. Proceeding, when no appeal, and assessment not paid. 6. Recovery of assessment by action. 7. Original location of streets to be ascertained by city engi- neer. Persons may object. 8. Obstruction of streets on public occasions. 9. Portland Gas Company may lay pipes, &c. Liability for damages. 10. Excavations near streets, how to be made; responsibili- ties. 11. Damages occasioned by raising or lowering streets. 12. Sliding and coasting on streets. 13. Townways across or under railway, how built and main- tained. 14. Towns may reinstate townways discontinued. 15. Highway may be constructed in Portland into tide waters. 16. Towns may raise money^ for bridges and ways as other taxes. 17. Ways to be kept open and in repair. 18. Ways on lines between towns. 19. Ways on lines between towns, how divided and repaired. 20. Municipal officers to assign limits to surveyors. 21. Towns shall raise money for roads, &c. 22. Person injured by defect in highway may have action, &c. 23. Not exceeding $2,000. 24. Slippery sidewalk no defect. 25. Person knowing defect and not notifying. 26. Buildings and fences existing twenty years, true bounds, &c. 27. Towns to maintain guide posts. 28. Municipal officers to erect guide posts. 29. Sidewalks, in relation to laying. 460 STREETS. Ordinances. 1. Names of streets to be continued. 2. Committee on laying out new streets to be appointed. 3. Committee to lay out, &c., new streets. To estimate damages. To repc»rt to city council. 4. Commissioner of streets to be elected. To be sworn. Compensation. May be removed. 5. Duties of commissioner. Shall not change the grade of streets, without, &c. To make contracts. To have charge of teams, &c. 6. Powers of street commissioners given to commissioner of streets. To pay damages sustained in consequence of neglect of duty, 7. Commissioner shall be acquainted with lines, &c., of streets. To remove obstructions. To perform duties prescribed by mayor and aldermen or city council. To make arrangements for supply of labor. 8. Commissioner shall discharge all bills once a month. To render account to board of aldermen. To keep account of receipts and expenditures. To present annual account. 9. To cause stone monuments to be erected when, &c. To be recorded. 10. Monuments not to be removed without, &c. Penalty. Jl. Dangerous lots of laud to be fenced. Penalty. Street commissioner shall cause lots to be fenced. 12. Streets not to be dug up, or gravel removed from, without license, &c. Penalty. 13. Street broken up shall be repaired. Penalty. 14. No drain or aqueduct to be opened or repaired without license. Penalty. 15. When license is granted to^ open a drain, &c., street to be repaired to satisfaction of commissioner. One half of street to be kept open. Railing to be kept up. To be lighted. Penalty. 16. Notice to be given of intention to build. Portion of street to be alloted. Portion allotted to be used for building materials, &c. Rubbish, &c. , to be carried away. In case of neglect, to be removed at expense of person. To be lighted. Penalties. 17. Lumber, stones, and building materials not to be placed in streets to remain over six hours. Penalty. May be removed at expense of owner. 18. Proceedings when owners refuse to remove them. To be sold at auction. 19. No person to blast rocks within fifty rods of street with- out license. Penalty. STREETS. 461 20. Persons not to play at bat and ball. Not to throw snow balls. Penalties. 21. Not to shoot with bow and arrow. Penalty. 22. Not to fly kites. Not to coast on sleds or skate. Penalty. 23. Gaming tables or devices not to be exposed in streets. No person to play at unlawful games in street. 24. No person to swim or bathe in exposed situations. Pen- alty. 25. Manure not to be taken from streets without permission. 26. Streets shall not be obstructed by moving of buildings. Building obstructing streets to be removed at expense of owner. 27. Penalties. 28. No goods or merchandise to be placed so as to project into street. Penalty. 29. Awnings may be placed. Proviso. Regulations. 30. Signs, &c., not to project into street. Penalty. 31. Making noises in the streets forbidden. 32. Grinding cutlery, &c., in the streets, forbidden, unless license. 33. Porticoes, porches, &c. , not to project into street. Penalty. 34. Cellar doors, &c. Not to remain open, unless lighted. Light to be kept at entrance. Penalties. 35. Entrance and steps to be secured with railings or chains. Light to be placed. Penalties. 36. Apertures and coal holes not to be made without license. Penalty. Not to be left open. Penalty. 37. Gratings in sidewalks not to extend more than eighteen inches. Penalties. 38. Mayor and aldermen may authorize the construction of coal holes, and gratings. Not to extend more than three feet. 39. Horses shall not be driven in streets at a faster rate than six miles an hour. Penalty. 40. Horses, cattle and swine, not to run at large. Penalty. 41. Horses or animals not to be frightened. Penalty. 42. Speed of trains in Commercial street regulated. 43. Bells of locomotives to be rung. 44. Brakemen to be attached to brakes. 45. Penalties. 46. Articles to be unloaded on southeast side of railroad track. Not to obstruct streets leading to, or passage ways. Proviso. 47. Engines, &c., not to obstruct streets or passage ways. 48. Side tracks, or turn-outs not to be laid without permit of mayor. Street commissioner to superintend the same. 462 STREETS. 49. Vessels or boats not to be made fast to sea-wall or coping: stones; not to lay so as jib-boom, &c., may project. Articles not be shipped or landed over coping stones. 50. Penalties. 51. Width of sidewalk regulated. Sidewalk may be accepted after put in repair. 52. City to maintain sidewalks relinquished. Proviso. 53. Bricks and sand to be furnished to lay sidewalks. To be laid under direction of street commissioner. 54. When city council require sidewalks to be paved. 65. City assume one-half the expense. 56. Names of streets to be recorded. Sidewnlk and descrip- tions to be entered. 57. Alteration in sidewalks. Post and trees not to be set with- out consent, &c. 58. Carriages, hand-carts, &c., not to go on sidewalks. Horses or animals not to stand upon. 59. Wood not to be sawed or split upon. 60. Persons not to stand in a group upon side or cross walks so as to obstruct, &c. Penalty. To move on. Penalty. 61. Goods not to be placed upon foot or sidewalk, to obstruct, &c. Penalty, Penalty for suffering to remain after notice. Proviso. 62. Snow to be removed from foot way or sidewalk. Penalty. 63. To apply to snow falling from buildings. 64. Ice to be removed from sidewalks, or to be covered with sand, &;c. Penalty. 65. Ice thrown into streets to be placed evenly, and to be broken into small pieces. 66. Word streets to include alleys, lanes, &c., unless, &c. 67. Provisions of preceding sections not to limit rights and duties of commissioner of streets. 68. Streets may be made on Back cove flats. 69. Amendment of first section of ordinance on buildings. 70. Encroachments on streets. 71. No new grades fixed or old ones changed, except by vote of city council. Of petitions for grades. Notice. 72. Committee to submit plans and estimates for paving. 73. Numbering streets. 74. Number for every lot. 75. Plan. 76. Street monuments. 77. Streets must be kept cjear of obstructions by pei*son occu- pying. 78. Opening streets where gas or water pipes are laid. 79. Excavations near streets. 80. Further duties of Street Commissioner. 81. To protect public grounds. STREETS. 463 82. Street lamps, penalty for lighting or extinguishing. 83. Lamp posts, located and existing. 84. Lamp posts how to be located. 85. Lamp posts how taken to be established. 86. Lamp posts. Becord. REGULATIOXS RESPECTING GAS PIPES IN STREETS. 1. Company to give notice to the commissioner of streets of commencement of work. Of completion. Street com- missioner to examine the same. 2. Streets not to be dug up, &c., without consent of mayor and aldermen. Penalties. Streets not to be dug up, &c., before pipes are ready to be laid down. 3. Liability of company for damages. 4. Trenches made, fenced and lighted. 5. Work to be done with convenient despatch. Streets to be repaired. Materials, rubbish, &c., to be removed. Company to repair streets to satisfaction of commis- sioner. In case of refusal, to be repaired at expense of company. 6. Restrictions respecting pipes laid in contact vrith drains or sewers. Course of drains, &c., may be changed. Statutes. 1 . The city council shall have exclusive authority^ to Authority of lay out, widen or otherwise alter, or discontinue any and ^^^ council over Btxccts* all streets or public ways in the city of Portland, without petition therefor, and as far as extreme low water mark ; city charter, and to estimate all damage sustained by the owners of i^es, § 9. land taken for that purpose ; but all locations below high water mark shall be subject to the provisions of the laws relating to the commissioners of Portland harbor. A joint standing committee of the two boards shall be appointed, whose duty it shall be to lay out, alter, widen or discontinue any street or way in said cit^, first giving 1 By this section the city council liave all the powers to locate and alter treets which by general law is conferred upon the inhabitants and selectmen of towns. The location of a street is not an act of appropriation of money and it is not necessary to be approved by mayor. Committee on laying out streets have certain powers of city council.. Preble v. Portland, 45 Maine, 241 ; .Jones v. Portland, 57 Maine, 42. As to general powers of city council In laying out a new street, under similar statutes in Mass., see Brimmer v. Boston, 102 Mass., 19; Harrington v. Harrington, 1 Met., 404; Common- wealth V. B. & L. R., 12 Cush., 254; Westport v. Bristol, 9 Allen, 203; John- son v. Wyraan, 9 Gray, 186. 464 STREETS. notice of the time and place of their proceedings to all parties interested, by an advertisement in two daily papers printed in Portland, for one week at least previous to the time appointed. The committee shall first hear all parties interested, and then determine and adjudge whether the public convenience requires such street or way to be laid out, altered or discontinued ; and shall make a written return of their proceedings, signed by a majority of them, containing the bounds and des- criptions of the street or way, if laid out or altered, and the names of the owners of the land taken, when known, and the damages allowed therefor ; the return shall be filed in the city clerk's office at least seven days previous to its acceptance b}^ the city council. The street or way shall not be altered or established until the report is accepted by the city council, and the report shall not be altered or amended before its acceptance. A street or way shall not be discontinued by the city council, except- Land damages. . ^ , ^ «..-..« r^. But see new i^^g upon the report of said committee. ^ The committee provisions of shall estimate and report the damages sustained by the 5 and 6. ' ' ' <^wners of the lands adjoining that portion of the street or way which is so discontinued ; their report shall be filed with the city clerk seven days at least before its acceptance. Any person aggrieved by the decision or judgment of the city council in establishing, altering, or discontinuing streets, may, so far as relates to damages, appeal therefrom to the next court having jurisdiction thereof, in the county of Cumberland, which court shall determine the same by a committee or reference under a rule of court, if the parties agree, or by a verdict of its jury, and shall render judgment and issue execution for the damages recovered, with costs to the party pre- vailing in the appeal.^ Such appeal shall be made to the term of the supreme judicial court, which shall first be holden in the county of Cumberland, more than thirty days from and after the day the street is finally estab- lished, altered or discontinued, excluding the day of 2 See R. S., 1871, c. 18, § 1, contained in § 8, post. 3 See R. S., 1871, c. 18, § 9. STREETS. 465 commencement of the session of said court. The appel- Appeal, lants shall serve written notice of such appeal upon the mayor or city clerk, fourteen days at least before the session of the court, and shall at the first term file a com- plaint setting forth substantially the facts of the case. On the trial, exceptions may be taken to the rulings of the court, as in other cases. Co-tenants who are appel- lants shall join in their appeal or shall not recover their costs. If a street or way is discontinued before the damages are paid or recovered for the land taken, the land owner shall not be entitled to recover such damages but the committee in their report discontinuing the same, shall estimate and include all the damages sustained by the laud owner, including those caused by the original location of the streets ; and in such cases, if an appeal has been regularly taken, the appellant shall recover his costs. The city shall not be compelled to construct or open any street or way thus hereafter established, until in the opinion of the city council the public good requires it to be done ; nor shall the city interfere with the posses- sion of the land so taken by removing therefrom materials or otherwise, until they decide to open and construct said street. The city council may regulate the height and width of sidewalks in any public square, places, streets, lanes or alleys in said city ; and may authorize posts and trees to be placed along the edge of side walks. Nor shall the city be answerable for damages occasioned by telegraph poles and wires erected in its streets. 2. Whenever the city council of any in this State shall How damages lay out any new street or public way, or widen or other- joying om wise alter or discontinue any street or way in such city, or widening and shall estimate and decide that any person or persons ^ppo^n^d^ or corporations have or will sustain any damage^ thereby. Act 1872, c. 26. * The damages awarded are sucii damages as arise from a proper construc- tion of the way, Jackson v. Portland, 63 Maine, 55. Such damages must be assessed as a whole. Ford v. Co. Commissioners, 64 Maine, 408; Mussey v. Gaboon, 34 Maine, 64 ; Hicks v. Ward, 69 Maine, 436. For discussion of whole subject see Dillon on Mun. Corporations, § 483, et seq. The appropriation of land to public use is one of the highest acts of sovereign power and should be accomplished only by clear, explicit language. Glover v. Boston, 14 Gray, 282. See also cases cited in § 1, supra. 466 STREETS. and the amount thereof to each in the manner that now is or may be provided by law, it shall be lawful for said city council to apportion the damages so estimated and allowed, or such part thereof as to them may seem just, upon the lots or parcels of land adjacent to and bounded on such street or way, and not those lots for which damages are allowed, in such proportions as in their opinion such lots or parcels of land are benefitted or made more valuable by such laying out or widening or otherwise altering or discontinuing of such street or way ; provided, however, that the whole assessment so made shall not exceed the damages so allowed. And that before such assessment, shall be made, notice shall be given to all persons inter- ested to appear before said citj^ council, at a time and place specified, if they shall see cause, to be heard upon the subject-matter, which notice shall be published in some newspaper in said city at least one week before said time of hearing. 3. After said assessment shall be made upon such lots or parcels, and the amount fixed upon each, the sam.e shall be recorded by the city clerk, and notice shall be lots assessed, given within thirty days after the assessment to each Ibid. owner and proprietor of said lots and parcels, by deliv- ering to each of such owners resident in said city a certi- fied copy of such recorded assessment, or by leaving such copy at his last and usual place of abode, and by publishing the same three weeks successively in some newspaper published in said city, the first publication to be within said thirty days, and said city clerk within said thirty days shall deposit m the post ofiice of said city, postage paid, a certified copy of such assessment directed to each of such owners or proprietors residing out of said city, whose place of residence may be known to said clerk, and the certificate of said clerk duly made shall be deemed and taken to be suflScient evidence of these facts, and the registry of deeds for each county in the State, as the case may be, shall be the evidence of title in allowing or assessing damages and improvements under this act, so far as notice is concerned. Form of notice to owners of STREETS. 467 4. Any owner or proprietor, as aforesaid aggrieved by owner reason of the sum so assessed upon his lot or parcel of aggrieved . . -. . may have the land, may, at any time withm six months after such as- assessment sessnient, have the same assessed by a committee or jury,^ made by a as now provided by law for the estimate of damages for ^^^ land taken for laying out, altering, widening ordiscontin- 1877,0.172. uing any new street or public way in either of said cities ; and if, upon appeal, such owner or proprietor shall fail to be assessed a smaller sum than that assessed by the city council, then said city shall recover costs after appeal, which shall be added to and become part of said assess- ment ; otherwise, the appellant shall recover costs after said appeal, and the clerk of the courts for the county as the case may be, within thirty days after final judgment, in case of appeal, certify such judgment to the clerk of said city, as the case may be. . 5. In case the sums so assessed by said city council upon Proceedings such lots or parcels of land shall not be paid to the city nid. each offence, and a like penalty for each day that the said portico, porch, door, window, or step, shall be continued as aforesaid after notice to remove the same from the mayor and aldermen, or some person by them authorized. 34. It shall not be lawful to construct or to con- Cellar doors, tmue to mamtam any cellar door or cellar door-way, &c. in any sidewalk, or projecting into any street, for the ibw. purpose of being kept open as a common entrance, except as herein provided. No occupant or other per- son having the care of any building, shall suffer any cellar door, or cellar doorway, connected with such building, projects into any street to remain open, or the platform thereof to be removed more than fifteen ^^ ^ ^ *■ Not to remain minutes during any part of the night time, or for more open unless than two hours in the whole during the day time, unless duly licensed so to do by the mayor and aldermen, and in all cases whenever any such cellar door or door- way shall be open in the night time as aforesaid, a good and sufficient light shall be kept at the entrance of such door or dooi'way. Every per- son offending against any of the provisions of this ^^fentranc? section shall forfeit and pay a penalty of not less than /? 1 1 n "i 1 «. Penalties. nve nor more than twenty dollars for each offence* 35. Every entrance or flight of steps descending immediately from any street, into any cellar or base- ment story of any building, where such entrance or steps to be se- flight of steps shall not be safely and securely covered, ^^^^ ^'^^^ shall be enclosed with a railing on each side, penna- chains. Ibid. 30 Light to be placed. Penalties. 4gg STREETS. nentlyput up, at least three feet high from the top of the sidewalk or pavement, together with either a gate to open inwardly, or two iron chains across the front of the entrance way, one near the top and the other half way to the top of the railing ; and such gate or chains shall, unless there be a light over the steps to prevent accidents, be closed during the night. And any person who shall be guilty of a violation of any of the provisions of this section, shall he liable to a penalty of not less than five, nor more than twenty dollars, and a like penalty for each and every day during which such violation continues, which penalty may be recovered of the owner, occupant or other person having charge of such building. Apertures and 36. Xo persou shall make, or cause to be made, rbe^made"^' any aperture in or under any street or sidewalk, for without the purpose of constructing coal-holes, or receptacles for any other article, or for light or air, or for an entrance or for any other purpose, extending more than eighteen inches into the street, without the license of the mayor and aldermen, under a penalty Penait}-. of uot Icss than two nor more than twenty dollars for each ofiense, and a like penalty for every day the same shall remain after notice to securely fill up and close the same, given by the mayor, or city mar- shal, or deputy mashal ; and no person shall leave PiOt to DC 16xt open. such coal holc or other aperture open or unfastened after sunset, nor in the day time unless w^hile actually in use, with a person or persons by the same, under a penalty of not less than two nor more than ten dol- lars for each offence. Gratings in 37. No persou shall affix or place, or cause to be sidewalks not /c j i i ... ; , to extend atlixea or placed, or contmue m any street or side- more than walk, any grating, extendino^ more than eio-hteen eighteen in- . i . , ches. mches mto the street, without the license of the Penalties. mayor and aldermen, under a penalty of not less than ^^^^- two nor more than twenty dollars for each offense, Penalty, STREETS. 489 and a like penalty for every week the same shall remain after notice to remove the same given by the mayor, city marshal, or deputy marshal. 38. The mayor find aldermen, upon application Mayor ami therefor, may authorize the construction of coal-holes auth^ze ^e^ or apertures for the purposes herein before mentioned, construction , . 1 /. 1 1 .1 of coal holes and gratmgs therefor, to extend more than eighteen and giatings. inches into the street, in such manner as they deem i'^^'^- suitable, and under the direction of the commissioner of streets, or some person by him authorized, at the expense of the applicant ; and they may also author- ize the continuance of any arratino^ already constructed, •^ *= * / Not to extend provided that in no case shall any grating be author- more than ized to extend more than three feet into the street. ^^^^' *®®*' 39. No person having for the time being the care Horses shaii n 1 J.1 1 J. !• 1 1 • not be driven or use ot any horse or other beast oi burden, carriage in street at a or draught, shall ride or drive or cause the same to ^^^'^^ ^'^^e . than six miles be driven through any part or the city at a taster rate an hour. than six miles an hour, under a penalty of not less n>id- than five dollars nor more than twenty dollars for Penalty. each offence. 40. No owner or person having the charge of any Horses, cattle horse, kine, swine, sheep, goat, or other grazing animal, ^^^^ swine not shall turn into nor permit the same to go at large in lar^ any street, or public place, under a penalty of not ujid. less than five dollars nor more than twenty dollars for Penalty, each offence. 41. No person shall, within any of the streets, Horses or ani- ^ I *' ^ ' malsnottobe alleys, squares, or public places of the city, by means frightened. of any words, noises, gestures, or any other act, ™^^- wantonly frighten or drive any horse, or other animal ^®°^^^' under a penalty of not less than five dollars nor more than twenty dollars for each offence. 490 STREETS. COMMERCIAL STREET. 19 42. No railroad engine, car or cars, whether sepa- rately, or in connection with any train, shall be allowed '^mcomLmS ^^ P'"^^^ ^^ ^^ ^^^^ ^^y P^^* ^^ Commercial street, in street reguiat- this city, at a speed exceeding the rate of six miles Ibid P®^ hour. And all railroad corporations are hereby restricted and prohibited from passing on or over said street, with any locomotive engine, or car, or cars, as aforesaid, at a speed exceeding the rate aforesaid. Bells of loco- 43. Every railroad corporation shall cause the bell mo n^es o e ^^ ^^^^ locomotivc engine to be rung, and kept ring- ibid. ing, during the w^hole time of its passing on or over said street except when, to prevent accident, it may be necessary to break up or stop, in Avhich case notice thereof shall be given by the steam whistle. 19 Fpr laying out of Commercial Street, see city records, book 7, page 210. The important contract of the city with the Atlantic and St. Lawrence Rail- road Company, dated April 1, 1850, is recorded city recoi'ds, book 7, page 245 et seq. The following is the order of city council, Nov. 7, 1850, laying out twenty-six feet on water side of center of said street for the benefit of the Railroad. In Board of Mayor and Aldennen. i Nov. 7, 1850. \ Whereas, by a contract entered into between the city of Portland and the Atlantic and St. Lawrence Railroad Company, on the first day of April, 1850, for the consti-uction of Commercial street and for other purposes, it is pro- vided that said Railroad Company shall have the right to use and improve the space of twenty-six feet in width of the whole length of said Comniercial street, and of any street now established or that may hereafter be established in connection therewith for the purpose of laying down and using a double railroad track and running trains thereon from the depot of said railroad company on India street to the depot of the Portland, Saco and Poits- mouth Railroad Company on Canal street, and for other purposes, and fur- ther that said tAventy-six feet shall be located in the center of said sti-eet, or on the water side thei'eof as said city may direct, except where it may become necessary to make curves for the purpose of reaching or improving any depots now made or that hereafter be made at the termini aforesaid, or on the line of said street. Therefore ordered :— That said twenty-six feet be located on the water side of the center of said sti'eet except where it may become necessaiy to make curves for the purpose of reaching depots now made or to be made ; and at those points to be so located as shall best accommodate said Railroad Company and as said company may detenuine. Read and passed, and sent dovra for concurrence. Read and passed in concurrence. Attest: Wm. Boyd, Clerk. A true copy. City records, vol. 7, page 244. STREETS. 491 44. Every railroad corporation shall cause a suita- Brakemento ble number of brakemen to be attached to the brakes ^rakes?^^^ *^ of the several cars, and shall cause all such brakemen iwci. to attend to, and promptly perform their appropriate duties, at their respective brakes, and to continue at said brakes while passing in said street. 45. If any railroad corporation, or their agents or servants, shall neglect or refuse to comply with any or either of the provisions contained in the three ^ ^ Penalties. preceding sections, such corporation shall forfeit for every such neglect or refusal the sum of fifty dollars to the use of the city. 46. All articles brouo^ht by railroad to be landed in Articles to be /-I • 1 n 1 111 1 unloaded on Commercial street shall be landed on the south side southeast side of the railroad track, and any article landed in the of railroad street, either from or for the purpose of being loaded upon the cars, shall be so placed as not to obstruct Not to obstruct . . . ^ . 1 , streets leading any street crossing on Commercial street or connect- to, or passage ing with it, and so as to leave a clear space not less ^^^®- than fourteen feet in length, from the coping stone, and shall not be allowed to remain in the street over six working hours after they are landed. Provided, Proviso. however, that cars may be unloaded in stores, and ibia. as amend- 1 -I 1 J? ed by Ord. loaded from stores, on the northwesterly side of said Aug.27, i869. railroad track, after four o'clock in the evening. 47. Xo railroad engine, tender, or car, whether separately or in a train, shall be allowed to stop on . , . ^ Engines, &c.. Commercial street, in such a manner as to obstruct any not toobstx-uct , , • /^ • 1 . , streets or pas- street or passage way crossing Commercial street, or gage ways, connected with it, nor to remain standing on any part Rev. Ord. ises. of the street any longer time than is actually neces- sary for unloading or taking in the freight of such car or train. 48. No side track or turn-out shall be laid in Com- ^tuJn^u'tsnot mercial street, except by permission from the mayor witifoutper- in writing, and under such restrictions in regard to ^l^^^ °'^^°'' 492 STREETS. Street commis- sioner to su- perintend the same. Vessels or boats not to be made fast to sea wall or coping stones. Ibid. Not to lay so as jib-boom, &c. may project. Articles not to be shipped or landed over coping stones. its construction as he may prescribe ; and whenever such permission is granted, it shall be the duty of the street commissioner to superintend the work, and he shall be authorized and required immediately to remove any side-track or turn-out laid or maintained in violation of this section. 49. No vessel or boat of any description shall be allowed to be made fast to the sea-wall or coping- stone, or any other part of Commercial street, nor lay at the head of any dock along said street, so that the jib-boom or bow-sprit, or any other fixture of the vessel or boat shall project over the line of the the street, so as to obstruct the passage way, nor shall any article be landed from, or be shipped on board any vessel or boat, on or over the coping-stone of said street. 50. Any person, or corporation, master, or owner of any vessel or boat, violating any of the provisions of the four precedmg sections, shall incur a penalty to the use of the city, of not less than five nor more than twenty dollars, according to the nature and degree of the offence. SIDE WALKS. 20 51. The joint standing committee on highways, sidewalks and bridges, are hereby empowered so to regulate the width and height of the sidewalks of any of the streets, as shall, in their judgment, be most conducive to the convenience and interest of the city, and the city council may accept such sidewalks, after Sidewalks may ^^q game shall be put in o^ood and perfect repair by be accepted jr & f i j after put in the abutters on such streets, and after the same shall be relinquished in writing to the said city, by sucn abutters. 52. After such relinquishment and acceptance, such sidewalks shall be maintained at the expense of the Penalties. Ibid, Width of side walks regu- lated. Ibid. repair. See § 29 of statutes, this title, supra. STREETS. 493 city, provided that when any sidewalk shall require citytomain- /. -\ 1} 1. • i.^ n 1 tain sidewalks repair, m consequence of any detect m the cellar door, relinquished. curb, step or steps, cellar window, coal-hole, cellar Proviso. wall, or from any other cause, within the control of ^^^'^* the owner or occupant of the estate to which such sidewalks adjoin, then and in that case such repairs shall be made at the expense of the owner or occupant. 53. The commissioner of streets is authorized, Bricks and whenever approved of by the committee on highways, furnished to &c. to furnish at the expense of the city, good bricks ^^^ s^^®- and sand at the rate of five and one-half bricks for ^^^^^ ^nd everv superficial square foot of sidewalk, to any owner amendment or occupant of any estate, adjommg which a side- walk is necessary ; and in cases where bricks are thus '^^ r thrdirec^ furnished, the sidewalk shall be laid down under the tion of street direction of the commissioner of streets, and in all co^^^sioner. cases the person to whom the bricks are thus fur- nished, shall pay the expense of setting the curb stone, and for laying the bricks, and shall furnish such curb stone as shall be approved by the commissioner of streets, subject in all cases to the following specifica- tions : Each and every stone to be of first rate quality of specifications, granite, and to be at least six inches wide on top, not less than six feet long, and of uniform depth, not less than eighteen inches, and to be straight lined, without wind, and free from bunches or depressions ; to be peen-hammered on top, and three inches down on the back ; the front to be pointed down not less than twelve inches, and the ends squared and jointed the whole depth of the stone. 54. Whenever the city council may require the when city sidewalk or foot way in front of any lot of ground, council re- fronting on any street or way, in the city of Portland, walks to be to be paved, it shall be the duty of the commissioner p*^^^ 494 STREETS. Ord. June 2, 1863. City assume one-half the expense. Ibid. Names of streets to be recorded. Rev. Ord. 1865. Sidewalks and description to be entered. Alteration In sidewalks. Ibid. Post and trees not to be set without con- sent, &c. Carriages.hand carts, &c. not to go on side- walks. Ibid. Horses or ani- mals not to stand upon. of streets to notify the owner or tenant of such lot, in writing, of such requirement. And if the owner of such lot shall refuse, or neglect to pave the same as aforesaid, to the satisfaction and approval of the committee on streets, for the space of twenty days after notice as aforesaid, it shall be the duty of said commissioner to pave such sidewalk or footway in such manner as said committee may direct. 55. The city council shall assume one-half part of the cost or expense of paving the sidewalks or foot- ways of the streets of said city, as provided for in the preceding section, said cost or expense to be esti- mated and determined by the committee on streets ; and the city will cause said proportion of the cost or expense of said sidewalk or footway to be paid in money or materials, as the committee on streets shall determine and elect. I 56 The city clerk shall keep a book in which the names of the streets shall be alphabetically arranged, and in which all the sidewalks which now are, or may hereafter be accepted as aforesaid, shall be entered with the date of such acceptance, the length and width of each sidewalk, and the names of the owner or, owners of the adjoining estates. 57. No person shall make any alteration in any sidewalk, or set any posts or trees on any of the side- walks or in any part of the street, without the consent of the mayor and aldermen, or some person by them authorized under a penalty of not less than five nor more than twenty dollars for each ofience. 58. No person shall drive, wheel or draw, any coach, caii:, hand-cart, hand-barrow, or other car- riage of burthen or pleasure, except children's hand carriages, and drawn by hand ; or drive or permit any horse or other animal under his care to go or stand upon any foot-path or sidewalk in the city, under a STREETS. . 495 penalty of not less than five nor more than twenty dollars. 59. Xo person shall saw or split any firewood upon any footwalk or sidewalk of any street, nor place the ^^ ssivrea or same thereon, and no person shall stand on any such sput upon, foot or sidewalk, with a woodsaw or horse, so as to obstruct a free passage for foot passengers, under a penalty of not less than one nor more than twenty dollars. 60. Three or more persons shall not stand in a Persons not to stand in a gi'oup, or near to each other, on any sidewalk or group upon crosswalk or in any street or public way in such a ^^^^f^^^ ^^o^^- •^ L J walks, so as manner as to obstruct a free passage thereon or there- to obstruct. in, after a request from any person to make way, imder a penalty of not less than two nor more than Penalty, ten dollars. And if three or more persons, standing in a gi-oup or near to each other, on any sidewalk or crosswalk, or in any street or public way in this city, so as to obstruct the walk, street, or way in any man- ner, shall refuse or neglect to pass on immediately, ^^™°^®°°- on being directed so to do by the mayor, any alder- man, city marshal or deputy, or any policeman, con- stable, or watchman, they shall each and severally be liable to a fine of not less than five nor more than ^®°*^*y' ^fty dollars. And if any persons shall be found ord. May i8, standino^ in orroups of three or more persons, on any i^^' ...?., \ .. Kev. Ord. 1868. Sidewalk or crosswalk, or on any street or public way in this city, after having been once directed to pass on by the mayor, any alderman, city marshal or deputy, or any policeman, constable or watchman, he shall be liable to a fine of not less than ^ve nor more than twenty dollars for each offence. 61. Xo person shall place or cause to be placed upon any foot path or sidewalk in the city, any ^""pfa^dup- lumber, iron, coal, trunk, bale, box, crate, cask, on foot or package, or ai-ticle or thing whatsoever, so as to obstruct. &c. 496 STREETS^ Penalty. Penalty for suflfering to remain after notice. Ibid. Proviso. Snow to be re- moved from footway or sidewalk. Penalty. Ibid. And Ord. Jan. 22, 1857. obstruct a free passage for foot passengers, for more than ten minutes, under a penalty of not less than three nor more than twenty dollars ; and if such person shall suffer such obstruction to foot passengers to remain more than one hour after it is first placed there, or more than ten minutes after notice to remove the same, given by the city marshal, deputy marshal or any police oflScer, the person or persons so offend- ing shall be liable to a penalty of not less than five nor more than ten dollars for every such offence ; and for each and every hour thereafter, that the same shall be suffered to remain, the person or persons so offend- ing shall be liable to a penalty of not less than five nor more than ten dollars. Provided, that nothing contained in this section shall be deemed to extend to such goods, wares or merchandise as shall in con- formity with such rules, regulations and orders, as shall be made by the mayor and aldermen upon the subject, be placed in any street, alley, square, or place, for the purpose of being sold at public auction. 62. The^i tenant or occupant, and in case there should be no tenant, the owner, or any person having the care of any building or lot of land bordering not more than one hundred and fifty feet on any street, lane, court, square, or public place within the city, where there is any foot way or sidewalk, shall, after the ceasing to fall of any snow, if in the day time within three hours, and if in the night time, before ten o'clock of the forenoon succeedins:, cause such snow to be removed from such foot way or sidewalk, and, in default thereof, shall forfeit and pay a sum not less than two dollars, nor more than ten dollars ; and for each and every hour thereafter that the same 21 The owner of a building is liable for injuries resulting from obstructions caused by himself in the adjoining sidewalk, but not for iujuries from de- fects in the sidewalk. Kirby v. Boylston, Market Asso'. 14 Gray, 249. Simi- lar ordinance pronounced constitutional and construed; Goddard, petitioner , 16 Pick. 504; 97 Mass. 562; 101 Mass. 251. STREETS. 497 shall remain on such footway or sidewalk, such tenant, occupant, owner or other person, shall forfeit and pay a sum not less than one dollar, nor more than ten dollars. And if such building or lot should extend more than one hundred and fifty feet, on any street or land, it shall be the duty of such tenant or occu- pant, owner or other person, to remove such snow from the footway or sidewalk for the space of one hundred and fifty feet, according to the provisions and subject to the penalties aforesaid. 63. The provisions of the preceding section shall l^ombSS^ also apply to the falling of snoAv from any building. J°^^' 64. Whenever the sidewalk, or any part thereof j^^ ^^ ^^ ^.^ adjoining any building or lot of land on any street, moved from 1111 1 I'l* -ini IT /• sidewalks, or shall be encumbered with ice, it shall be the duty of to be covered the occupant, and in case there is no occupant, the ^^*^ ^"^' *^' owner, or any person having the care of such building or lot, to cause such sidewalk to be made safe and convenient, by removing the ice therefrom, or by covering the same with sand or some other suitable substance ; and in case such owner or occupant, or other person, shall neglect so to do, for the space of six hours during the day time, he shall forfeit and pay not less than two nor more than five dollars, and a like sum for every day that the same shall continue so encumbered. 65. Every person who shall lay, thi-ow, or place, ice thrown mto or cause to be laid, thrown or phiced, any ice or snow streets to be into any street within the city, shall cause the same and to be to be broken into small pieces, and spread evenlv on ^^okeninto A ' 1 ./ small pieces. the surface of such street, and in default thereof shall j^^^j be liable to a penalty of not less than two dollars, nor more than five dollars for every ofience. Q(^. Whenever the word street or streets is men- word streets to tioned in this or any other ordinance, it shall be lane^l^"^^'' understood as including alleys, lanes, courts, public unless, &c. squares, and public places, and it shall also be ^d. Penalty. Ibid. 498 STREETS. understood as including the sidewalks, unless the contrary is expressed, or such construction would be inconsistent with the manifest intent of the city council. Provisions of gy^ ^hc forc^oiu^ provisions shall not be taken or preceding sec- , -,.... jii i«ij. tions not to coustrucd as limitnig m any manner the legal rights limit rigiits J duties of the commissioner of streets to make and duties of street com- any alterations and repairs in the streets, which he may missioner. ^^^^ ^^^ Safety and convenience of the inhabitants to require. [See city charter, section 23.] STREETS ON BACK COVE FLATS. 68. The city council upon the petition of the proprietors of Back Cove flats, will accept and lay flats. out any necessary and desirable streets of suitable ^'^Q^^'^'^ courses and widths in said Back Cove, from Tukey's ord. 1868. bridge to Deering's bridge, and from the shore line to the line of the harbor commissioners, over flats now or hereafter filled up by said proprietors ; provided, that said streets shall be filled to such a grade as may be established from time to time by the city, and are properly protected by solid filling or grebble walls ; dindi provided, that in all such cases the city shall not be called upon to pay a compensation exceeding four cents per superficial foot of the filling of said streets, which is to be accepted by said proprietors for cost of filling and for damages ; and also provided, that the committee on laying out and widening streets shall decide that the interests and convenience of the city require such streets to be so accepted and laid out. Of streets on Back Cove LINES AND GRADES OF STREETS. Amendment of first section of ^^* The first scctiou of the Ordinance ou buildings Ord. on build- is SO amended, that the notice therein provided, shall Ord.^March 24, ^^ given to the city engineer instead of the mayor 1862. and aldermen ; and the same is further amended, so 1868. that, on request, the city engineer shall give the party STREETS. 499 SO notifying, the line and grade of the street, without fee. 70. It shall be the duty of the city marshal, street 1 ., . , . i.* X xi. Encroach- commissioner and city engineer, to give notice to the ^^^^^^3 ^^ mayor, of all encroachments made or threatened, streets. upon the streets and other public places in the city, ^^^^' or upon the property of the city, forthwith upon obtaining information thereof, and the mayor shall cause the provisions of this ordinance to be enforced against all persons violating the same. 71. Hereafter, no new grade shall be fixed for any no new grades street, and no old ffrade shall be chano^ed, except by fi^edoroid ° o ' JT ^ ones changed, vote of the city council. All petitions, orders, and except by vote other propositions for new grades, or changes of ^^^^^'^ ^**^°' grades, shall be referred to some committee, who shall ibid. investigate the case, hear all parties interested, first of petitions for giving all said parties notice of said hearing by adver- grades. tising in one of the newspapers of this city, and shall ^^^^' report thereon to the city council. Said report shall in all cases be accompanied by the written opinion of the city engineer on the proposed action, and shall be subject to such action as to the city council seems proper. 72. In all cases, before paving streets or portions committee to thereof not paved, the committee on highways, side- submit plana walks and bridges shall submit their plans and forplviTg/* estimates for such proposed paving to the city council njid. for approval. This ordinance does not apply to the paving of gutters and side drains. 73. The building and lots on all streets, that may be hereafter laid out, those already laid out but not street! ^^ numbered, and any street already laid out, two-thirds ord.Dec.n, 1868 of the legal voters occupants of the same petitioning therefor, shall be numbered in the following manner : On the streets that run lengthwise of the city territory, beginning at the north easterly termination, with numbers one and two, and progressing south 500 STREETS. Number for every lot. Ibid. Plan. Ibid. Street monu- ments. Ord. June 21, westerly, with the odd numbers on the north westerly side of the street, and the even numbers- on the opposite side ; and on the transverse streets beginning with numbers one and two on the south westerly or harbor side, with the odd numbers on the north east- erly side of the street, and the even numbers on the opposite side. 74. There shall- be a number for every lot not exceeding twenty-five feet of land fronting on a street, and a number for every additional twenty feet or fraction thereof, excepting that on those streets that are compactly built up, a number shall be assigned for each and every door, and to adjoining vacant lots proportionally ; and corner lots shall be numbered on both streets. 75. The board of mayor and aldermen may require the city civil engineer, or they may employ some competent person to make a plain skeleton plan of each street, designating the numbers and dimensions of all the lots, with the names of the owners thereon, on a scale of not less than one inch for every fifty feet, which plan shall be kept- in the office of the civil engineer for reference. 76. The city engineer when required, shall take the angles contained between different street lines, and make a record of the same, as the true lines of the streets, and these angles shall all have reference to a given base line. He shall cause monuments Avhich shall not be less than five feet in length, in the centre of the top of which shall be a copper bolt, one-half an inch in diameter, and four inches deep ; the centre of the bolt shall be placed at the intersection of lines parallel to, and three feet distant from the lines of the street, at the angle as well as at the point of inter- section. The tops of the monuments when practicable, shall be set to the o^rade of the sidewalk. STREETS. 501 It shall be the duty of the commissioners of streets to put down such monuments when required to do so by the, said engineer. All ordinances and parts of ordinances inconsistent with this ordinance are hereby repealed ; provided that all monuments so erected shall be duly recorded, and no person shall remove or cause to be removed, any such monuments, without the consent in writing of the mayor and aldermen first obtained, under a penalty of twenty-five dollars for each offence. 77. Whenever any permit is granted to occupy ^^^ ^ any portion of any street, it shall be the duty of the kept clear of holder of the permit t6 keep the oTitter clear of ob- ^ structions *^ . ' ^y persons structions, unless for sufficient cause the mayor or who have street commissioner shall allow him to enclose it, ^^^^^^ ' occupy. giving him therefor a written permit, in which case Ord.juiyw, he shall build and maintain a temporary plank walk, ^^' not less than three feet in width, around the portion of the street occupied, the same to be to the satisfac- tion of the street commissioner, and not to extend outside of the portion of the street allotted in his permit. Any person violating the provisions of this ordinance shall suffer the penalties prescribed in sec- tion sixteen (16) of the "ordinance on streets," and his permit shall be void. 78. That hereafter in all cases where any private person or persons are about to open any portion of opening streets any street where the water pipes of the Portland ^^ere water or gas pipes Water Company are laid, when such opening shall are laid, intersect, lay open, or in any manner interfere w^th ^,^q^^^'*^*' the water pipes of the Portland Water Company, such person or persons, before proceeding to make such opening, shall give reasonable notice of the time and place of such opening to be made to the Portland Water Company, or its secretary, by leaving the same at the office of said company. That hereafter when 502 STREETS. any private person or persons are about to open any portion of any street where the mains of the Portland Gas Light Company are laid, when such opening shall intersect, lay open, or in any manner interfere with the mains of the Portland Gas Light Company, such person or persons, before proceeding to make such opening, shall give reasonable notice of the time and place of such opening to be made to the Portland Gas Light Company, or its treasurer, by leaving the same at the office of said company. Any person violating this ordinance shall be subject to a fine not exceeding twenty-five dollars. 79. Any person who shall make any excavation, or Excavations hereafter increase any excavation near any street or near streets. , ,. • j^i • -j^ j i Sept. 14,1869. pubhc way in this city, so as to endanger any portion thereof, without first making written application to the mayor and aldermen, setting forth its nature and extent, and obtaining their consent, and requesting and obeying their instructions in the premises, shall be subject to a penalty not less than twenty nor exceed- ing one hundred dollars. 80. It shall be the duty of the commissioner of Furth d f streets before purchasing new property of m\y kind of street com- for the city, or before procuring any repair or changes o™d^ aiTrch 10, <^osting more than twenty -five dollars on property be- 1877. longing to the city, to first obtain the approval in writing of the joint standing committee on streets, sidewalks and bridges ; and all such purchases or repairs exceeding the sum of three hundred dollars shall first be authorized by vote of the city council, and any expenditure upon any street at any one time exceeding the cost of one hundred dollars in labor or materials shall first be authorized by said committee, and any such expenditure which will exceed the cost of three hundred dollars shall first be authorized by vote of the city council, and it shall be the duty of the commissioner of streets, when thereto requested, STREETS. 503 to report to the said committee the number of men employed by him, the nature of each man's employ- ment, and the amount of his wages ; and the said committee is authorized to require the discharge fi*om service of any individuals employed by the commis- sioner of streets, or reduce the rate of wages, if in the opinion of said committee the good of the city demands such discharge or reduction in pay. 81. Xo person shall remove any «:ravel soil or '■ . . -^ ® ' To protect the material from any portion of the western promenade, public 'the cemeteries, or any other public grounds within ^g"^^^**^ the city, without the consent of the mayor expressly Ord. Aug. so, given therefor. Any person violating this ordinance, shall be subject to a penalty of fifty dollars. 82. Xo person, without authority of the municipal Lighting or ex- officers, or from the Gas Light Company, shall light g^gt jamps. or extinguish any street lamp, under a penalty not Penalty. less than five dollars, nor more than ten dollars for 30.' each offence. 83. All trees, lamp-posts, posts and hydrants, now Lampposts, placed and being within the limits of the streets of g^/^ng^'"'^ the city, are hereby declared to be and shall be taken 0rd.Mayi,i87i to be legally established and located. 84. Lamp-posts, and posts for protecting them, Lampposts, may be located within the limits of any street of the lo^clted. city, by the joint committee of the city council on ^^^^• lamps and lamp-posts under existing ordinances, or by direction of the city council. 85. Any tree, lamp-post, post or hydrants, or any L^mppost^ post for the protection of the same, shall be taken to how taken to be legally established within the limits of any street ^,1^.^ of the city, when it has been located therein by order or with approval of the mayor, or joint standing com- mittee on streets, sidewalks, and bridges, or street commissioner. 31 504 STREETS. Lampposts SQ. "^Yhen an order is given, under the p^'ovisions ibut'^'^^'^' of *^bis ordinance, it shall be recorded by the city clerk in a book provided for that purpose and kept in his office. Company to give notice to the commis- sioner of streets of com- mencement of work. Of completion. Street com- missioner to examine Ibid. Ord. July 11, 1876. Streets not to be dug up, Ac. without consent of mayor and al- dermen. Penalties. REGULATIONS RESPECTIXG THE LAYING OF GAS PIPES IN STREETS. Kegulations and restrictions in relation to the laying down and taking up of pipes and fixtures in and through the streets of the city by the Portland Gas Light Company, prescribed and established pursuant' ^ to the provisions of section third of the charter of said company, January 25, 1855. 1. Said company before digging up the ground in any street, for the purpose of laying down, taking up, or repairing any gas pipes or fixtures, shall give notice in writing to the commissioner of streets of said city, of their intention so to do, specifying the street or streets, and the points of commencement and termi- nation of their proposed works ; and when said work is completed they shall give notice thereof in writing to said commissioner, who shall proceed immediately to examine into the manner said work has been done, and if the same has been done to his satisfaction, he shall certify the same to said company. But in searching for leaks or obstructions, or in repairing pipes that are leaking or in removing obstructions, the company is required to give the last named notice only. 2. No street or sideu^alk, or any part thereof, shall be dug up or broken into, for the purpose of laying service pipe, or setting lamp posts, between the first day of Decem])er and the fifteenth day of April of each year, without the permission of the mayor and aldermen, in writing, under a penalty of twenty dol- lars and a further penalty of tAventy dollars for each STREETS. 505. and every clay or paii; of a day, that the work is in streets not to progress. Nor shall the streets, nor any part thereof, &c., before be dusr up or broken into for the layinoj of main pipes, p^p®,^ ^^'^, » ^ .7 & I 1 » ready to be between the tirst day of November and the first day laid down- of ]May in each year, under a penalty of twenty dollars ^^'' ^^^^' ^^ for each offence, and a further penalty of twenty dol- lars for every day or part of a day that the work shall be in progress, or the street remain broken as aforesaid. Nor shall any street or any part thereof be dug up or broken into before the gas pipes are prepared and placed in the vicinity ready to be laid down. 3. Said company shall be liable for all damages occasioned by the diijofino: up and openino: any street, Liability of ./ oo o I ^ f G J •> company for or obstructions therein by said company, as follows, damages. viz : For all or any such works, done before the first ^^^^' day of November, they shall be liable for all damages occasioned thereby, for the space of sixty days from and after the approval certified as aforesaid by said commissioner, and for all or any such works done ^ after said first day of November, they shall be so liable until the fifteenth day of June next following, of each year. 4. All trenches left open after dark, shall, by said Trenches made ^ » ' J to be fenced company, be safely railed or fenced in, and be sufli- and lighted. ciently lighted to protect the public from damage or ^^^*» accident therefrom. 5. Whenever any street, or any part thereof, is Work to be taken up for the purposes aforesaid, said company done with con shall perform the work proposed to be done with all lenient dis- . ,. , , , . , patch. convenient dispatch, and as soon as the same is done n>id. they shall repair such street and put the same in as good condition as it was in before such taking up, and shall cause all surplus earth, stones,, materials, and repaired. rubbish to be immediately removed from the street ; and whenever such street, or any part thereof, or any ^^2"^^^^^' J^^" pavement thereon, shall thereafter and within the be removed. time specified in section two, settle or become out of 506 STKEETS. Company to re- repair by reason of the works aforesaid, the said pair streets to company shall thoroughly and completely repair the s3,tlsi&ction Ox commissioner, samc, to the Satisfaction of said commissioner of In case of re- streets. In case Said company refuse or neglect to repaired at repair the same, after one day's notice therefor by expense of g^j^ commissioner, he shall proceed to repair the company. "^ ^ *■ same at the expense of said company. 6. Whenever any of said pipes, in lavino^ them Restrictions re- '^ l r 7 ^ n specting pipes down, shall comc in contact or interfere with any drain wito drltafor ^^ scwcr. Said pipes shall be laid under or over such sewers. drain or sewer, unless in the opinion of the committee on drains and sewers, it shall be necessary to change Course of ^^® direction of such drain or sewer, in which case drain,&c. may the Same shall be done by said company under the ^ ' direction and to the satisfaction of said committee. Superintendent of Burials, [See chapters on CexMeteries and Health.] Surveyor ' of Stone. Ordinance. 1. One or more surveyors of stone to be appointed. To be sworn. 2. Duties. 3. Fees. 1. There shall annually be elected by the city one or more council, one or more suitable persons as surveyors of surveyors of *■ '' stone to be granite, marble and free stone, who shall be sworn to appointed. . the faithful performance of the duties of said office, ^obeswom. and who shall continue in office, until removed or 1859, §i,and until a successor is elected and qualified. ^^- ordises 2. It shall be the duty of said surveyors to meas- ^^^^^^ ure and inspect all granite, marble, free stone and other stone, for building or any other purposes, which they shall be requested to measure or inspect. 3. Said surveyors shall be entitled to demand and receive in full for their sei-v ices the following rates, ^®^^' viz : Ten cents for each ton of marble, granite Or ^^^^' ^ ^' free stone, thus measured or inspected by them. Taxes. Statutes. 1. Poll tax, on whom assessed. 2. Real and personal property taxable. 3. Real estate, what is included. 4. Real estate of railroads. 5. Personal property taxable described. 6. Polls and estates not taxed. 7. Mines exempted. 8. Aqueducts, pipes, &c., exempted. 9. Poll tax where assessed. 10. Real estate, where taxed. 11. Standing wood and timber, to whom assessed. 12. Landlord and tenant to pay equally. 13. Personal estate taxable where owner resides. 14c. Exceptions. 15. Betterments on exempted lands. 16. Toll bridges, stock, where taxed. 17. Stock of gas or water companies. 18. Duties of assessors, &c., in this behalf. 19. Clerks failing to make returns. 20. Blood animals, how taxed. 21. Personal property of non residents. 22. Lien in favor cff person paying the tax. 23. Remedy for person paying more than his proportion of tax. 24. Stock of companies invested, how taxed. 25. Mortgaged personal property, how taxed. 26. Real estate of one deceased, how taxed. 27. Partners' personal property. 28. Land may be assessed to owners or tenants. 29. Assessments to be continued on same person till notice given. 30. Property of certain manufacturing and mining corpora- tions, where taxed. 31. Real estate of banks, and stock, where taxed. 32. Bank stock out of State. 33. Cashiers required to exhibit books. 34. Shares where residence of owner is unknown. 35. Collector to give notice. TAXES. ^ 509 36. Actions maintained by treasurer. 37. Supplementary assessments. 38. Treasurer of State to issue warrants for state tax. • 39. What treasurer's warrant sliall require. 40. Assessors to be governed by rules established. 41. Assessors responsible for faithfulness. 42. Collectors how chosen. 43. Collector's fees and travel. 44:. Collector to receive a warrant. 45. Collector to give approved bond. 46. Collector or constable to give receipts on demand. 47. Collector to distrain if tax not paid, and to restore ovet- plus. 48. Collector may imprison after twelve days notice. 49. x\jid before if about to abscond. 50. Where payable in instalments when whole may be de- manded. 51. Former collector to complete collections. 52. Collector may distrain shares in a corporation. 63. Duty of officers of the corporation. 54. Collectors may collect in any part of State. 55. -Collectors in some cases may sue for taxes. 56. Assessments not void if they include sums for an illegal object. 57. Collections how made of non residents of improved lands. 58. Taxes on chattels of non residents. 59. Collector may demand aid. 60. Collector to exhibit account of collections once in two months. €1. Collector removing may be required to give up tax bills. 62. Collector refusing, penalty. 63. Collector, provision when he dies. 64. Sums overpaid to be restored. 65. State treasurer may issue warrant against delinquent treasurer. 66. Towns to pay when its collector fails to pay. 67. Assessors in such case to make new assessment. 68. Taxes may be collected by action of debt. 69. Additional way to collect state tax. 70. Time fixed for paying tax. Interest. 71. Election of assessors. Their duties. Interest on unpaid taxes. 72. Treasurer shall be collector of taxes. Ordinances. 1. Advertisement of sale of real estate. 2. Treasurer to publish list of unpaid taxes over $20 yearly 3. Assessors to deliver to treasurer tax bills. 510 TAXES. Poll tax, on whom assessed. R. S., 1871, c. 6, §1. Real estate and personal tax- able. Ibid. § 2. Real estate what is in- cluded. Ibid. § 3. Real estate of railroad cor- porations as non-resident land. Track exemp- ted. Ibid. § 4. See 1881, c. 91. 4. Duty of treasurer and collector. 5. Interest on unpaid taxes. 6. Discount on taxes. 7. Repeal of inconsistent ordinances. 1 . A poll taxi shall be assessed upon every male inhab- itant of this state above the age of twenty-one years, whether a citizen of the United States, or an alien, in the manner provided by law, unless he is exempted therefrom by the provisions of chapter six of the Revised Statutes. 2. All real property^ within this state, all personal property of the inhabitants of this state, and all personal property hereinafter specified of persons not inhabitants of this state, shall be subject to taxation as hereinafter provided. 3. Real estate, ^ for the purposes of taxation, excepting, as provided in section six shall include all lands in this state and all buildings and other things erected on or affixed to the same, and all townships and tracts of land,- the fee of which has passed from the state since the year one thousand eight hundred and fifty, and all interest in timber upon any of the public lands derived by permits granted by the state of Massachusetts, interest and improvements in land, the fee of which is in the state ; and interest by contract or otherwise in land exempted from taxation. 4. The real estate of railroad corporations'* shall be taxable in the towns where it is, and be regarded as non- resident land ; but the track of the road and the land on which it is constructed, shall not for this purpose, be deemed real estate. iPoll tax; Littlefleld v. Brooks/ 50 Maine, 475; Hartland v. Church, 47 Maine, 169 ; Porterfleld v. Augusta, 67 Maine, 556. 2 U. S. statute 1864, c. 106, § 41, makes unlawful a tax on shares of a national bank located in another state. Abbott v. Bangor, 54 Maine, 540; Flint v. Aldermen of Boston, 99 Mass., 141; Packard v. Lewiston, 55 Maine, 456; Opinion of Justices, 53 Maine, 594. 3 Real estate, see § 14, part second; B. &. P. R. R, Co. v. Harris, 21 Maine^ 533; Cum. Marine R. v. Portland, 87 Maine, 444. Boom taxable as real estate Hall V. Benton, 69 Maine, 346. * P. S. & P. R. R. Co. V. Saca, 60 Maine, 196. TAXES. 511 0. Personal estate^ for the purposes of taxation, shall Personal estate include all goods, chattels, moneys, and effects, whereso- ^^bed ^ ever they are ; all ships and vessels at home or abroad ; ibid. § 5. all obligations for money or other property, money at inter- est, and debts due the persons to be taxed more than they are owing ; all public stocks and securities ; all shares in moneyed, railroad and other corporations within or without the state ; all annuities payable to the person to be taxed, when the capital of such annuity is not taxed in this State ; and all other property, included in the last preceding state valuation for the purposes of ^^ous^ taxation ; All the property of any religious society in this societies. State, both real and personal, except its meeting-house 1877, c. 217. and vestry and the furniture therein, and all parsonages not exceeding six thousand dollars in value and from which no rent is received.^ 6. The following property and polls shall be exempted not taxed, from taxation : ibid. § e: First. The property of the United States and of this State. Second. All property which by the articles of separa- tion is exempted from taxation, the real and personal property of all literary institutions, and the real and per- sonal property of all benevolent, ~ charitable and scientific institutions incorporated by this state. Third. The household furniture of each person not exceeding two hundred dollars to any one family, his wearing apparel, farming utensils, mechanics' tools nec- essary for carrying on his business, and musical instru- ments not exceeding in value fifteen dollars to any one family. Houses of Fourth. All houses of religious worship and the pews ^^}^^l^^ and furniture within the same, except for parochial pur- exempt, poses ; and all tombs and rights of burial, and property i^id- § 6. held by a religious society as a parsonage. i^Vc' srf^" 6 stetson V. Bangor, 56 Maine, 274; Abbott v. Bangor, supra; 105 Mass., 519; J06 Mass. .540, 5S; 118 Mass., 169. « For tax on savings banks see act 1875, c. 47, and .Jones v. Savings Bank, 66 Maine, 242. For tax on dogs see title " Dogs," § 5. For tax on railroads see title " Railroads," and act 1881, c. 90. For State tax on express com- panies, see 1880, c. 244. 1 Maine Bap. Convention v. Portland, 65 Mdlne, 92. 512 TAXES. 1874, c. 178. Manufacturing establish- ments. Ibid. § 6. Mines exempt. 1878, c. 29. ■ Fifth. All mules, horses, neat cattle, swine and sheep, less than six months old, and all hay, grain and potatoes, orchard products, and wool owned by and in possession of producer. Sixth. The polls and estates of all Indians ; and the polls of persons under guardianship. Seventh. The polls and estates of all persons who, by reason of age, infirmity, and poverty, are, in the judg- ment of the assessors, unable to contribute toward the public charges. Eighth. The polls and estates of inhabitants of islands, on which there are no highways, may be exempted from the highway tax at the discretion of the town to which they belong. Ni)ith. All manufacturing^ establishments, and all establishments for refining, purifying or in any way enhancing the value of any article or articles already manufactured, hereafter erected by individuals, or by in- corporated companies, and all the machinery and capital used for operating the same, together with all such ma- chinery hereafter put into buildings already erected, when the amount of capital invested exceeds the sum of two thousand dollars, are exempted from taxation for a term not exceeding ten years from the time the city or town in which such manufacturing establishments or refineries may be located, shall in a legal manner assent to such exemption which assent shall have the force of a contract and be binding for the time specified ; but all property so exempted shall be entered from year to year upon the assessment books and returned with the valuation of the several towns and cities when required by the State for the purposes of making the State valuation. 7. All mines of gold, silver, or of the baser metals, which are now or may be opened and in process of devel- opement, shall be exempt from taxation for a term of ten years from the time of such opening. This act shall not affect the taxation of the lands or the surface improve- 8 It is for Legislature to determine what is exempted from taxation, Brewer Brick Co. v. Brewer, 62 Maine, 62; Farnsworth v. Lisbon, 62 Maine. 451; Portland v. Water Co., 67 Maine, 135. As to rule where part of prop- erty is exempt and part, taxable, see Cambridge v. County Commissioners, 114 Mass., 337. TAXES. 513 ments of the same, at the same rate of valuation as similar lands and buildings in the vicinity. 8. The aqueducts, pipes and conduits of any corpora- tion, engaged in supplying any city or town with water. Aqueducts, shall be exempt from taxation, when any city or town, p^p^^ *c. shall take from the aqueducts, pipes or conduits of such i878, c.33. corporation, water for the extinguishment of fires, with- * out charge being made for the same. Nothing in this act shall be so construed as to include in this exemption the capital stock of such corporation, any reservoir or grounds occupied for the same, or any property, real or personal, owned by such company or corporation, other than as enumerated above. 9. The poll tax^ shall be assessed on each taxable per- Poll fjiTc wliGrp son in the place where he is an inhabitant on the first day assessed. of April in each year. No person shall be considered an R. s.,i87i,c.6, inhabitant of a place on account of residing there as a ^^' student in a literary seminary. 10. All taxes^o on real estate shall be assessed in the Real estate, town where the estate lies, to the person who is the where taxed. oyt'ner or in possession thereof on the first day of April in each year. In cases oi mortgaged real estate, the mortgager, for the purposes of taxation, shall be deemed the owner, until the mortgagee takes possession, after which the mortgagee shaft be deemed the owner. 11. Whenever the owner of real estate notifies the g^andinff wood assessors that any part of the wood, bark and timber and timber, to standing thereon has been sold by contract, in writing, ^^^^™ ^ J ' &' assessed. and exhibits to them proper evidence thereof, they shall j^ijj § jq. assess such wood, bark and timber to the purchaser issi, c. 45. thereof. A lien is created on such wood and timber, for ^^^^ created the payment of such taxes ; and may be enforced by the thereon, collector by a sale thereof when cut, as provided in section ^'^'' ^^'^' ^' ^' one hundred and four. 12. When a tenant paying rent for real estate is taxed therefor, he may retain out of his rent half of the taxes Landlord and paid by him ; and when a landlord is assessed for such *®"^"* ^ P^y ^ '' equally. real estate, he may recover half of the taxes paid by him j^j^^ g ^g. oHartland v. Church, supra; Parsons v. Bangor, 61 Maine, 457; 9 Gray 357. lOHobbs V. Clements, 32 Maine, 67; Orland v. Ellsworth, 5G Maine, 47; Cum. M. Railway v. Portland, 37 Maine, 444. 514 TAXES. and his rent iu the same action against the tenant, unless there is an agreement to the contrary. 13. All personal property within or without this State, Personal estate except in the cases enumerated in the following section, owne^^reTictes! ^^^^^ ^^ assessed to the owner in the town where he is an Ibid § 13. inhabitant on the first day of April in each year. * 14. The exempted cases referred to in the preceding Exceptions. section are the following : First. All goods, wares and merchandise, alU^ logs, merchaliciire timber, boards and other lumber, and all stock in trade, andiumber. including stock employed in the business of any of the Ibid, and 1881, mechanic arts, in au}^ town within this State, other than c '^8 For other pro- where the owners reside, shall be taxed in such town if the vision about owuers, their tenants, or any person contracting under property by ^^^^ for the building of any house, shop, store or vessel persons out of for sucli purposes, occupy any store, shop, mill, wharf, iSf'/So laiiding or ship-yard therein, for the purposes of such 1872, c. 23, tenancy or contract. 1876, c. 126. Second. All machineryi^ employed in any branch of Machineiy and manufacture, and all goods manufactured or unmanufac- cof orltion^s* tured, and all real estate belonging to any corporation, R. s., 1871, c. 6, shall be assessed to such corporation in the town or other § ^*- place where they are situated or employed ; and in assessing the stockholders for their shares in any such corporation, their proportional part of the value of such machinery, goods and real estate shall be deducted from the value of such shares. Third. All mules, i^ horses, neat cattle, sheep, and swine shall be taxed in the town where they are kept on Horses, cattle, the first day of April, in each year, to the owner or Ibid. person, who has them in possession at that time, all such animals, which are in any other town, than that in which the owner or possessor resides, for the purpose of past- uring or any other temporary purpose on said first day of "Ellswortli V. Brown, 53 Maine 519; Waite v. Princetown, 66 Maine 225; Desmond v. Macliiasport, 48 Maine, 478; 101 Mass. 329; 103, Mass. 278; 104, Mass. 586; Cliarlestown v. Co. Commr's, 109 Mass. 270. 12 Cum. M. R. V. Portland, suj)ra. As to Aqueduct Co. v. White Prince- town, 100 Mass. 183. As to Gas Co. pipes see 12 Allen, 75; 60 Maine, 199. 13 Hemming\vay v. Machias, 33 Maine 445. As to street railway horsesand other property, see 8 Allen, 330. TAXES. 515 April, shall be taxed to such owner or possessor in the town where he resides, and all such animals, which are out of the State, or in any unincorporated place in the State on said first day of April, for any purpose, and being owned by, or in charge and possession of any person residing in any town in this State, shall be taxed to such owner or possessor in the town where he resides. If a town line so divides a farm that the dwelling house thereon is in one town, and the barn or out-buildings or any part of them is in another, such animals kept for the use of said farm, shall be taxed in the town where the house is. FouHli. All personal property^"* belonging to minors pej.gouai under guardianship shall be assessed to the guardian in property of the place where he is an inhabitant. The personal M»»norsand wards. property of all other persons, under guardianship, shall be assessed to the guardian in the town where the ward is an inhabitant. Fifth. All personal property!^ held in trust by an pej^g^jj^i executor, administrator, or trustee, the income of which property of is to be paid to any married woman or other person, ™«"ied i-iiT_ 1.^111 T^ 1 • t women, held snail be assessed to the husband of such married woman, intrust. or to such other person, in the place of which he is an inhabitant. But if such married woman, husband or other person resides out of the State, it shall be assessed to such executor, administrator, or trustee, in the place where he resides. Sixth. Personal property placed in the hands of any corporation as an accumulating fund for the future benefit Funds in trust of heirs or other persons, shall be assessed to the person ^^^ \iQiTi, &c. for whose benefit it is accumulating, if ^ithin the State, otherwise to the person so placing it, or his executors, or administrators until a trustee is appointed to take charge of it or its income, and then to such trustee. Seventh. The personal property of deceased persons^^ Personal in the hands of their executors or administrators not property of distributed, shall be assessed to the executors or admin- goS^^ ^^ » 4 Allen, 402. " 6 AUen, 277 ; 13 Allen, 267. " »7 Mass. 321; 102 Mass. 348. 516 TAXES. Property held by religious societies. See § 6, item 4th. Personal property in another state or country, 1877, c. 182. Betterments on exempted lands. R. S., c. 6, § 15. Toll bridges. Ibid. § 16. 1880, § 233. Stock of cor- poration sup- plying gas or water. R. S., 1871,c.6, §17. Duties of assessors, &c. Ibid. § 18. istrators in the town where the deceased last dwelt, until the}^ give notice to the assessors, that said propert}^ has been distributed and paid over to the persons entitled to receive it. If the deceased at the time of his death did not reside in the State, such property shall be assessed in the town, in which such executors or administrators live. Eighth. Personal property held by religious societies shall be assessed to the treasurer thereof in the town where such societies usually hold their meetings. Ninth. Personal property in another state or country on the first day of April and legally taxed there. 15. Betterments and improvements made upon such lands of literary institutions as are exempted from taxa- tion, not including sites and buildings occupied by such institutions and their officers, shall be deemed personal property, and taxed to the tenant as owner thereof in the town where they are. 16. The stock of all toll bridges shall be taxed as per- sonal property, to the owners thereof, in the towns where they reside, except stock owned by persons residing out of the State, which shall be taxed in the town or towns where the bridge is located, and where such bridge is lo- cated iu two towns one-half of such stock so owned by persons residing out of the State shall be assessed and taxed in each town. 17. The stock in any local corporation, chartered for the purpose of supplying cities or towns with water or gas, held by any person out of the State or unknown shall be subject to taxation, in the city or town where such corporation is located or transacts its ordinary business, as provided for the taxation of bank stock, in section thirty -two of chapter six Revised Statutes. 18. The powers of assessors, collectors and treasurers, and the liens on the stocks, shall be the same as provided in sections thirty-two, thirty-three, thirty-five and thirty- six of chapter six of Revised Statutes, and the duties therein imposed on cashiers, shall be performed by the treasurers of such corporations. TAXES. 517 19. AVheu a clerk of a corporation holding property Clerks failing liable to be taxed, fails to comply with the requirements J^™s^^^^" of the twenty-first section of the forty-sixth chapter of i^^^ g jg Revised Statutes, whether the corporation was chartered before or since the separation of Maine from Massachu- setts, such property for the purposes of taxation, shall be deemed corporate property, liable to be taxed to the how taxable, corporation, although its stock has been divided into shares and distributed among any number of stockholders. Such property, both real and personal, is made taxable for state, county, city, town, school district, and paroch- ial taxes, to be assessed and collected in the same manner and with the same effect as upon similar unexempted property owned by individuals. If the corporation is one which has the right to receive tolls, such right or franchise Franchise may may be taken and sold on warrant of distress for pay- be sold in cer. meut of such taxes, the sanae as such property is taken t^"^<^^»- and sold on execution. 20. Blood animals, brought into the State and kept for Blood animals, the purpose of improvement of the breed, shall not be ibid- §20. taxed at a higher rate than stock of the same quality and kind bred in the State. 21. All goods, wares, merchandise, or other personal property, which, on the first day of April in each year. Personal prop- are within this State for the purpose of sale, and owned ^Sdente!''" by persons residing out of the State, shall be taxed to the p^id. § 21. person or persons having them in possession for the pur- pose of sale. 22. Such person shall have a lien thereon, which he may enforce for the repayment of all sums by him law- Lien in favor fully paid in discharge of the tax. A lien is also created ^^ person pay- " ingtax. upon the property for the payment of the tax which may i^id. § 22. be enforced l^y the constable or collector to whom the tax is committed, by a sale of the property, as provided in R. S., 1871, chapter six, sections one hundred and six, one hundred and eleven and one hundred and twelve. 23. If any person under the provisions of the foregoing Remedy for section pays more than his proportionate part of the tax, v^y^rig more or if his own goods or property are applied to the pay- tiJl°o7ter ment and discharge of the whole tax, he shall be entitled ibid. §23. 518 TAXES. to recover of the owner of the goods, wares, or merchan- dise, such portion of the whole tax, as would be such owner's proper share. 24. When an insurance or other incorporated company panics invest- is required by law to invest its capital stock or any part ed how taxed, thereof in the stock of a bank or banks, or other corpor- ibid, 24. ation in this State, for the security of the public, such investments shall not be liable to taxation except to the stockholders of the company so investing as making a part of the value of their shares in the capital stock of said company ; and when the capital stock of any insur- ance company incorporated in this State, is taxed at its full value, the securities and pledges held by said com- pany to the amount of said stock, shall be exempt from taxation ; but if the pledge or security consists of real estate in a town other than that where the stockholders reside, it shall be taxed where it lies, and the stock shall be exempt to the amount for which it is assessed. 25. When personal property^"^ is mortgaged or pledged, Mortgaged per- [^ shall, for the purposes of taxation, be deemed the sonal proper- , , . . . i ty how taxed, property of the party who has it m possession and may ihid. §25. be distrained for the tax thereon. Money or personal 1878, c. 77. property, loaned or passed into the hands or possession of another by any person residing in this State, secured by an absolute deed of real estate, shall be taxed to the grantee, the same as in case of a mortgage, although the land is taxed to the grantor or other person in possession. 26. The undivided real estate of any deceased person Real estate of jjj^y be assessed to his heirs or devisees without designa- one deceftsed how taxed. ^^^^ ^^ ^^J ^^ them by name until they give notice to the R. s. 1871, c. 6, assessors of the division of the estate, and the names of the several heirs or devisees ; and until such notice is given, each heir or devisee shall be liable for the whole of such tax, and have a right to recover of the other heirs or devisees their portions thereof when paid by him, and in an action of that purport the undivided shares of such heirs or devisees in the estate, upon which such tax has been paid, may be attached on mesne process, or taken on execution issued on judgment recovered in an action " 10 Allen, 100; 2 Elliott v. Spiuney, 69 Maine, 31. TAXES. 519 therefor. Or such real estate may be assessed to the executor or administrator of the deceased, and such assessment shall be collected of them the same as taxes assessed against them in their private capacity, and shall be a charge against the estate and allowed by the judge of probate ; but when such executor or administrator no- tifies the assessors that he has no funds of the estate to pay such taxes, and gives them the names of the heirs and the proportions of their interest in the estate to the best of his knowledge, the estate shall no longer be assessed to him. 27. Partners^^ in mercantile and otlier business, whether partners' per- residing in the same or different towns, may be jointly sonai proper- taxed, under their partnership name, in the town where ^' their business is carried on, for all the personal property 1379 c."m enumerated in the first paragraph of section fourteen, employed in such business ; and if they have places of business in two or more towns, they shall be taxed in each town for the portion of property employed therein ; excepting if any portion of such property is placed, deposited or situated in a town other than where their place of business is, under the circumstances specified in the first paragraph of section fourteen, they shall be taxed therefor in such other town ; and in these cases they shall be jointly and severally liable for such tax. 28. All real estate, '^ and such as is usually called real, Lands mav be but is made personal by statute, may be taxed to the assesserrto tenant in possession, or to the owner, whether living in ^^!*^^ the State or not, in the town where it is; and when a r. s. c.6. §28. state, county or town tax is assessed on lands owned or Part owner claimed to be owned in common or in severalty, any per- ™*y^^^^^^* son may furnish the collector, or treasurer, to whom the arateiy. tax is to be paid, an accurate description of his part of the land, in severalty, or his interest, in common, and pay his proportion of such tax and thereupon his land or his interest shall be free of all lien created by such tax. " Stockwell V. Brewer, 59 Maine, 286; 7 Gray, 128; ia5 Mass. 519. " Herriman v. Stowers 4.3 Maine, 497; Hartland v. Church, 47 Maine, 169; Winslow V. Morrill, 47 Maine, 411. 32 520 TAXES. Assessments may continue to be made on same person till notice given. Ibid. 29. Property of certain cor- porations for manufactur- ing, &c. where taxed. Ibid. §30. 1878. c. 47. Real estate of banks where taxed. R. S. 1871. c. 6. §31. Stock of banks where taxed. Ibid. Bank Stock out of State. Ibid. § 32. 29. When assessors continue to assess real estate to the person to whom it was last assessed, such assessment shall be valid, though the ownership or occupancy has changed, unless previous notice is given of such change, and of the name of the person to whom it has been trans- ferred or surrendered ; and a tenant in common, or joint tenant, may be considered sole owner for the purpose of taxation, unless he notifies the assessors what his interest is. 30. The buildings, lands, and other property of manu- facturing, mining and smelting corporations, made per- sonal property by their charters, and not exempt from taxation, and all stock used in factories, shall be taxed to the corporations, or to the persons having possession of their property or stock, in the town or place where the corporations are established,* or the stock is manufactured ; and there shall be a lien for one year on such property and stock for the payment of such tax, and it may be sold for the payment thereof as in other cases ; and the shares of the capital stock of such corporations shall not be taxed to their owners. 31. All real property^^ in this State, owned by any banks incorporated by the laws of this State, or by any national banks or banking associations, shall be taxed in the place where the property is situated, to said bank or banking association, for state, county and municipal taxes, according to its value, as other real estate is taxed ; but the stock of such banks shall be taxed to the owners thereof where they reside, if known to be residents of this State ; but the taxation of shares m such banks -shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of the State. 32. The stock^i of any bank held by persons out of the State or unknown, and that has not been certified accord- ing to the provisions of chapter forty-six, section twenty-one, of the Revised Statutes, in any city, or town 20 Stetson V. Bangor, supra, and (iases cited. 21 Shares in National Banks are taxable at their market value without de- duction on account of investments of the Bank in U. S. securities ; 3 Wal- ace, 573; 23 WaUace, 480; see 14 Allen, 359; 99 Mass. 141. TAXES. 521 in this State, and is not there assessed ; and the stock of any bank appearing by the books thereof to be held by persons residing out of the State, or whose residence is unknown to the assessors, shall be assessed in the town where such bank is located, or transacts its ordinary business ; and such city or town shall have a lien from and after the date of such assessment on such stock and all dividends thereon, until such tax and any cost or expenses arising in the collection thereof are paid. No assignment, sale, transfer or attachment shall pass any property in such stock unless the vendee first pays such tax and costs ; and the cashiers of banks are required to return to the assessors of the town where such bank is located or transacts its business, all the stock in such bank not returned to the assessors or other towns, accord- ing to the provisions of said section twenty-one, chapter forty-six ; and such returns shall be made at the time and in the manner prescribed in said section, and shall be made the basis of taxation of such property. 33. The cashier or other officer of each bank, is hereby Cashiers re- required to exhibit on demand, to the assessors of any ^^t ^^^' town all the books of such bank that contain any record ibid. § 33. of the stock of such bank or any dividend declared or paid thereon, and if requested, shall deliver to them a true and certified copy, of so much of said record as they Deliver certi- may require. Should any cashier neglect or refuse to dipidend.^ perfoi-m the duties required by this and the preceding section, the assessors may doom such bank in such sum as they deem reasonable, and the assessment shall bind the bank, and the tax thereon shall not be abated, and such cashier shall be liable for such neglect or refusal, to the penalty prescribed in section twenty-three, chapter forty-six, of the Revised Statutes. 34. When returns of stock in the banks and national shares to be- banking associations are made according to the provisions ^^^^ ^" ^^® of section twenty -one of chapter forty-six, or the preced- i,ank is loca- ing section, if it be found by the assessors of any town ted when resi- receiving such returns that the holders of such stock do er^runk^owli not reside in such town, they shall within fifteen days or out of the return the names of such stockholders, with the amount ^^^^' 522 TAXES. Ibid. § 34. of stock held by them, to the assessors of the town where 1879. c. 139. such stockholders reside, if their residence is known, and within the State ; and if not, such return shall be made to the assessors of the town where the bank is located, and shall be subject to the provisions of section thirty- two. 35. The collector of any town to whom has been com- CoUectorof , , « i i i n -ai.' taxees to give mitted a tax upon the stock of any banks, shall, withm notice. thirty days after the bills of assessment are delivered to ^35.^^^ ^ ^ ^i^' cause a notice in writing to be delivered to the cash- No dividend ier or president of such bank, stating the description of paid till tax is gtock taxed, to whom assessed, if stated in the bills, and ^'^"" the tax thereon. No dividend shall be paid on such Tax charged in offset. stock after such notice until the tax and any cost thereon are paid. The cashier may pay such tax, and payment shall constitute a lawful charge in offset againt any divi- dend thereon. Should such tax remain unpaid ninety days after such notice, the collector may sell such stock Powers of col- in the manner specified in sections one hundred and ten, tended ^^ ^^^ ^^^^ hundred and eleven of chapter six of the Revised Statutes. For the purpose of collecting taxes on bank stock, collectors may act in any city, town or plantation in this State. 36. The treasurer of any town, and anj^ successor in Actions main- . . . , tained by omce, may maintain an action on the case against any treasurers of bank, and recovcr therein the tax assessed if .unpaid, and - cities. ^^^ lawful charges upon any share thereof, if there has Ibid. § 36. been paid after such tax was assessed any dividend there- on ; but judgment shall not be rendered in such action for a larger sum in damages than the dividend thus paid, and all such taxes and charges may be recovered in one suit, if said treasurer so elects. 37. When any assessors, after completing the assess- ment of a tax, discover that they have by mistake Supplement- Omitted any polls or estate liable to be assessed, they ments may be "^^^^ during their term of office, by a supplement to the made to cor- invoice and valuation, and the list of assessments, assess rect mistakes. ^^^^^ p^^j^g ^^^ estates their proportion of such tax accord- ibid. §37. jjjg ^Q ^jjg principles on which the assessment was made, certifying that they were omitted by mistake. Such sup- plemental assessments shall be committed to the collector TAXES. 523 with a certificate under the hands of the assessors, stating that they were omitted by mistake, and that the powers in their previous warrant, naming the date of it, are extended thereto ; and the collector shall have the same power, and be under the same obligations to collect them, as if they had been contained «in the original list ; and all assessments shall be valid, notwithstanding that by such supplement the whole amount exceeds the sum to be assessed by more than five per cent., or alters the propor- tion of tax allowecl by law to be assessed on the polls. 38. When a state tax is ordered by the legislature, the Treasurer of the Treasurer of State shall forthwith send his warrants state to issue directed to municipal oflScers of each town or other place gj^^^ ^^^ in this State, requiring them to assess upon the polls and n^id. § 38. estates of each, its proportion of such state tax for the 1880. c. 239. current year ; and shall in like manner send like warrants for the state tax for the succeeding year, forthwith upon the expiration of one year from the time such tax is so ordered. The tax for each year shall be separately ordered and apportioned ; and the amount of such pro- portion shall be stated in the warrants. 39. The treasurer, in his warrant, shall require said whattreasur- oflScers to make a fair list of their assessments, setting ®^'^ warrant J, . requires. forth m distinct columns against each person's name, how r. s. c. 6, § 39. much he is assessed for polls, how much for real estate, and how much for personal estate, distinguishing any sum assessed to such person as guardian, or for any estate in his possession as executor, administrator, or tnistee ; to insert in such list the number of acres of land assessed to each non-resident proprietor, and the value at which they have estimated them ; to commit such list, when completed and signed by a majority of them, to the collector or collectors, constable or constables of such town or other place, with their warrant or warrants in due form of law, requiring them to collect and pay the same to the treasurer of state, at such times as the legis- lature within the act authorizing such tax, directed them to be paid ; and to return a certificate of the names of such officers, and the amount so committed to each, one month at least before the time at which they are required to pay in such tax. 524 TAXES. Assessors to be governed by the rules es- tablished. Ibid. § 40. 1876. c. 91. Poll tax how assessed, &c. Assessors re- sponsible for personal faithfulness only. K. S. 1871. c. 6, §41. Collectors how chosen. Ibid. § 97. 1874, c. 223. Fees and trav- el of collect- ors. R. S. 1871. c. 6, §98. 40. In the assessment of all state, county, town, plantation, parish or society taxes, the assessors thereof shall govern themselves by the rules contained in this chapter, until otherwise provided by the* legislature, except in parishes and societies where different provision for assessing their taxes is^ade ; and shall assess on the taxable polls therein such part of the whole sum to be raised as they rrfay deem expedient ; but the whole poll tax assessed in one year upon an individual for town, county and state purposes, except highway taxes sepa- rately assessed, shall not exceed three dollars. The same rule shall be observed in the assessment of highway taxes ; and the residue of such taxes shall be assessed on the estates according to their value. 41. The assessors of towns, plantations, school dis- tricts, parishes and religious societies, shall not b^ re- sponsible for the assessment of any tax which they are by law required to assess ; but the liability shall rest solely with the corporations for whdse benefit the tax was assessed, and the assessors shall be responsible only for their own personal faithfulness and integrity. 42. When towns^^ choose collectors, they may agree what sum shall be allowed for the performance of their duties ; but if none are chosen, or if those chosen refuse to serve or give the requisite bonds, the assessors may appoint a suitable person to act as constable and collector for the collection of taxes, and in case the person so appointed refuses to serve or give the requisite bond, then they may appoint one of their board to act as con- stable and collector for the collection of taxes. 43. In case of distress or commitment for the non-pay- ment of taxes, the officer shall have the same fees which sheriffs have for levying executions, saving that the travel, in case of distress, shall be computed only from the dwelling house of the officer to the place where it is made. 22 Payson v. Hall, 30 Maine, 319; Smith v. Titcomb, &c. 31 Maine, 272 ; Crow- ell V. Whittier, 39 Maine, 530. TAXES. 525 44. Every collector or constable, required to collect Collector to taxes, shall receive a warrant from the selectmen or ^^^^^^^^^^^ assessors of the kind hereinbefore mentioned, and shall ibid. § 99. faithfully obey its directions. 45. The assessors shall require such constable or col- To give ap- lector to give bonds for the faithful discharge of his duty, j^J'^Jg ^oq^'''^- to the inhabitants of the town, in such sum, and with such sureties as the municipal officers approve, and bonds of collectors of plantations shall be given to the inhabi- tants thereof, approved by the assessors, with like con- ditions. 46. AYhen tax is paid to a collector or constable, he Constables or collectors to shall give a receipt therefor on demand and if he neglects give receipt on demand. or refuses so to do, he shall forfeit five dollars to the ibid. § 101. aggrieved party, to be recovered in an action of debt. A sue in his own collector or his administrator may sue in his own name. isso. c.'206. 47. If any person^^ refuses to pay the whole or any part 71. of the tax assessed against him in accordance with the coUectors to provisions of this chapter, the constable, collector, or other distrain if ta?^ person whose duty it is to collect the same, may distrain ,?°c^^^«^' . him by any of his goods and chattels, not by the law exempt, for the whole or any part of his tax, and keep such distress for the space of four days at the expanse of his owner, and if he does not pay his tax within that time the distress shall be openly sold at vendue by the officer for its payment. Notice of such sale shall be posted up in some public place in the town, at least forty- eight hours before the expiration of said four days. The officer, after deducting the tax and expense of sale, shall restore the balance to the former owner, with a written ^ , * v, ' Overplus to be account of the sale and charges. ^^ restored. 48. If a person so assessed, for the space of twelve ^^id. §105. days after demand, refuses or neglects to pay his tax and ,^ ^ '■ -^ After twelve to show the constable or collector sufficient goods and days notice chattels to pay it, he may arrest and commit him to iail, collector may ^•11 1 •^•-.•111, imprison. till he pays it, or is discharged by law. ibid. § loe. 22 Scarborough v. Parker, o3 Maine, 252; Bethel v. Mason, 55 Maine, 501. 23 Seekins v. Goodale, 61 Me. 400; Brackett v. Vining,49Me. 356; Blanch- ard V. Dow, 32 Me. 557. 526 TAXES. And before if about to ab- scond. Ibid. § 107. When payable in install- ments, whiole may be de- manded of one about to re- move. Ibid. § 108. Former col- lector to com- plete collec- tions. Ibid. § 109. May distrain shares in a corporation. Ibid. § 110. Duties of ofllcers of the corporation. Ibid. § 111. Collector may collect in any part of state. Ibid. § 112. 49. If the assessors think there are just grounds to fear that any person so assessed may abscond before the end of said twelve days, the constable or collector may demand immediate payment, and on refusal, he may com- mit him as aforesaid. 50. When ta:^ is made payable by installments and any person, who was an inhabitant of the town at the time of making such ta:^ and assessed therein, is about to remove therefrom before the time fixed for any payment the col- lector or constable may demand and levy the whole tax, though the time for collecting any installment has not arrived ; and in default of payment he may distrain for it, or take the course provided in section one hundred and six. 51.. When new constables or collectors are chosen and sworn before the former officers have perfected their col- lections, the latter shall complete all .their collections as if others had not been chosen and sworn. 52. For non-pay ment^"* of taxes, the collector or con- stable may distrain tlie shares owned by the delinquent in the stock of any corporation ; and the same proceedings shall be had as when like property is seized and sold on exefjution. 53. The proper officers of such corporation, on request of such constable or collector, shall give him- a certificate of the shares or interest owned by the delinquent therein, and issue to the purchaser certificates of such shares according to the by-laws of the corporation. 54. When a person taxed in a town, in which he was living at the time of assessment, removes therefrom before paying his tax such constable or collector may demand it of him in any part of the State, and if he refuses to pay it he may distrain him by his goods, and for want thereof may commit him to the jail of the county where he is found, to remain until his tax is paid. And he shall have the same power to distrain property and arrest the body in any part of the state, as in the place where the tax is assessed. 2* Famsworth Co. v. Rand, 65 Maine, 19; Caldwell v. Hawkins, 40 Maine TAXES. 527 55. When a person duly taxed in any town or parish, in what case dies before its payment, or removes therefrom to any collector may ' -' *' sue for taxes. other town or place in the State ; and when an unmarried j^^^j ^ ^^^ woman duly taxed as aforesaid, intermarries before the see ^os, post, payment thereof, the constable or collector may sue for provi.iing for .*..,. T ■ ... 2.' c action of debt. the tax in his own name, and recover it m an action or debt ; but shall recover no costs, unless he demanded it before bringing the action. 56. If any money not raised for a leojal object, is assessed ^ ''J o J 7 Assessments with other moneys legally raised, the assessment shall not not void if be void nor shall any error, mistake, or omission by the I'^ciudes sums ' . . , , ' for an illegal assessors, collector, or treasurer, render it void ; but any object, person paying said such tax, may bring his action against ibid. § lu. the town in the Supreme Judicial Court for the same county, and shall recover the sum not raised for a legal object, with twenty-five per cent, interest and costs, and any damages he has sustained by reason of the mistakes, errors or omissions of such officers. ^^ 57. When the owner of improved lands living in this state, but not in the town where the estate lies, is taxed, CoUeetions and neglects for six months after the lists of assessment non^res^idents are committed to an officer for collection, to pay his tax, of improved, such officer may distrain him by his goods and chatfels, ^*°^' and for want thereof, commit him to jail in the county where he is found or after two months written notice, he may sue him for such tax in his own name in an action of debt.26 58. When the owner or possessor of goods, wares, Taxes on chat- merchandise, horses, mules, neat cattle, sheep or swine, teisof non- resides in. any other town than the one in which such per- ^^^'^^°^- sonal property is kept and taxed, the constable or collector having a tax on such animals for collection may demand it of such owner or possessor in any part of the State, and on his refusal to pay it may distrain him by his goods, and for want, thereof, may commit him to jail in the « Hathaway v. Addison, 48 Maine, 440; Look v. Industry, 51 Maine, 375. «« For law with regard to collection of taxes on real estate of resident owners, see R. S. 1871, c. 6, § 167, et ^eq. and act 1881, c. 1 ; and with regard to assessment of taxes in incorporated places see R. S. 1871, c. 6. § 60, etseq. and acts 1880, c. 2.39, 1881, c. 71; and 61 Maine, 552; 57 Maine, 277; 53 Maine, 505; 63 Maine, 311 : 112 Mass. 218; 6 Pick. 98. 528 TAXES. Collector may demand aid. R. S. 1871, c. 6, §117. Collectors to exhibit ac- count of col- lections once in two months. Ibid. § 118. Collectors re- moved, or about to re- move may be required to give up tax bills. Ibid. § 119. Penalty for refusing to deliver tax bills. Ibid. § 120. county where he is found till he pays it or is discharged by law. 59. Any collector impeded in collecting taxes, in the executions of his office, may require proper persons to assist him in any town where it is necessary, and -any person refusing when so required, shall, on complaint, pay not exceeding six dollars at discretion of the justice before* whom the conviction is had, if it appears that such aid was necessary ; and in default of payment, the justice may commit him to jail for forty-eight hours. 60. Every collector of taxes shall once in two months at least exhibit to the municipal officers, and where there are none, to^ the assessors of his town, a just and true account of all moneys received on the taxes committed to him, and produce the treasurer's receipts for money by him paid ; and if he neglects to do so, he shall forfeit to the town two and a half per cent, on the sums committed to him to collect. 61. When a collector having taxes committed to him to collect, has removed ; or in the judgment of the munici- pal officers^ assessors or treasurer of a town or com- mittee or treasurer of a parish, is about to remove out of the state before the time set in his warrants to make payment to such treasurers ; or when the time has elapsed, and the treasurer has issued the warrant of distress, in either case, said officers or committee of the parish, may call a meeting of such town or parish, to appoint a committee to settle with him for the money he has received on his tax bills, demand and receive of him such bills and discharge him therefrom, and said meeting may elect another constable or col- lector ; and the assessors shall make out a new warrant and deliver it to him with said bills, to collect the sums due thereon, and he shall have the same power in their collection as the original collector. 62. If such collector or constable refuses to deliver the bills of assessment, and pay all moneys in his hands, col- lected by him, when duly demanded of him, he shall pay two hundred dollars to the use of the town or parish as the case may be, and be liable to pay what remains due on said bills of assessment. TAXES. 529 63. When a constable or collector of taxes dies, becomes When collector insane, has a guardian, or by bodily infirmities, is incapa- ^^\ ^21 ble of doing the duties of his office before completing the collection, the assessors may appoint some suitable person a collector to perfect such collection, and grant him a warrant for the purpose ; and he shall have the same power as the disqualified collector or constable ; but no person shall be so appointed without his consent ; and in these cases, the assessors may demand and receive the tax bills of any person in possession of them, and deliver them to the new collector. 64. When it appears that such insane or disqualified g^^^ overpaid constable or collector had paid to the treasurer a larger sum to be restored. than he had collected from the persons in his list, the ^^^' ^ ^^' assessors in their warrant to such new constable or collec- tor, shall direct him to pay such sum to the guardian of such insane, or to such disqualified constable or collector. 65. The state treasurer shall issue a warrant of distress, signed by him, against any constable or collector, to urermayis- whom a tax has been committed for collection, who is sue warrant negligent in paying into the public treasury the money quelTt^treas!" required within the time limited by law ; and direct itHo urer. the sheriff of the county in which such negligent officer lives ^^^-5 ^^• or to his deputy, returnable in sixty days from its date, to cause the sum due to be levied, with interest thereon from the day fixed for the payment, and fifty cents for the warrant, by distress and sale of such deficient officer's real or personal estate, returning any overplus there is, and for want thereof, to commit him to jail till he pays it; and the sheriff is bound to obey such warrant; war- rants not satisfied may be renewed for the amount unpaid to be of like validity, and executed in like manner. 66. If a deficient constable or collector has no estate which can be distrained, and his person cannot be found ^henits cof- within three months after a warrant of distress issues lector fails to from the state treasurer ; or if being committed to jail, jJJlf'iige he does not within three months satisfy it, his town shall, within three months after said three months, pay to the state treasury, the sums due from him. 67. The assessors having written notice from such treasurer of the failure of their constable or collector, 530 TAXES. Assessors in such case to make new assessment. Ibid. § 127. Taxes may be collected by action of debt by town. 1874, c. 232. Additional way to collect state tax on any corpora- tion. 1876, c. 115. Time fixed for payinj? tax ; interest. Act 1876, c. 92. shall forthwith, witliout any further warrant, assess the sum so due upon the inhabitants of their town as the sum so committed was assessed, and commit it to another constable or collector for collection ; and if they neglect so to do, the treasurer of the State shall issue his warrant against them for the whole sum due from such constable or collector, which shall be executed by the sheriff or his deputy, as other warrants issued by such treasurer. If after such second assessment the tax is not paid to the treasurer within three months from the date of the com- mitment, the treasurer may issue his warrant to the sheriff of the county requiring him to levy it on real and personal property of any inhabitants of the town, as here- inbefore provided. 68. In addition^''' to the methods now provided by law for the collection of taxes legally assessed in towns against the inhabitants thereof, or parties liable to taxa- tion therein, an action of debt may be commenced and maintained in the name of the inhabitants of an}^ town to which a tax is due and unpaid, against the party liable for such tax ; provided, however, that no defendant in any such action shall be liable for costs of suit, or any part thereof, unless it shall appear by the declaration in the writ and proof, that payment of said tax had been duly demanded prior to the commencement of such suit. 69. In addition to any remedies now provided by law for the collection of state taxes upon any corporation, such taxes may be recovered by an action of debt, or an action on the case in the name of the State, which action may be brought in any county where such corporation has its place of business, or where the action is against a rail- road corporation in any county, where such railroad cor- poration owns or operates any railroad line or track. The remedies provided by this act may be used for the collection of any such tax heretofore assessed. 70. Whenever a city or town has fixed a time within which taxes assessed therein shall be paid, such city, by its city council, and such town, at the meeting when 27 This statute of 1871, c. 232 construed. Bulfinch v. Benner, 64 Maine, 404; York v. Goodwin, 67 Maine, 260; Vassalborough v. Smart, 70 Maine, 303. TAXES. 531 money is appropriated or raised, may vote that on all taxes remaining unpaid after a certain time, interest shall be paid at a specified rate, not exceeding one per centum per mouth ; and the interest accruing under such vote or votes shall be added to, and be a part of such taxes. 71. The assessors shall continue to be elected on the second Monday in March. At the first election thereof EiecUon of as- under this act, three persons shall be elected assessors, sessors. Their one of whom shall be elected for one year, one for two city charter years, and one for three years ; and at each subsequent § 8. election one assessor shall be elected for three years, each of whom shall continue in oflSce until some other person shall have been elected and qualified in his place. The city council shall elect an assistant assessor in each ward, whose duty it shall be to furnish the assessors with all the necessary information relative to persons and property taxable in his ward ; he shall be sworn or affirmed to the faithful performance of his duty. All taxes shall be assessed, apportioned and collected in the manner pre- scribed by the laws of this State relative to town taxes, e^ept as herein modified ; and the city council may estab- lish further or additional provisions for the collection interest, thereof and of interest thereon. 72. The treasurer of the city of Portland shall also be Treasurer the collector for said city, with* all the powers of collector shau be coi- of taxes under the laws of this State. All warrants Ss/* directed to him by the assessors and municipal oflScers ibid. § 20. shall run to him and his successors in offico^ and shall be in the form prescribed by law, changing such parts only as by this act are required to be changed. The method of keeping, vouching and settling his accounts, shall be subject to such rules and regulations as the city council may establish. Said treasurer and collector shall collect all such uncollected taxes and assessments in whatever year assessed as may be collected during his term of office ; and at the expiration of said term, his powers as collector shall wholly cease ; all sales, distresses, and all other acts and proceedings, lawfully commenced by him as such treasurer and collector, may be as effectually con- tinued and completed by his successor in office as though 532 TAXES. done by himself ; and all tinreturned warrants, which would otherwise be returnable to him, shall be returned to his successor in office. Ordinances. 1. All notices of advertisements of sales of real estate for non-payment of taxes, by the treasurer and Advertisement collector, or Ms dcDuties, in addition to the notices of sale of real ^ . . ^ estate. now required by law, shall be published in one of ^1880, f 1.^* ^^' *^® daily papers of the city, three times successively, previous to the day of sale. Pubucation by 2. It shall be the duty of the city treasurer and treasurer. collcctor, between the first and fifteenth day of March, Ibid. § 2. . . annually, to publish in one of the daily newspapers in the city, a list of all the taxes assessed upon resi- dents amounting to twenty dollars and upwards, then remaining unpaid in the bills committed to him, together with the names of the persons assessed therefor. 3. It shall be the duty of the assessors to make 8or? ^ ^^^^^ ^^^ ^^^ deliver to the Treasurer and Collector at the n)id. § 3. time of the commitment of the warrant for the collec- tion of taxes in each year, tax bills for all taxes assessed upon all resident persons and estates, with the name and residence of the same marked thereon. Duty of treas- ^' ^^^ Treasurer and Collector shall immediately urer and col- issuc the tax bills, and if the same are not paid on or lector. Ibid. § 4. before the thirty-first day of December next succeed- ing the date of the commitment of said bills to him, he shall issue a summons to each delinquent person assessed, and if such person shall not pay his taxes within ten days after the receipt of such summons, or after the service thereof in the usual form, the said Treasurer and Collector shall issue his warrant for the collection of said taxes according to law. Interest. ^* ^^ ^^^ taxes assessed, interest shall be charged at the rate of six per cent, per annum, commencing TAXES. . 533 on the first day of November next succeeding the n>ia. § 5. commitnient of said bills to the Treasurer and Collector. 6. On all taxes paid on or before the thirty-first . Discount. day of October next succeeding the date of the com- ibid. § e. mitment thereof, a discount of three per cent, on the same will be allowed. 7. All ordinances and parts of ordinances incon- sistent with this ordinance are hereby repealed. md. § 7. Tramps, Statutes. 1. Begging prohibited. 2. Tramp defined. Penalty. 3. Fees of officers, &c. 4. Tramps to be punished. 5. Tramp entering a building, &c. Penalty. 6. Tramp injuring a person. Penalty. 7. Evidence. 8. Who may arrest tramps. 9. Special constables. 10. Females and minors. 11. Advertisement. 12. Penalties. 1. No person not a resident of this state, shall travel Begging pro- f^om town to town, or from place to place in any town, hibited. ' ^ ^ , 1878, c. 78. begging for food or shelter, nor shall such person sleep or lodge in any barn or other building without the consent of the owner thereof. 2. Any person violating the provisions of the foregoing Tramp defined, section shall be deemed a tramp, and on complaint of any resident of this State, made before any trial justice or municipal or police court, may be arrested on a warrant is- sued therefor, or maybe arrested by any constable or other officer and detained not exceeding twenty^four hours until such warrant can be obtained ; and upon trial and con- viction, such justice or court may sentence him to pay a ena ty. g^^ ^^ twenty dollars, and in default of payment, he shall be sent by said justice or court to the nearest county jail having a workshop attached, to be there confined at hard labor not less than four months for the first offense, and for any subsequent offense not less than six months. 3. The fees of officers and justices shall be the same as for arrest and trial of common vagrants, except that Fees of offi- cers. the officer's fees for commitment shall be one dollar and TRAMPS. 535 a half for each day necessarily employed and actual expenses of transportation ; all costs to be paid by the state, upon the order of the county commissioners, out of the state pauper fund ; provided, the governor and council shall be satisfied the person confined is a tramp, having no pauper settlement in this State. 4. If any person goes about from place to place Tramps to be begging and asking or subsisting upon charity, it shall be Punished, evidence that he is a tramp, and shall, upon conviction, be punished by imprisonment at hard labor in the state prison not more than fifteen months. 5. Any tramp who shall enter any dwelling house, or rj^j.^^^^ ent^r- kindle any fire in the highway or on the land of another ing a buiid- without the consent of the owner or occupant thereof, or °^' shall be found carrying any fire arm or other dangerous weapon, or shall. threaten to do any injury to any person, or to the real or personal estate of another, shall be pun- ished by imprisonment at hard labor in the state prison not more than two years. 6. Any tramp who shall wilfully and maliciously do ... 4. XI 1 1 Injuring, a any mjury to any person, or to the real or personal es- person, tate of another, shall be punished by imprisonment at hard labor in the state prison not more than five years. 7. Any act of beggary or vagrancy by any person not a resident of this State, shall be evidence that the person Evidence, committing the same is a tramp, within the meaning of this act. 8. Any person, upon view of any offence described in this act, may apprehend the offender and take him before Apprehension , . T . . . 1 -, . . 1 1. of offender. a trial justice, or judge of any municipal or police court having jurisdiction, for examination. 9. The mayor of every city and the selectmen of every town, are hereby authorized to appoint special constables, special con- whose duty it shall be to arrest and prosecute all tramps stables. in their respective cities and towns. 10. This act shall not apply to any female or minor Females and under the age of fourteen years, nor to any blind person, minors. 11. Upon the passage and approval of this act, the secretary of stat^ shall cause printed copies of it to be sent ^7'o tern. shall be chosen. If both are absent, or shall refuse to act, a warden and clerk pro tern, shall be chosen. The clerk shall record all proceedings, and certify the votes given, and deliver over to his successor in office all such records and journals, together with all other documents and papers held by him in said capacity. The voters of each ward may choose two persons to assist the warden in receiving, sorting and counting the votes. All regular ward meetings shall be notified and called by warrant from the mayor and aldermen, in the. manner prescribed by the laws of this State for notifying and calling town meetings by the selectmen of the several towns. 2. In addition to the seven wards, the several islands within the city of Portland are so far constituted a sepa- rate ward as to entitle the legal voters thereon to choose a warden, ward clerk, and one constable, who shall be residents on such islands. They shall hold their ward meetings on any one of the islands which a majority of the qualified voters residing on said islands may designate, and may, on the days of election, vote at the place designated for all officers named in the warrant calling the meeting. The warden shall preside at all meetings, receive the votes of all qualified electors present whose names are borne on the lists ; shall sort, count and declare the votes in open meeting and in the presence of the clerk, who shall make a list of the persons voted for, with the number of votes for each person, and a fair record thereof, in presence of the warden and in open meeting, and a copy of the list shall be attested by the warden and clerk, sealed up in open meeting, and delivered to the clerk of ward number one, within eighteen hours after the close of the polls, to become a part of the record of said ward ; and all votes thus thrown shall be deemed as thrown in and belonging to ward number one. All meet- ings of the voters of said island wai'd, for choice of municipal oflScers, shall, after the business of the meeting is transacted, stand adjourned for two days to determine WARDS. 543 whether an election has been effected ; and adjournments may be had, not exceeding two days at any one time, un- til the election has been effected. If the warden or clerk of said island ward shall be absent at any election, a warden or clerk may be chosen pro teyapore. Or in case of a failure or omission to elect a warden or clerk, said officers may be chosen at any legal meeting duly called in said ward. 3. The several islands^ within the city of Portland, shall so far constitute two separate wards as to entitle the islands to be in legal voters of each of said wards to choose a warden , *«« wards for ward clerk and one constable, who shall be residents on certain offi- said islands and of their respective wards. The first of cers. said wards shall comprise Long Island, Crotch Island, §41 ^'amended* Hope Island, Jewell's Island and Little Chebeague by Act 1879, c. Island, or such parts of said islands as are within the ^^' city of Portland, and the ward meetings of said first ward shall be holden on Long Island. The second of said wards shall comprise the remaining islands within the city of Portland, and the ward meetings of said second ward shall be holden on Peak's Island. The qualified electors of each of said wards may meet as provided in the thirty-ninth section of chapter four of Revised Statutes, and also for the choice of city oflficers, at the place designated, and may, on the day of election, vote for all officers named in the warrant calling tfte meeting. 4. No change in the limits of any ward in any city by wards in cities, the action of the city council, shall be valid unless it is change in tiie approved by a majority of the legal votes cast at the to be made ^ election of city officers, held next after such action of the R.s. i87i, c. 3. city council ; and the warrants for the ward meetings ^ ^' shall contain an article for tliat purpose. Order of City Council. PASSED FEBRUARY 19, 1872. 1. Ordered^ That the present division of the wards of the city, made March 10, A. D. 1862, be changed, and that the following described lines be the boundaries of the same : # » See tiUe "Elections." 544 WARDS. Ward i. Commencing at the harbor at a point parallel with the line of the centre of Waterville Street, thence on such line to the centre of Monument Street, thence on such line to the centre of Mountford Street, thence on such line across Congress Street to the centre of Washington Street and Back Cove Bridge to the channel of Back Cove, comprising all the city territory north and east of this line. Ward 2. Commencing at the harbor at a point parallel with the line of the centre of India Street, thence through the Centre of India Street to Congress Street, thence through the centre of Congress Street to Locust Street, thence through the centre of Locust Street to Cumberland Street, thence through the centre of Cumberland Street to Boyd Street, thence through the centre of Boyd Street to the channel of Back Cove, comprising all the territory between this line and the before mentioned line of Ward One. Ward 3. Commencing at the harbor at a point parallel with the line of the centre of Market Street, thence through the centre of Market Street to Con- gress Street, thence through the centre of Congress Street to a line parallel with the south west line of the lot of land on which the city and county buildings stand, thence on the southwest and northwest lines of said lot to Myrtle Street, thence through the centre of Myrtle Street to the channel of Back Cove, com- . prising all the territory between this line and the before mentioned line of Ward Two. Ward 4. Commencing at the harbor at a point parallel with the centre of Maple Street, thence through the centre of Maple Street to Pleasant Street, thence through the centre of Pleasant Street to Oak Street, thence through the Centre of Oak Street to Congress Street, thence through the centre of Con- gress street to Casco Street, thence through the centre of Casco Street to Cumberland Street, thence through WARDS. 545 the centre of Cumberland Street to Hanover Street, thence throuofh the centre of Hanover street to the channel of Back Cove, comprising all the territory between this line and the before mentioned line of Ward Three. Ward 5. Commencing at the harbor at a point parallel with the line of the centre of Park Street, thence through the centre of Park Street to Congress Street, thence through the centre of Congress street to State Street, thence through the centre of State Street across Portland Street to the creek that divides Portland and Deering, comprising all the territoiy between this line and the before mentioned line of Ward Four. Ward 6. Commencing at the harbor, at a point parallel with the line of the centre of Clark Street, thence through the centre of Clark Street to Pine Street, across Pine Street to West Street, through the centre of West Street to Carle ton Street, thence through the centre of Carleton Street to Confess Street, thence through the centre of Congress Street to Grove Street, thence through the centre of Grove Street to the line dividing Portland from Deering, comprising all the territory between this line and the before mentioned line of AYard Five. Ward 7. Comprising all the ten*itory southwest of the before named line of Ward Six. 2. Ordered, That the foregoing division of the city into seven Wards, shall be in force and take effect from and after the time that it shall have been approved by the legal voters of this city at Ward meetings held for the election of city officers. (The division as above wa^ approved by the lega voters, March 4, 1872.) Watch, and Ward. [See revised Statutes, 1871, chapter 25.] Water. Property of. Powers of. Statutes. 1. Portland Water Company. Purpose of. 2. Portland Water Company. 3. Portland Water Company. water. 4. Portland Water Company. 5. Portland Water Company. 6. Portland Water Company. 7. Portland Water Company. 8. Portland Water Company. erty. 9. Portland Water Company. 10. Portland Water Company. 11. Portland Water Company. 12. Portland Water Company. 13. Portland Water Company. 14. Portland Water Company. rupting water, &c. 15. Portland Water Company. 16. Portland Water Company. men. 17. Portland Water Company. 18. Portland Water Company. 19. Portland Water Company. How long. 20. Portland Water Company. 21. Portland Water Company. 22. Portland Water Company. performance. 23. Portland Water Company. 24. Portland Water Company. Where to take Liability to damages. Capital Stock. Eights of city in. Same subject. Liability for injury to prop- Authority to lay pipes, &c. Same subject. Water supply to Portland. Power of city in the company. Penalty for obstructing streets. Penalty to any person for cor- Erecting dams, &c. Power of mayor and alder- First meeting. May issue bonds. City may exempt from taxes. Contracts binding. Same subject. Court of Equity to compel Board of commissioners. Time for completing work. WATER. 547 Ordinances. 1. Portland Water Company. Contract and consent of city with. 2. Portland Water Company. Permits. 3. Portland Water Company. When streets shall be broken into, &c. 4. Portland Water Company. Damages. 5. Portland Water Company. Control of street commis- sioner. 6. Portland Water Company. When work to be done. 7. Portland Water Company. Obstructions deemed nuisances. 8. Portland Water Company, When pipes are to be relaid at expense of company. 9. Portland Water Company. Penalty for injuring property of the company. Statutes. 1. John B. Brown, St. John Smith, Samuel E. Spring, Actof incor- Rensselaer Cram, Rufus E. Wood, Jacob McLellan, and porationofthe T-» • ^ir /-^i 1 • 1 1 • • T Portland Dennis W. Llark, with their associates and successors, water Com- are hereby made a corporation by the name of the Port- p^^J"- land Water Company, for the purpose of conveying to Approved the City of Portland, a supply of pure water for domestic Feb. 23,1866. and municipal purposes, including the extinguishment of (^^oration fires, the supply of shipping, and the use of manufactur- 1866, c. 159, § 1. ing establishments.! 2. Said corporation may hold real and personal estate necessary and convenient for the purpose aforesaid, not Property, exceeding in amount one million dollars. 3. Said corporation is hereby authorized for the pur- poses aforesaid, to take and hold so much of the waters Powers, where of Lake Sebago as may be necessary for the adequate ib^(i*'§3^^^i^^^' supply of water for the City of Portland, and may also amendment take and hold, by purchase or otherwise, any land or real °^ 1867, c. 364, estate necessary for erecting or maintaining d^ms and reservoirs, and for laying and maintaining aqueducts for conducting, discharging, distributing, and disposing of water, and for forming reservoirs thereof. 4. Said corporation shall be liable to pay all damages ., . , „ 1 . . -. , . , . Liability to that shall be sustained by any persons in their property damages. by the taking of any land or mill privilege, or by flowage, ^^^ ^^ee, c. 159- or excavating through any land for the purpose of laying down pipes, building dams, or constructing reservoirs ; 1 This act by its terms took effect February 23, 1866. 548 WATER. Capital stock. Ibid. § 5. Rigtits of city of Portland. Ibid. § 6, and 1867, c. 364, §2. Continued. 1866, c. 159. Liability for injury to pri- vate property. Ibid. § 8. Authority to lay pipes, &c. Ibid. § 9. and if any person sustaining damage, as aforesaid, and said corporation shall not mutually agree upon the sum to be paid therefor, such person may cause his damages to be ascertained in the same manner and under the same conditions, restrictions and limitations as are by law prescribed in the case of damages by the laying out of highways. 5. The capital stock of said company shall not exceed one million dollars, and shall be divided into shares of one hundred dollars each. Said capital stock shall be applied exclusively to the supply and distribution of water for the purposes set forth in this act. 6. At or after the expiration of six years from the date of acceptance of this act by said corporation, the city of Portland shall have the right to take, exercise and con- trol all the property, rights, powers and privileges of said corporation, on paying to said corporation such sums as may be agreed upon by the city and said corporation ; or in case they cannot agree upon the sum to be paid, such sum shall be fixed upon by three commissioners, who shall be appointed by the supreme court upon the application of said city, and who shall fairly appraise the property and rights of said company, and return their report thereof to the supreme judicial court in the county of Cumberland, which report, when accepted, shall be final and conclusive upon the parties, and the said court may make any orders or decrees, or issue any process, necessary to carry the same into effect. 7. If said corporation shall not be organized and its works put into actual operation within three years from the approval of this act, the city of Portland shall suc- ceed to ^11 the rights and privileges herein granted. 8. Nothing contained in this act shall be Construed to affect or diminish the liability of said corporation for any injury to private property by depreciating the value thereof or otherwise, but said corporation shall be liable therefor in an action on the case. 9. The said company are hereby authorized to lay down, in and through the streets of said city, and to take up, replace and repair, all such pipes, aqueducts, and fixtures as may be necessary for the objects of their WATER. 549 incorporation, first having obtained the consent of the city council therefor, and under such restrictions and regulations as said city council may see fit to prescribe ; and any obstruction in any street of said city, or tak- ing up, or displacement of any portion of any street without such consent of the city council, or contrary to the rules and regulations that may be prescribed as aforesaid, shall be considered a nuisance, and said com- pany shall be liable to indictment therefor and to all the provisions of law applicable thereto; and said company shall, in all cases, be liable to repay to said city all sums of money that said city may be obliged to pay on any judgment recovered against said city for damages occasioned by any obstructions, or taking up, or dis- placement of any street by said company whatever, with or without the consent of the city council, together with the counsel fees and other expenses incurred by said city in defending any suit to recover damages as aforesaid, with interest on the same to be recovered in an action for money paid to the use of said company. 10. Whenever the company shall lay down any pipes or aqueducts in any street, or make any alteration or repairs upon their works in any street, they shall cause the same to be done with as little obstruction to the pub- lic travel as may be practicable, and shall at their own ^^^c^^J^^* expense, without unnecessary delay, cause the earth and pavement removed by them to be replaced in proper con- dition. They shall not be allowed, in any case, to obstruct or impair the use of any public or private drain, or common sewer, or reservoir ; but said company shall have the right to cross, or where necessary, to change the • direction of any private drain in such a manner as not to obstruct or impair the use thereof, being liable for any injury occasioned by any such crossing or alteration, to the owner thereof, or any other person, in an action upon the case. 1 1 . Said corporation shall furnish at all times, to the city water to Port- of Portland, without expense to the city, for use in the ibid. § ii. 550 WATER. public buildiDgs, school houses of the city, and for the extinguishment of fires, such amount of water as may be needful therefor ; the necessary pipes and hydrants for distribution thereof for the purposes named in this sec- tion, being furnished, laid and connected with the pipes of this company at the expense of the city. 12. At any time after the organization of the corpora- Power of city .„_,-,,„ n ., . -, ^ in the com- tion the City of Portland shall be authorized, upon a vote pany. of the city council to that effect, to take and hold in the capital stock of the company an amount not exceeding one-half thereof, upon paying to the company a like pro- portional part of the cost up to such time of all their buildings, works, dams, reservoirs, pipes and other prop- erty, and ten per centum of such proportional part in in addition thereto. The amount so received by the com- pany for the proportional part so taken by the city, shall be distributed and paid over to the other stockholders in proportion to their several interests, and the par value of the several shares held by them shall be reduced accord- ingly. The company shall at the same time create and issue to the city such a number of shares of the same par value, together with a fractional share, if necessar}^, as shall represent the whole amount paid by the city for the proportional part of the capital stock sp taken ; at all meetings of the stockholders of the company the shares held by the city shall be represented by such agent as the city council may, by vote from time to time, appoint, who shall be entitled to cast one vote for every share held by the city, and if said company shall neglect to comply with the provisions of this section for the space of one • month after an offer and request from the mayor to that effect, all the rights and privileges of said company shall wholly cease and be of no effect ; and in the event of a disagreement between the said company and the city as to the cost, up to the time of such offer, of the property of said company as herein before set forth, then upon application of said city the same shall be determined by commissioners appointed in the same manner as is pro- vided in the sixth section of this act, whose report when accepted by the supreme judicial court shall be final and WATER. 551 conclusive as to the amount of cost up to such time of the property of said company. 13. If said company or any of their servants or officers employed in effecting the objects of the company shall Penalty for ob willfully or negligently place or leave any obstruction in g^^eC^c. any of the streets of Portland, beyond what is actually . iDia. § 13. necessary in constractmg their works, laying down, tak- ing up, and repairing their pipes and fixtures, or shall wilfully or negligently omit to repair and put in proper condition any street in which the earth or pavement may have been removed by them, the company shall be sub- ject to indictment therefor in the same manner that towns are subject to indictment for bad roads, and shall be holden to pay such fines as may be imposed therefor, which fine shall be collected, applied and expended in the same manner as is provided in case of the indictment aforesaid against towns, or may be ordered to be paid into the treasury of the city. If any person shall suffer injury in his person or property by reason of any such negligence, wilfulness or omission, he shall be entitled to recover damages of the company therefor, by an action on the case in any court of competent jurisdiction. 14. Any person who shall maliciously injure any of the penalty for m- property of said company, or who shall corrupt the waters juring prop- of said creek or any of its tributaries, or render them in l^^I^l ^^ any manner impure, or who shall throw the carcasses of waters, dead animals or pther offensive matter or materials into ibid. §i4. the waters of said creek or its tributaries, or leave the same upon the same when frozen, or who shall in any manner wilfully destroy or injure any dam, reservoir, aqueduct, pipe, hydrant, or other property held, owned or used by said corporation for the purposes of this act, shall pay three times the amount of damages to said com- pany, to be recovered in any proper action ; and every such person, on conviction of either of said acts, shall be punished by fine not exceeding five thousand dollars, and by imprisonment not exceeding one year. 15. If in the erection and construction qf the works Erecting dams, herein provided for, it shall become necessary to erect *^* •' Ibid. § 15. 34 men. Ibid. § 16. 552 WATER. ^ any dam or permanent works over tide waters, the said company is hereby authorized to erect, construct and maintain the same, first having the authority, in writing, of the harbor commissioners of Portland harbor therefor, and the approval of the city council of said city. Power of May. l^- The mayor and aldermen, for the time being, shall or and alder- at all times have the power to regulate, restrict and con- trol the acts and doings of said corporation, which may in any manner affect the health, safety or convenience of the inhabitants of said city. 17. The first meeting of said corporation may be called First meeting, by a notice signed by any two of the corporators, pub- ibid. § 17. lished five days successively before the day fixed for such meeting, in any newspaper published in Portland. Corporation 1^* The said corporation may issue its bonds for the may issue construction of its works, upon such rates and time as it aTi^t c 364 ™^y deem expedient, not exceeding in all the sum of § 3. eight hundred thousand dollars, and secure the same by a mortgage of the franchise and property of said com- pany. ^ City may ex- 19. The citv couucil of the city of Portland, may, by a«on foTsix^ ^^^^ exempt any property of said corporation not now in years. existen(?e, from taxation for the term of six years. Ibid. § 4. 20. Any contract or stipulations which may be made An act addi- by the city council of Portland on behalf of said city, and water Com- ^^^ Portland Water Company, as a condition of giving pany ciiarter. the couseut of said city council, required in the ninth Contracts bind- section of chapter one hundred and fifty-nine of the 1^8, c. 497. special laws of the year one thousand eight hundred and sixty-six, entitled, "an act to supply the people of Port- land with pure water," shall be binding on the parties thereto. Same subject. 21. The city couucil may embody such conditions and Ibid. § 2. stipulations as may be agreed upon by said parties, and may be deemed necessary to protect the interest of the inhabitants of said city, in the ordinance by which the consent required in said ninth section shall be given, and such ordinance shall be binding on said water company. But nothing in such ordinance contained shall relieve said « Act of 1867, c. 364, took effect, by its terms, Feb. 26, 1867. WATER. 553 company from any of the duties and liabilities imposed by said act to which this act is additional. 22. In addition to all legal remedies which may at any court of equity time exist, the supreme judicial court shall have juris- to compel per diction in equity, to compel the performance of all such j^j^j g 3 conditions and stipulations, or of any contract or agree- ments made by said city and said company by virtue of such conditions and stipulations ; and for this purpose it may grant injunctions and make decrees of specific per- formance by said company of such conditions, stipulations and contracts, upon a summary hearing, and from time to time modify such injunctions and decrees as the case may require, in accordance with the rules and practice in equity proceedings in relation to injunctions. 23. After the city council of Portland shall have given its consent for said company to lay their pipes in the Bo^rd of com- streets as provided in section nine of the act aforesaid, missioners. and shall have entered into a contract with the said com- ^^^^ § 4 pany as authorized to do by this act, the mayor and aldennen of said city, at any time thereafter, may and are hereby authorized and empowered to appoint a board of commissioners, consisting of three citizens of Portland, whose duty it shall be to see that the regulations made by virtue of said act, and the terms and conditions agreed upon between the city and said company are punctually observed and performed. Such commissioners shall be appointed by nomination by the mayor and confirmation by the board of mayor and aldermen. One shall be ap- pointed for one year, one for two years, and one for three years, so that one shall go out of office annually at the same time at which the term of office of mayor expires^ When the term of any commissioner expires, a new ap- pointment shall be made in the same manner for the term of three years. When a vacancy occurs in any manner, an appointment shall be made for the balance of the term. 24. The time allowed by law to said company for the ,j,^^^ ^^^. ^^^^ completion of its work is hereby extended two years from pietion of the passage of this act. ST.^!^^' ^ ° Ibid. § 5. 554 WATER. Ordinance, March 3, •sConh-act and consent. Ordinances.^ 1. The Portland Water Company are authorized to lay down in and through the streets of the city of Portland, and to take up and repair all such pipes, aqueducts, and fixtures as may be necessary for the objects of their incorporation, subject to all the re- quirements of their charter and the additional act approved February 14, 1868, and to the conditions of the following agreement, which is hereby incor- porated into this ordinance as a part thereof, and as a condition of the consent hereby given. This memorandum of an agreement made and entered into at Portland, this twenty-eighth day of February, A. D. 1868, by and between the city of Portland, of the first part, and the Portland Water Company, a corporation established and organized under the laws of the State of Maine, party of the second part, witnesseth : That in consideration that the city of Portland doth hereby consent that the said Portland Water Company may lay down its mains and pipes in the city of Port- land, subject to all the conditions and limitations and liabilities imposed in the charter of said company, which are as follows, viz : The said company are authorized to lay down in and through the streets of said city and to take up and repair all such pipes, aqueducts, and fixtures as may be necessary for the' objects of their incorpora- ation, the consent of the city council being given thereto under the followino: restrictions and regula- tions, and subject to the following agreements : Said company shall be liable in all cases to repay to the city all sums of money that said city may be obliged to pay on any judgment recovered against said city for damages occasioned by aiiy obstructions, •or taking up or displacement of any street by said com- 8 See ordinance as to taking water from reservoirs. Ord. 1, title "Fire." WATER. 555 pany, whatever, with or without the consent of the city council, together with counsel fees and other expenses incurred by said city in defending any suit to recover damages as aforesaid, with the interest on the same, to be recovered in an action for money paid to the use of said company ; and whenever the company shall lay down any pipes or aqueducts in any streets or make any alteration or repair in their works in any street, they shall cause the same to be done with as little obstruction to the public travel as may be practica- ble, and shall at their own expense, without unneces- sary delay, cause the earth and pavement removed by them to be replaced in proper condition ; they will not in any case obstruct and impair the use of any private or public drain, common sewer or reservoir or gas i^ipe, but said company shall have the right to cross, or when necessary, to change the direction of any private drain in such manner as not to obstruct or impair the use thereof; being liable for any injury occasioned by any such crossing or alteration to the owner thereof, or any other person injured, in an on action the case. The said company on its part, doth hereby cove- nant and agree with said city as follows : First, Said corporation shall furnish at all times to the city of Portland, without charge to the city, for use in public buildings and school houses of the city, and for extinguishment of fires and other strictly municipal purposes, such amount and volume of water as may be needful therefor; the necessary service pipes and hydrants for distribution thereof for the purposes aforesaid being furnished, laid, and con- nected with the pipes of this compan}^ at the expense of the city, and will also supply, upon the same con- ditions, free from charge to the city, the water for three public fountains, the regulation of the supply of water from the fountains to be under the joint 556 ■ WATER. control of the water commissioners of the city, and the president of the company. Second. The water shall be introduced into the city from Sebago Lake, by a twenty-inch hydraulic main, so as to supply the hydrants, within two years from January 1st, A. D. 1868. Third. A reservoir or reservoirs shall be con- structed on Bramhall's or Munjoy Hills, of the capacity of 16,000,000 gallons, and the higher elevations on Bramhall and Munjoy shall be supplied by a stand- pipe or by gravitation directly from the mains, in a manner satisfactory to engineer of the city. The capacity of the reservoir shall be increased from time to time when necessary to meet the requirements of increased consumption. Fourth. For city distribution, in addition to the twenty-inch mains, there shall not less than 5,000 feet of sixteen-inch pipe, 5,000 feet of twelve-inch pipe, 5,000 feet of ten-inch pipe, 10,000 feet of eight- inch pipe, 40,000 feet of six-inch pipe, and 10,000 feet of four-inch pipe. Fifth. In the event of reasonable ground of com- plaint of want of supply to more sparsely populated portions of the city the city council shall decide upon the feasibility and necessity, and the company shall lay its mains wherever the city council shall decide it reasonable to require it under all the circumstances of the case. Sixth. The rate charged to the water takers shall be reasonable as compared with the rates in other cities, with due consideration to the cost and income of the works ; and in case of excessive or exorbitant rates, shall be liable to correction by the supreme judicial couii;, under the equity powers conferred on the court by the act of February 14, 1868, and for manufactories and other similar large consumers the maximum rates shall be fixed by the city and the WATER. 557 company, and in case of their disagreement, by the three commissioners appointed by the supreme judi- cial court. The works shall be constructed under the super- vision of an engineer appointed by the city, who shall confer with the engineer of the company as the work progresses, and in case of disagreement a third engineer shall be selected, whose decision shall be final. In witness whereof, the said Portland Water Com- pany hath hereto, by its president, thereto duly authorized, affixed the name and seal of said company, the assent of said city being given in the ordinance in which this agreement is incorporated. The Portland Water Company, > Corporated seal by G. F. Shepley, President. 3 of the Company . Approved March 3, 1868. Aug. E. Stevens, Mayor. 2. The following regulations and restrictions are prescribed and established for the laying down, Keguiations of taking up, replacing and repairing all pipes, aque- ^atercom- ducts and fixtures by the Portland Water Company, pany- in and through the streets of the city, pursuant to the provisions of section nine of the charter of said company, approved February 23, 1866. Said company, before making any excavation obstruction, or displacement in any street of the city, for the purpose of laying down, taking up, replacing or repairing any water pipes, aqueducts, or fixtures, shall first obtain wiitten permission to do so from the commissioner on streets. Applications for such per- mits shall be made in writing, and shall specify the street or streets in which the work is intended to be done, and the points of commencement and termina- tion of the same. Said permits shall not ])e valid unless Permits- 11,, , , ^, .« Ord. April 19, countersigned by the mayor who shall specify on 1874. which side of the street the pipe is to be laid. When 558 WATER. work is completed, said company shall give notice thereof in writing to the street commissioner, who shall proceed immediately^ to examine the manner in which said work has been done, and if the same has been done to his satisfiiction, he shall certify the fact to the company ; otherwise he shall notify the com- pany what further repairs are required, and said company shall thereupon thoroughly and completely repair the same to the satisfaction of said commis- sioner on streets. 3. No street or sidewalk, or any part thereof, shall When streets ^^ ^^^S ^P ^^ broken into, for the puipose of laying shaiibebrok- service pipe, between the first day of December and iwdTa.*'"' ^^® fifteenth day of April of each year, without the permission of the mayor and aldermen, in writing, under a penalty of twenty dollars and a further pen- alty of twenty dollars for each and every day or part of a day that the work is in progress . Nor shall the streets nor any part thereof, be dug up or broken into for the laying of main pipes, between the first day of Novem- ber and the first day of May in each year, under a penalty of twenty dollars for each ofiense, and a further penalty of twenty dollars for every day or part of a day that the work shall be in progress, or the street remain broken as aforesaid. Nor shall any street or any part thereof be dug up or broken into before the water pipes are prepared and placed in the vicinity ready to be laid down. 4. Said company shall be liable for all damages occasioned by the digging up and opening any street, or obstructions therein by said company, as follows, viz : For all or any such works done before the first day of November, they shall be liable for all damages occasioned thereby, for the space of sixty days from, and after the approval certified as aforesaid by said commissioner, and for all or any such w^orks done after said first day of November, they shall be liable Damages, Ibid. § 3. WATER. 559 until the fifteenth day of the June next following, of each year. 5. All said work shall, during its progi-ess, be subject to the control of said street commissioner ; and said company, its servants, contractors, and control of ^ *^ . . . , street commis- agents shall strictly observe all directions given by gioner. him for the protection and convenience of the public. ^^^S*- All excavations and obstructions made in any street by said company, shall be well railed in and lighted after dark, so as to protect all persons from damage and accident thereby. 6. Whenever any street, or any part thereof, is taken up for purposes aforesaid, said company shall when work to perform the work proposed to be done, with all ibid. §5. convenient despatch, and as soon as the same is done they shall repair such street and put the same in as good condition as it was in before such taking up, and shall cause all surplus earth, stones, materials, and rul)bish to be immediately removed from the street ; and whenever such street, or any part thereof, or any pavement thereon, shall thereafter settle or become out of repair by reason of the works aforesaid, the said company shall thoroughly and completely repair the same, to the satisfaction of said commissioner of streets. In case said company refuse or neglect to repair the same, after one day's notice therefor by said commissioner, he shall proceed to repair the same at the expense of said company. 7. Any obstruction, taking up, or displacement of ,• n . . J jji tj« Obstructions any portion 01 a street contrary to these regulations, deemed nui- >hall be considered, and is . hereby declared to be a nances. nuisance.. xu ^ so 8. Whenever any of said pipes, in laying them do^vn, shall come in contract or interfere with any when pipes re- i)ublic drain or sewer, said pipes shall be laid under ^^^^ ^' ®^* * . . pense of com- or over such drain or sewer, unless in the opinion of pany. the committee on drains and sewers, it shall be "'^^S"- 560 WATER. necessary to change the direction of such drain or sewer, in which case the same shall be done by said company at their .expense, under the direction and to the satisfaction of said committee. 9. Any person, who within the limits of the city ^juHngproVer- ^^ Portland, shall wilfully or maliciously destroy or tyof the com- injure any dam, reservoir, aqueduct, pipe, hydrant, ord!^oct.i3, or other property held, owned, or used by said 1870. company for the purpose of which said company was chartered, or shall throw or deposit, or cause to be thrown or deposited, in any reservoir, fountain, or pipe, held, owned, used by, or connected with the works of said company, or used in supplying the city or the citizens of Portland with water, any animal, vegetable, or mineral substance, or shall otherwise corrupt the water therein, or render the same impure, shall, upon conviction of either of said acts, be" pun- ished by a fine not exceeding one hundred dollars for each offence. Watering Trouglis, Statutes. 1. Watering troughs, abatement for. 1. A town, at its annual meeting, may authorize its assessors to abate three dollars from the tax of any inhab- "^a*®^"^^ •^ . troughs, itant, who shall construct, and during the year keep in abatement for. repair a watering trough beside the highway, well supplied ^- s.,i87i,q.i8, with water, the surface of which shall be two and a half feet or more above the level of the ground, and easily accessible for horses and carriages, if the assessors think such watering trough for the public convenience. If more than one person in a surveyor's district claim to furnish it, the municipal oflScers are to decide where it shall be located. ^ 1 Eastport v. Hawkes, 15 Maine, 155. Weighers and Gangers.' Ordinances. 1. One or more weighers and gangers to be appointed. To be sworn. 2. Duties. 3. Fees. 4. To pay for use of city scales. 5. Persons not autliorized, acting. Penalty. 1. There sfiall annually be elected by the city One or more . i r. t»*- i weighers and council, m the month of March, one or more city gangers to be ^ejo^hers and ffauo'ers, who shall be sworn to the appointed. o & & ' ^ • /T» 1 To be sworn, faithful performance of the duties of said office, and ' who shall continue in office until removed, or until a successor is elected and qualified. 2. It shall be the duty of said weighers and gangers Duties. when thereto requested by the owner, to weigh or gauge, as the case may be, the contents or capacity of any pipe, hogshead, tierce, barrel, cask, box and other vessel or article, and mark the contents and tare, and outs, as the case may be, and the initials of his name and office on each such vessel or article he shall so weigh or gauge. 3. Said weigher and ganger shall be entitled to charge and receive in full for his services aforesaid, the following fees for weighing, viz : seventeen cents for each pipe or hogshead, twelve cents for each tierce or box, eight cents for each barrel, twenty cents per ton for other articles, and the following fees for gauging, viz: ten cents for each pipe or hogshead, eight cents for each tierce, four cents for each barrel or cask, and three cents for ascertaining and marking 1 See titles "Hay," and "Weights and Measures." Ibid Ujid. WEIGHERS AND GAUGERS. 563 % the outs of each cask, when the same is not gauged at the same time. 4. Weighers and gangers shall pay to the citj treasurer, to the use of the city, as compensation for w^^g^^^rs and •^ ^ gaugers shall the use of the city scales, one and a half cents for each pay for use of pipe or hogshead ; one cent for each tierce or box ; orJ,^^y^2i, o ne-half cent for each barrel ; and two cents per ton i^ss, and Rev. for all other articles weighed with said scales. 5. Any person, not duly authorized as city weigher persons not au- and orauorer who shall exercise that office by weiofhino: t^ori^ed, act- f=> o f -^ » o ing. Penalty. or gauging any cargo or parts of cargo of any foreign ord., Aug. 7, merchandize, requiring a city weigher or ganger, or q^' ^°^^^' shall exercise or perform the duties of weigher or ganger in any manner for fees or hire, shall for every such violation of this ordinance, forfeit and pay a sum not exceeding thirty dollars to the use of the city. Weights and Measures, Statutes. 1. Town seal and standard of beams, weights and measures to be kept by treasurers. Same to be sealed once in ten years ; penalty for neglect, and how recovered and ap- propriated. 2. Appointment of sealers by municipal officers of towns ; penalty for neglect, and how recovered and appropri- . • ated. 3. Penalty for sealer not accepting office and taking oath. Sealer to have custody of standards and seals, and be accountable for their preservation and re-delivery. 4. Duty of town sealer; penalty for neglecting the same, and how appropriated. 5. Dearborn or Hills' steelyard, or the Fairbanks' scale may be used, provided they are sealed. 6. All measures, for articles sold by heaped measure, shall be conformable to public standard. Penalty for selling • by beams, weights or measures not sealed, and how appropriated. 7. Twenty-five pounds shall be a quarter; four quarters, one hundred ; twenty hundreds one ton ; and articles, sold by tale, shall be by decimal hundreds. 8. Fees of weighers. 1. The treasurers of towns, at the expense thereof, Town seal and shall constantly keep a town seal, and, as town standards, beams^ ^ ^ Complete set of beams, weights, and copper and pewter weights and measul'es, conformable to the State standards, except keptTy 'tr*^a^8^ that the bushel measure, and the half bushel, peck and half urers, &c. peck measures may be of wood instead of copper or pewter, R. s„ 1871, c. 43, but of the same dimensions, and except also a nest of troy weights other than those from the lowest denomination to eight ounces ; they shall cause all beams, weights and measures, belonging to their towns, to be proved and sealed by the State or county standards once in ten years. WEIGHTS AND MEASURES. 565 computing from July fi«t, eighteen hundred and forty ; and for every neglect of duty as aforesaid they shall forfeit one hundred dbllara, half to the use of the town, and half to the use of the person suing therefor. 2. The municipal oflScers of each town shall annually appoint a sealer of weights and measures therein, remov- Appointment able at pleasure and have power to fill any vacancy that °^ sealers, &c. occurs; and for each month's neglect of this duty, they ibid. §5. shall severally forfeit ten dollars, to be appropriated as in the preceding section. Any city may purchase and keep for use scales for weighing hay and other articles, appoint weighers and fix their fees, to be paid by the purchaser. 3. If any person, so appointed and notified thereof, refuses for seven days to accept the office and be sworn, pgj,^jj^ j^j. he shall forfeit five dollars; but when sworn, he shall sealer not ac- receive the standards and seal from the treasurer, giving ^Pttn? o^ce, a receipt therefor, describing them and their condition, and therein engaging to re-deliver them at the expiration of his office in like good order ; and he shall be account- ^ able for their due preservation while in his possession. 4. Every such sealer shall annually, in the month of _ •^ *^ ' Duty of town May, post notices in different parts of his town stating the sealer; penal- times and places* at which he will attend to the proof and tyfor negiecr sealing of weights and measures ; shall deface or destroy ated. all weights and measures that are not or cannot by him „ .^ , - , -' Ibid. § 7. be made conformable to the standard ; shall visit the houses of innholders, the warehouses and stores of mer- chants, and the dwelling houses of such other inhabitants, as neglect to send to him their weights and measures, and there prove and seal the same ; and every sealer neglect- ing any duty herein required of him, and every person neglecting or refusing to have his weights and measures proved and sealed as aforesaid, shall forfeit ten dollars, to be appropriated as in section one of this chapter. 5. In all cases of weighing, the vibratinoj steelyard What scales invented by Benjamin Dearborn, or the vibrating steel- may be used, yard invented by Benjamin Dearborn and improved by *<^' Samuel Hills, or the Fairbank's scale, may be used ; but iwd. § s. before being offered for sale, or used, each beam and the poises thereof shall be sealed by a public sealer of weights and measures, appointed according to law. Ibid. § 10. 566 WEIGHTS AND MEASURES. Measures, for 6. All measures, by which •I'uit and other things, byheapecf^ usually sold by heaped measures, are sold, shall be con- measure, shall formable in capacity and breadth,' to the public stand- ^bi^T^*^r"d ^^^ ' ^^^ ^^ ^^y person otherwise sells and exposes ard. to sale any such fruit or other thing, any goods or Ibid. § 9. commodities whatever by any other beams, weights, or measures than those proved and sealed as aforesaid, he shall forfeit for each offence not less than one dollar nor more than ten dollars ; one-half to the use of the town, and the other to the sealer, or to him who prosecutes therefor. Twenty -five 7. Such articles as are sold or exchanged in any pounds shall market or town in this State by gross or avoirdupois ^e^aquar er, ^gjgj^^^ shall be sold or exchanged as follows : twenty-five avoirdupois pounds constitute one quarter ; four quarters, one hundred ; and twenty hundreds, one ton ; and all other articles, usually sold by tale, shall be sold by deci- mal hundred. 8. The fees of sealers of weio-hts and measures for of weights and trying and proving beams, weights and measures by the measures. town standard, shall be as follows, to be paid by the person for whom the service is rendered : for a platform or hay scale weighing six thousand pounds or more, one dollar ; for one weighing one thousand pounds and under n^fTs^iT ^^^^ ^^"^ thousand, fifty cents ; for a platform scale weighing six hundred pounds and under one thousand, twenty-five cents ; for one weighing less than six hundred, ten cents ; for any other scale or steelyard that w^eighs with a poise, five cents ; for each dry measure and for all other weights, measures, scales or beams, three cents each ; and a reason- able compensation for all repairs, alterations and adjust- ments necessary to make the same conformable to the town standard. Weigher of Hard Coal. Statutes. 1. Coal to be sold by weight, &c. 2. Weighers to be appointed and sworn. 3. Coal to be weighed by sworn weighers before sale, when not sold by cargo. Parties may agree upon weight. Ordinances. 1. Weigher of hard coal to be chosen. 2. Duties. 3. To examine and prove scales used by hfm. 4. To give public notice of scales not sealed. 5. Not to use scales unless sealed. Penalty. 6. Penalty for dealer in coal, refusing weigher to prove his scales. 7. Compensation. Statutes. 1. Anthracite, bituminous, or other mineral coal, shall coaitobesoid be sold by weight; and two thousand pounds thereof, ^y weight, &c. , „ , , R. S., 1871, c. 41, shall be a ton. gii 2. The municipal officers of towns shall annually ap- point weighers of such coal, who shall be sworn, and Weighers of receive such fees as said officers may establish to be paid ^^^^ ^^}^^ ^]^' •^ '■ pointed and by the buyer. sworn. 3. Unless the coal is sold by the carofo, the seller shall, ^^'V ^ ^r •^ *=^ ' ' Coal to be on request or the purchaser, cause the same to weighed weighed by by a sworn weigher, who shall make a certificate of the ^^'^^° Aveififher be- weight thereof ; and the seller shall not maintain a suit fo^ sale, for the price of such coal unless he had delivered such when not sold certificate to the buyer before its commencement. ibi^?§^3?and Act, 1879, c. 142. Ordinances. 1. There shall be chosen, annually, by the city rrr • u . ^ council in convention, a suitable person as weigher of coai to be hard coal, who shall be sworn to the faithful diseharore chosen. Rev. Ord., 1868. 35 568 WEIGHER OF HARD COAL. of the duties of said office, and who shall be remova- ble by vote of the city council ; and in case of a vacancy in said office, the city council shall choose a suitable person to fill the same. 2. It shall be the duty of the weig*her of hard coal, when thereto requested, carefull}^ to weigh or superin- tend the weiorhino^ of hard coal, sold in the city, and Ibid. . . . deliver to the driver or person taking away such coal, for each load he may weigh or superintend, as afore- said, a ticket by him signed, certifying the quantity such load contains, and the names of seller and purchaser ; and he shall keep an office in some convenient place in the vicinity of the principal coal yards in the city, where he can be found, for the performance oT the duties of his office. 3. The Aveigher of hard coal shall, from time to time, as often as once a month carefully examine, try '^p'^rovrSeT'^ and prove all scales used by him or under his super- used by mm. intendence for weighing hard coal ; and if upon any Ibid. examination and trial, it shall be found that such scales are not conformable to the legal standard, he shall give immediate notice thereof, in writing, to the owner or keeper of said scales, therein requesting him to have the same regulated and sealed forthwith. 4. In case said owner or keeper shall refuse or Te give public neglect to have the same tried, proved, and sealed by notice of the public sealer of weio:hts and measures, for the scales not ^ i • 'j. i n sealed. space of tweuty-four hours after such notice, it shall be the duty of said w^eigher forthwith to give public notice thereof, in two of the city daily papers, pub- lished in this city. 5. Said weigher is hereby forbidden from using Not to use gjjj^i scales, or cert if vino: the wei^^ht of coal, weiahed scales unless ? ./ o o • & sealed. therewith, until the same shall have been tried, proved and sealed as aforesaid ; and for any neglect of duty aforesaid, or violations of the provisions of this ordinance, said weigher shall forfeit and pay not WEIGHER OF HARD COAL. 569 less than two dollars for each load of coal he shall weigh therewith, until the same shall be sealed as Penalty, aforesaid, one-half of said penalty to enure to the prosecutor, and the other half to the city. 6. If any dealer in hard coal in this city, after being requested by any person purchasing coal of ^deTiS'hl'coai, him, shall refuse permission to said weigher to weigh refusing said coal upon his scales, he shall forfeit and pay five profe ws^ dollars for each time he refuses such permission to said weigher, one-half thereof to the city and the other half to the complainant. 7 . Said weigher of hard coal shall receive such fees for his services as shall be from time to time estab- compensauon. lished by the mayor and aldermen, to be paid by the person requesting his services. scales, njid. Weigher of Plaster. Ordinances. 1. "Weigher of plaster to be elected. 2. His compensation. 3. City to provide scales. 4. Bonds to be given. 1. There shall annually be elected, by the city Weigher of council, a Suitable person as weigher of plaster, who plaster to be ^ . , ® . elected. shall be swom to the faithful discharge of the duties Rev.Ord.l868.^f y^^^^^^ 2. The weigher of plaster shall receive for and in full compensation for weighing plaster, seven cents per ton, to be paid by the purchaser for whom the services are performed. 3. Scales suitable for weighing plaster shall be pro- ( City to provide vidcd by the city, for the use of which, the weigher sea es. ^£ plaster shall pay the city treasurer one-seventh ^^^' part of all monies received by him for weighing. 4. The weigher of plaster shall give a bond in the Bonds to be sum of ouG hundred dollars, to be approved by the given. mayor and aldermen, for the faithful performance of njid. his duty, and for the payment of such sums as shall be due to the city for the use of the scales. Wells and Pumps. Ordinances. 1. Penalty for injury to pumps. 2. Penalty for taking water from pump or well, or wasting the same. 1. If any person shall wilfully or carelessly break, Penalty for in- . . ,% . „ ., ,11 jurytopumps. miure or deftice any pump m a well, partly or wholly J X ^1, i- ^r -^ 1. ^ n ^ ^ -^ A ^^- Ord. 1868. made at the expense oi the city, he shall lorteit and pay a sum not less than one nor more than ten dol- lars for each offence, and shall be further liable to the action of the city for all damages done by him to such pump. 2. No person shall at any time take more water from any of the wells aforesaid than he may want for Penalty for ^ •' *^ taking water immediate use, nor shall take water from such well, from pump or unless it be into some cask or other vessel, nor shall ^^ tiie^sa^e! in any manner waste the water of such well, under a penalty of not less than one nor more than ten dollars for each offence. "Wharves/ Statutes. 1. Wharves, extension of prohibited below low water mark, without consent. Not to be extended beyond harbor commissioners' line. 2. Notice for construction of wharves required. 3. Atlantic and St. Lawrence wharves beyond commissioners line. Order. 1. Wharf line established. Statutes, whan^es not to 1. No existing wharf in Portland shall be extended extend below • ^j^ harbor a greater distance below low water mark low water ^ mark, without than the same now exists, and hereafter no such new consent. ^harf shall be extended below low water mark into the City charter, §22. harbor without, in either case, the written assent of the Not to be ex- jQ^yQ^. ^nd aldermen. No wharf or incumbrance shall tended beyond "^ harbor com- hereafter be erected or extended into said harbor beyond missioners' the harbor commissioners' line.^ 2. When the construction or extension of a wharf in Notice for con- ^^^^^ waters in any city is desired by the permission of structionof the city authorities, they shall require the applicant to qSred!^^^ give fourteen days notice thereof by publication in two R.s.,i87i,c.i7, newspapers, before acting upon it. !T' ^ .c 3. The Atlantic and St. Lawrence Railroad Company Atlantic and St ^ . "^ Lawrence and its lessees, are hereby authorized to build and main- wharves to be tain in the waters of Portland harbor, and in front of yond commis- ^ny lands now owned or leased by said parties or which sioners'iine. may be hereafter purchased or leased, a wharf or wharves Fei). 4. ' extending into said waters to a distance not exceeding 1 Act of 1876, § 78, provides in general for proceedings in regard to wharf lines, but is made not to apply to Portland Harbor by private laws, 1876, c* 78. See title "Harbor of Portland." See also Act, 1853, c. 167, § 1. 2 The legislature has power to establish lines in a harbor and to declare any wharf a nuisance which extends beyond such line. Commonwealth v. Alger, 7 Cushing, 53. WHARVES. 573 two hundred feet beyond the harbor line eastward of Gait's wharf, provided that the consent of the harbor commissioners of Portland or the city council of Portland shall first be obtained. Order. In Boa^d of Aldermen, October 11, 1854. 1. Ordered^ That the following described line be, and the same hereby is fixed and established as the ^^a^f une es- •^ . tabUshed. wharf line or limit of construction on the north side of Portland harbor, beyond which no wharf shall hereafter be constructed or extended in said harbor, within the limits bounded by said line, to wit i^ Commencing at the eastern corner of the Gas Com- pany's wharf, next above Portland bridge, in a straight line to the southern corner of the end of Robinson's w^harf, and along the end of it to the eastern corner, thence in a straio^ht line to the southern corner of the This is changed C5 as noted be- end of Central wharf, and along the end of it to the low. eastern corner ; thence in a straight line to the south- ern corner of the end of Custom House wharf, and along the end of it to the eastern corner ; thence in a straight line to the southern corner of the end of Railway wharf, and along the end of it to the eastern corner; thence in a straight line to the southerly comer of the end of St. Lawrence wharf, and along the end of it to the eastern corner ; thence parallel to the straight portion of the outside railroad track, to the shoals to the southward of Fish point, as defined in a copy of a plan of Portland harbor, made by the United States coast survey, in 1853. • 3 See important change made in Harbor Commissioners' line, act 1881, February H. This act Is printed under title " Harbor of Portland," in note to section one' Wood, Bark and Oliarcoal. Statutes. WOOD. 1. Dimensions of a cord of wood. 2. Penalty for selling without survey. 3. How wood, brought by water, shall be measured. 4. Ticket required. 5. Penalty for fraudulent stowage. CHARCOAL. 6. How charcoal may be measured and sold. 7. Coal baskets to be sealed ; dimensions. 8. Penalty. 9. Seizure of unlawful baskets. 10. Penalty for refusing to give certificate. Ordinances. 1. Measurers of firewood and bark to be chosen. To be sworn. Vacancies to be filled. 2. Measurement to be in two branches. Of wood and bark brought into the city by carts, &c. Of same by water or railroad. City divided into two districts. 3. Duties of measurers. To give tickets certifying measure, &c. To keep record of tickets issued. To make annual report to city council. 4. Teams with wood or bark not to stand in streets longer than ten minutes. Cattle not to be fastened to post, &c. Team not to be fed in streets. Wood not to be unloaded or piled in market, if any. 5. Penalties. 6. Mayor and aldermen to appoint person to seize charcoal baskets. Statutes. WOOD AND BARK. Dimensions Of ^' Towns may, by ordinance, regulate the measure and acordof wood, sale of wood, coal and bark therein, and the location of ' " ' '^' 'teams hauling the same; and enforce it by reasonable penalties. 1 All cord wood exposed to sale shall be four 1 Contract for sale of wood less than four feet long is not void ; where there is no surveyor, parties may appoint one. Coombs v. Emery, 14 Maine* 404. As to hard and soj^ wood, see Darling v. Dodge, 36 MainCj 370. « WOOD, BARK, CHARCOAL. 575 feet long including half the scarf ; and well and closely laid together ; a cord of wood or bark shall measure eight feet in length', four feet in width, and four feet in height, or otherwise contain one hundred and twenty-eight cubic feet ; and the measurer shall make due allowance for refuse or defective wood, and bad stowage. 2. If any firewood or bark, brought into any town by Penalty for land is sold and delivered, unless otherwise' agreed to by selling wood ' ° . or. bark before the purchaser, before it is measured by a sworn measurer, gnrvey. and a ticket signed by him and given to the driver, stat- ing the quantity the load contains, the name of the driver, and the town in which he resides, such wood or bark shall be forfeited, and may be libeled and disposed of according to law. 3. All cord wood, brought by water into any town for t,roughtby sale, shall be corded on the wharf or land, on which it is water, shall be 1 , , . , . • 1 • v^ I, i. • J.- measured, &c. landed, in ranges, making up in height what is wanting in length ; then it shall be so measured and a ticket given ^^^' § 3- to the purchaser, who shall pay the stated fees ; and no such wood shall be carried away by any wharfinger or carter, before it has been so measured, under a penalty of one dollar for every load. 4. Every person, carrying any firewood from a wharf vf D ./ Ticket stating or landing for sale, shall be furnished by the owner or quantity and seller of it with a ticket stating the quantity and name of name of driv- the driver ; and if such firewood is carried away without ^^ '^^ ' such ticket, or any driver refuses to exhibit such ticket to any sworn measurer on demand, or does not consent to have the same measured, if in the opinion of the meas- urer the ticket certifies a greater quantity of wood than the load contains, such wood shall be forfeited, and may be seized, and libeled by said measurer according to law. 5. When any wood, bark, or charcoal, is sold by the p^^aity for cord, foot, or load, which is stowed in such a manner as fraudiUent to prevent the surveyors from examining the middle of s^°^^°®- the load, and it appears on delivery, that it was stowed n>id-§5. with a fraudulent intent of obtaining payment for a greater quantity than there was in fact, the seller or owner thereof shall pay ten dollars for the use of the county, with costs of prosecution. 576 WOOD, BARK, CHARCOAL. CHARCOAL. 6. Any charcoal brought into town for sale, may be How charcoal measured and sold by the cord or foot, eStunating the mS andsoid! ^^^^ ^^ ninety-si:^ bushels, when the purchaser and seller may agree to the same ; and the measurers before named shall be measurers of charcoal also. Coal bas]j;ets to '^' ^^^ baskets for measuring charcoal brought into a be sealed; di- towu for sale, shall be sealed by the sealer of the town Ibid. §7. where the person using them usually resides, and shall contain two bushels and be of the following dimensions, viz. ; nineteen inches in breadth in every part thereof, and seventeen inches and a half deep, measuring from the top of the basket to the highest part of the bottom ; and in measuring charcoal for sale the basket shall be well heaped. 8. Whoever measures charcoal for sale, in any basket Penalty, of Icss dimensions, or not sealed, shall forfeit, for each Ibid ^8 offence, five dollars. , 9. The municipal officers of towns may appoint some lawful bas- suitable person to seize and secure all the baskets used kets. foj. measuring coal, not according t© the provisions hereof. 10. If any measurer of wood, bark, or charcoal, neglects fusLgtogi^e ^^ refuses to give to the owner or purchaser a certificate ceitiflcate, &c. of the contents of any load, he shall forfeit five dollars Ibid. §10. for each offense ; and all the penalties herein before pro- vided, may be recovered by action of debt or complaint, one-half to the town where the offence is committed, and the other to the prosecutor. Ordinances. 1 . There shall be chosen annually by the city couii- Measurers of . ./././ firewood and cil ill coiiventioii, two Or morc measurers of fire- wood chosen. ^^ . and bark, brought into the cjty for sale, who shall be « ^ ^ ,.„„ sworn to the faithful performance of their office, and Rev. Ord., 1868. ^ ' shall hold their office durino^ the municipal year, and To be sworn. mi • i • i i i until others are appointed in their stead, unless sooner Vacancies to be removed by vote of the city council. In case of a ^^^^^' vacancy in said office by resignation, removal or otherwise, the city council shall proceed to fill the same by a new election for the residue of the year. WOOD, BARK, CHARCOAL. 577 2. In order to prevent competition in the survey of Measurement firewood and bark, this department shall be divided two\randies into two branches, one of which shall embrace the o'f wood and survey of all firewood and bark brought into the city bark brought on carts, wagons or sleds, and the other shall embrace ^^ &c^* ^ the survey of firewood and bark brought by water or ^^ same by railroad conveyance ; and each measurer shall be road, independent of the other, and shall attend personally ^^^^^^''Sf ^' and exclusively to the duties of that branch of the tncts. survey to which he is chosen. In order still further ^g^g' ^^d Rev. to prevent competition, the number of measurers of ^^d., ises. firewood and bark, brought into the city by water or railroad conveyance, shall be limited to two, and the city shall be divided into two districts for the measure- ment of the same, to each of which districts one measurer shall be designated ; and all wood and bark brought as aforesaid into either district, shall be measured as provided in section three of this ordi- naiitee, exclusively by the measurer appointed to said district. So much of the city as lies westerly of a line drawn through the centre of Wilmot street, to Congress street ; thence through the centre of Con- gress to Exchange street ; thence through the centre of Exchange to Long wharf, and including Long wharf, shall constitute district number one ; and so much as lies to the easterly of said lines shall consti- tute district number two. The measurer first elected by the city council shall be the measurer for district number one, during the municipal year, unless the district of each measurer shall be designated at the time of said election. 3. It shall be the duty of each measurer carefully Duties of meas- and accurately to measure all firewood and bark which '^^^^• , , .1.1,/. ^®^- O^" 1868. he may be requested to measure m . his branch of survey, on payment of the fees allowed for such ser- t^ g^^g tickets vice, and deliver to the driver, or person havinfir the certifying , ^ measure, &c- care of the w^ood or bar^:, a ticket under his hand for 578 WOOD, BARK, CHARCOAL. To keep record of tickets issued. To make annu- al report to city council. Teams with wood or bark not to stand in street longer than ten min- utes. Ibid. Cattle not to he fastened to post, &c. Teams not to be fed. Wood not to be unloaded or piled in mark- et. Penalties. Ibid. each load he may measure, certifying in words at length, written in ink, the quantity the load contains, with the name of the driver, or person having the charge of the wood or bark, and the town in which he resides. Each measurer shall keep an accurate record of all tickets by him issued, in a book to be by him provided and kept for that purpose, and shall report annually, to the city council, the number of cords of firewood and bark measured by him during the preceding year, and the amount of fees received therefor. 4. No team having firewood or bark for sale, shall be suffered to stand in any street, alley, square, or other public place, for a longer time in any one day, than ten minutes, nor shall the driver of any team which has brought firewood or bark as aforesaid, hitch or fasten his cattle to any post, tree, or fence, in any street or lane ; nor shall any driver of such team feed his cattle, or sufier the same to be fed, in any street ^ alley, square, or other public place ; nor shall any person unload or pile any firewood or bark upon or within the wood market, if any. 5. Every person ofiending against any of the pre- ceding sections, or unreasonably neglecting to perform any of the duties therein required, shall forfeit and pay, for the use of the city, a sum not less than five dollars for each offence. Mayor and aldennen to appoint per- son to seize charcoal bas- kets. Ibid. CHARCOAL. 6. The mayor and aldermen may annually appoint one or more suitable persons to seize and . secure all baskets used for measuring charcoal that shall not be of the dimensions prescribed by the laws of the State, and to prosecute all persons who shall be guilty of a breach of said laws. Work Houses, [See Revised Statutes, 1871, cliapter 21, and title, "Pacpees." City of Portland, IK THE YEAR ONE THOUSAND EIGHT HUNDRED AND EIGHTY-ONE. AN ORDINANCE IN RELATION TO THE REVISED ORDINANCES. Be it ordained by the may or ^ aldermen^ and com- mon council of the city of Portland, in city council asseynhled, as follows : The ordinances ^E^* 1* -^^ ^^^ Ordinances printed and contained in this book in the preceding pao:es, that is to say, in a certain declared to be o i. o ' •/ ^ the ordinances book prepared and printed under the direction of of theci?y. Benjamin F. Andrews, Charles J. Chapman, Holman S. Melcher, Edward Duddy and Samuel Thurston, a committee duly appointed and authorized for that purpose by a vote of the city council of the city of Portland, approved on the seventh day of April in the year eighteen hundred and eighty, and under the further direction of Charles J. Chapman, Edward B. Winslow, Holman S. Melcher, Edward Duddy and Samuel Thurston, a committee duly appointed and authorized to supervise the completion of the work of preparing, printing and binding said book, by a vote CITY OF PORTLAND. 581 of the City Council of the city of Portland approved on the fifteenth, day of March in the year eighteen hundred and eighty-one, shall be deemed and are declared to be ordinances of the said city, and shall have the force thereof. Sec. 2. All orders, ordinances and parts of orders Repeal of in- and ordinances, inconsistent with any of the preced- orJiinan^s. ing ordinances, are hereby repealed. Sec. 3. The repeal of the preceding section shall not aftect any act done, or any rio^ht accruino^ or having of •^ , . ' . • ,. nghts accrued, accrued, or established, or any suit or proceeding suits pending, had or commenced in any civil case before the time *^* Avhen such repeal shall take effect, nor any offence com- mitted, nor any penalty or forfeiture incurred, nor any suit or prosecution pending at the time of such repeal, for any offence committed or for the recovery of any penalty or forfeiture incurred, under any of the provi- sions so repealed and in all cases where any provisions of the preceding ordinances made are to go into oper- ation at any time hereafter, the corresponding pro- visions, if any, of the said repealed ordinances or orders shall continue in force until the said new pro- vision shall go into operation ; subject, however, to any express regulations relating thereto which may be contained in the preceding ordinances ; and no ordinance, order, or part of an ordinance or order which has been heretofore repealed, shall be revived by the repeal in the preceding section. Sec. 4. All copies of the revised ordinances, not „ ^ ' How copies of otherwise disposed of, shall be deposited with the revised ordi- city clerk, subject to the direction and control of the ^krpt,^&c" city council, and shall be on sale at such price as shall be determined by the mayor and aldermen. Sec. 5. Every member of the city council shall copies for city be entitled to one copy of the revised ordinances. council. 582 CITY OF PORTLAND. In Board of Mayor and* Aldermen, ] December 5, 1881. J Read twice and passed to be engrossed, and sent down for concurrence. Attest: H. I. ROBINSOX, Cleric, In Common Council, 1 December 5, 1881. J Read twice and passed to be engrossed in concurrence. Attest: L. CLIFFORD WADE, Cleric, In Board of Mayor and Aldermen, 1 December 5, 1881. J Read and passed to be ordained and sent down for concurrence. Attest: Wm. SENTER, Mayor. In Common Council, 1 December 5, 1881. J Read and passed to be ordained in concurrence. Attest: SAMUEL THURSTON, President of Common Council, Approved, December 6, 1881. Wm. SENTER, Mayor, J APPENDIX. EULES AND OEDEES BO^RD MAYOR AND ALDERMEN, Section 1. The mayor or in his absence the chairman of the board, shall take the chair at the hour to which the board adjourned, and shall call the members to order ; and a quorum being present, shall cause the minutes of the preceding meeting to be read. In the absence of the mayor and chairman, the board shall elect a chairman jpro temjpore. Section 2. He shall preserve decorum and order; may speak to points of order in preference to other members ; and shall decide all questions of order, subject to an appeal to the board by motion regularly seconded ; and no other business shall be in order till the question on the appeal is decided. Sections. He shall declare all votes; but if any member doubts a vote, the chairman shall cause a return of the members voting in the affirmative and in the negative, without debate. Section 4. He may read sitting, but shall rise to state a motion or put a question. Section 5. On all questions and motions whatsoever, the chair- man shall take the sense of the board by yeas and nays, provided any member shall so request. 586 APPENDIX. Section 6. He shall propound all" questions in the ord^r in which they are moved, unless the subsequent motion shall be previous in its nature ; except in naming sums and fixing times, the largest sum and the longest time shall be put first. Section 7. After a motion is stated or read by the chairman, it shall be deemed to be in possession of the board, and shall be disposed of by vote. Section 8. When a question is under debate, the chairaian shall receive no motion but to adjourn, lay on the table, to post- pone to a day certain, to commit, to amend, or to postpone indefinitely ; which several motions shall have precedence in the order in which they stand arranged. A motion to postpone indefinitely shall not be renewed during the same session ; and a motion to strike out the enacting clause of an ordinance shall be equivalent to a motion to postpone indefinitely. Section 9. The chairman shall consider a motion to adjournas always in order except on immediate repetition : and that motion, and the motion to lay on the table, or take from the table, shall be decided without debate. Section 10. When a vote is passed, it shall be in order for any member to move a reconsideration thereof at the same, or the next stated meeting, but not afterward, except on papers returned from the mayor ; and when a motion of reconsideration is decided, that vote shall not be reconsidered. Section 11. Every member, when about to speak, shall rise and respectfully address the mayor or chairman ; confine himself to the question under debate, and avoid personalities. Xo member shall speak out of his place without leave. Section 12. Xo member speaking shall be interrupted by another, but by a call to order, or to correct a mistake. Section 13. Every member who shall be present when a ques- tion is put, shall give his vote, unless the board shall excuse him ; application to be so excused, on any question, must be made before the board j^ divided, or before the calling of the yeas and nays, and such application shall be decided without debate. Section 14. Every motion shall be reduced to writing, if the chairman shall so direct, or any member request it. RULES OF MAYOR AND ALDERMEN. 587 Section 15. Any member may require the division of a ques- tion, when the sense will admit of it. Section 16. Motions and reports may be committed and re- committed at the pleasure of the board. Section 17. A motion for commitment, until it is decided, shall preclude all amendments of the main question. Section 18. When a vote is doubted, the members for and against the question, when called on by the chairman, shall rise and stand till they are counted. Section 19. The folio win«: standino^ committees of the board shall be appointed, viz : Committee on agency for sale of intoxicating liquors, committee on drains and sewers, each to consist of three members of the board. Committee on health, committee on police, committee on licenses, each to consist of the mayor and two members of the board. Committee on damages for grading streets, to be composed of the mayor and the members of the joint committee on highways on the part of this board. All committees, unless otherwise provided for, shall be appointed by the mayor or chairman. Section 20. Committees of the board to whom any matter is specially referred, shall be required to report within four weeks or ask for further time. Section 21. The foregoing rules shall not be dispensed with unless two-thirds of the members present consent thereto, nor shall any rule or order be amended or repealed, without notice in writing Keing given at the preceding meeting, nor unless a a majority of the board vote thereto. Section 22. The city clerk shall keep minutes of the votes and proceedings of the board of aldermen, board of mayor and aldennen, conventions of the two boards, and notice reports, petitions, memorials and other papers which are presented. He shall record at length, in a jouraal provided with an index, all orders, ordinances, resolutions or reports, which are passed or accepted by the board, or in concurrence. He shall draw up and transmit all messages to the board of common council, unless the aldermen otherwise direct. JOIH'T EULES AlfD OEDEES CITY COUNCIL Section 1. At the commencement of the municipal year the following joint standing committees shall be appointed, viz : On Accounts , to consist of one alderman and two members of the common council, in accordance with the ordinance. On Finance^ to consist of the maj^or, two aldermen, and three members of the common council, in accordance with the ordinance. On Public Buildings, to consist of the mayor, one alderman, and three members of the common council, in accordance with the ordinance. On Streets, Sidewalks and Bridges, to consist of two aldermen and three members of the common council. On Laying out JSfeio Streets, to consist of the mayor, two aldermen, and three members of the common council, in accord- ance with the ordinance. On Unimproved Real Estate, to consist of two aldermen, and three members of the common council. On Cemeteries and Public Grounds, to consist of one alder- man and three members of the common council, in accordance with the ordinance. JOINT RULES OF CITY COUNCIL. 589 On Salaries, to consist of three aldermen and three members of the common council. On Fire Department, to consist of two aldermen and three members of the common council. On Street Lamps, to consist of one alderman and three mem- bers of the common council, in accordance with the ordinance. On Judicial Proceedings and Claims, to consist of the mayor, two aldermen, and three members of the common council. On Engrossed Bills, to consist of one alderman and three members of the common council. On Bells and Clocks, to consist of one alderman and three members of the common council. On Public Instruction, to consist of two aldermen and three members of the common council. The mayor shall be ex-officio chairman of any joint committee of which he is a member. The members of the board of mayor and aldermen and of the the common council, who shall constitute the joint standing committees, shall be chosen or appointed by their respective boards, and the member of the board of aldermen first named on every joint committee (of which the mayor is not a member) shall be its chairman, and in case of absence or inability the member of the common council first named shall be its chairman, and after these the member of the board of aldermen, and after him the member of common council first in order, shall call meetings of the committee and act as chairman. Section 2. In every case of disagreement between the two branches of the city council, if either board shall request a con- ference and appoint a committee of conference, the other board shall also appoint a committee to confer ; such committee shall, at a convenient time meet and state to each other, verbally or in writing, as either shall choose, the reasons of their respective boards, for and against the matter in controversy, confer freely thereon, and report to their respective branches. Section 3. The reports of all committees, whether by ordinance, resolves, or otherwise, shall be made to the board in which the business referred originated; and no report shall be received unless agreed to in the committee actually assembled. 590 APPENDIX. Section 4. Each board shall transmit to the other all papers on which joint action may be necessary, and when either board shall non-concur with the action of the other respecting any order, ordinance, or resolution, notice of such non concurrence shall be given by indorsement on such paper. All papers on their passage between the boards shall be under the signatures of their respective clerks, except ordinances and joint resolutions in their last stage, which shall be signed by the presiding officers. Section 5. Either board may propose to the other a time to which both boards shall adjourn. Section 6. All by-laws passed by the city council shall be termed "ordinances," and the enacting style shall be : "Be it ordained by the mayor, aldermen and common council of the city of Portland, in city council assembled." Section 7. In all votes of commayid^ the form of expression shall be" ordered ;" and of opinions, principles, facts, or purposes, the form shall be "resolved." Section 8. All ordinances shall be prefixed by a title briefly stating the subject matter of the same, and have two several readings before they are finally passed. No ordinance or order imposing penalties, or authorizing the expenditure of money, or authorizing a loan shall have its second reading on the same day, if ^ve members object. Section 9. No ordinance or resolution shall pass to be engrossed without being twice read. All ordinances or resolutions having been engrossed, shall be referred to the committee on engrossed bills. No ordinance shall be enacted, or resolve finally passed, until reported correctly and truly engrossed. Section 10. After the annual order of appropriations shall have been passed, no subsequent expenditures shall be authorized for any purpose, unless provision for the same shall be made by specific transfer from some of the appropriations contained in such annual order, or by expressly creating therefor a city debt. No transfer from any appropriation shall be made, and no city debt shall at any time be created, unless the order authorizing the same shall pass by a vote of two-thirds of the whole number of each branch, voting by yeas and nays. JOINT RULES OF CITY COUNCIL. 591 Section 11. Each committee having in charge the expenditure of money, during this municipal year, shall report to the city council at the fii'st meeting of each alternate month, or at the next meeting thereafter, the amount of money expended during the preceding two months ; also the amount of bills, as nearly as practicable, remaining unpaid. Section 12. In all contracts or expenditures to be made under the authority of the city council, whenever the estimates shall exceed the appropriations especially made therefor, or whenever any committee or officer shall have expended the sum especially appropriated for their use in the order of appropriation for the year, and in either case shall require a further sum, it shall be the duty of such committee or officer having such matter in charge, to submit the same to the city council for instructions, before such contract is made, or any expenditure for the object is incurred. Section 13. It shall be the duty of every committee, to which an}' subject may be refeiTcd, to report thereon within four weeks, or at the next reo^ular meetinor. Section 14. No chairman of any committee shall approve any bill or account against the city, not authorized by the committee. Section 15. The salary of each subordinate city officer shall be fixed annually by the concurrent action of both boards ; and after being once fixed, shall not be increased during the time for which they are elected. Section 16. The approval in writing of a majority of the members of any and all joint standing committees shall be necessary upon all bills referred to such committee or committees before the same shall be paid or considered valid. Section 17. Xone of the foregoing joint rules and orders shall be suspended or repealed unless two-thirds of the members present consent thereto. EXILES AJSTD ORDEES COMMOI^ COUI^CIL DUTIES AND POWERS OF THE PEESIDENT. Section 1. The president shall take the chair precisely at the time appointed for the meeting, call the members to order, cause the roll to be called, and on the appearance of a quorum cause the minutes of the preceding meeting to be read, and proceed to business. Section 2. He shall preserve decorum and order; may speak to points of order in preference to other members, but shall not speak to any other question while in the chair. He shall decide all questions of order, subject to an appeal to the council, by motion regularly seconded, and no other business shall be enter- tained until the question on the appeal shall be decided. Section 3. He shall declare all votes. If a vote is doubted, the question shall be determined without debate, by members standing in their places until counted. Section 4. He shall rise to address the council or to put a question, but may read sitting. Section 5. In all cases the president may vote. Section 6. When the council shall determine to go into a committee of the whole, the president shall appoint the member who shall take the chair. He may at any time call a member to the chair, but such substitution shall not continue beyond an adjournment. RULES OF COMMON COUNCIL. 593 Section 7. On all questions and motions whatsoever, the president shall take the sense of the council by yeas and nays, provided one-fifth of the members present shall so require. Section 8. The president shall propound all questions in the order in which they are moved, unless the subsequent motion shall be previous in its nature, except that in naming sums and fixing times, the largest sum and the longest time shall be put first. Section 9. When a question is under debate, no motion shall be received but to adjourn, to lay on the table, for the previous question, to postpone to a day certain, to commit, to amend, or to postpone indefinitely ; which several motions shall have pre- cedence in the order in which they are arranged. A motion to postpone indefinitely shall not be renewed during the same session. A motion to strike out the enacting clause of an ordi- nance shall be equivalent to a motion to postpone indefinitely. Section 10. A motion to adjourn shall be considered as always in order, except on an immediate repetition ; and that motion, and the motion to lay on the table, shall be decided without debate. Section 11. Upon the motion for the previous question being made and seconded by a majority, the president shall put the question in the following form : " Shall the main question now he putf and all debate upon the main question shall be suspended until the motion for the previous question shall be decided. After the adoption of said motion, the sense of the council shall l)e forthwith taken upon all pending amendments, and then upon the main question. Section 12. Xo debate shall be allowed on a motion for the previous question. Neither is it susceptible of amendment. All questions of order, arising incidentally thereon, must be decided "without discussion, whether appeal be had from the chair or not. Section 13. AVhen two or more members rise to speak at the same time, thie president shall name the member who is entitled to the floor. Section 14. All committees shall be appointed by the president, unless otherwise provided for. 594 APPENDIX. Section 15. When a member is about to speak, he shall rise in his place, and respectfully address the president, confine him- self to the question under debate, and avoid personalities. Section 16. No member speaking shall be interrupted by another, but by a call to order, or to correct a mistake. Section 17. ]N"o member shall speak more than twice on one question. at the same meeting, without leave of the council. Section 18. When a vote has passed, it shall be in order for any member to move a reconsideration thereof at the same or the succeeding meeting, but not afterward, except on papers returned from the mayor. If made at the same meeting, a majority of the members present may reconsider, but if not made until the succeeding meeting, the subject shall not be reconsidered unless a majority of the whole council shall vote therefor ; and when a motion for reconsideration is decided, that vote shall not be reconsidered. Section 19. When any member shall be guilty of a breach of either of the rules and orders of the council, he may, on motion be required to make satisfaction therefor, and shall not be allowed to vote, or speak, except by way of excuse, until he has done so. Section 20. Every member present when a question is put, shall give his vote, unless the council, for special reasons, shall excuse him ; application to be so excused must be made before the council is divided, or before the calling of the yeas and nays, and decided without debate. Section 21. Every motion shall be reduced to writing, if the president shall so direct. Section 22. Any member may require the division of a ques- tion when the sense will admit of it. Section 23. A motion for commitment, until it is decided, shall preclude all amendments of the main question. Section 24. All questions relating to priority of business to be acted upon, shall be decided without debate. Section 25. The seats shall be occupied in the following order : Members from ward one, first on the left hand of the president, and members from other wards in regular rotation according to the number of their ward. RULES OF COMMON COUNCIL. . 595 Section 26. Xo member shall call another by name in debate, but may alhide to him by any intelligible or respectful designation. Section 27. If the reading of any paper is called for, and any member ol>jects thereto, it shall be decided by the council. No member shall withdraw from the council room without leave unless there be a quorum left present at the board. Members shall not leave their places on an adjournment until the president has declared the council adjourned. Section 2S. All papers addressed to the council shall be pre- sented by the president, or a member in his place, indorsed with the name of the member presenting it, and shall be read by the president, clerk, or such other person as the president may request ; and shall be taken up in the order in which they are presented, except when the council shall otherwise determine : Provided that any petition, memorial, remonstrance, or other paper of like nature requiring reference to a committee, shall be indorsed upon the back with the first name and the number of signers, and the object of the paper, and may be read by each indorsement unless otherwise ordered. POWERS AND DUTIES OF COM3nTTEES, ETC. Section 29. The rules of the council shall be observed in committee of the whole, as far as they are applicable. A motion to rise, report progress, and ask leave to sit again, shall be first in order, and shall be decided without debate. Section 30. Xo committee shall sit during a session of council without leave. Section 31. All committees chosen by ballot, or consisting of one or more from each ward, shall organize at their first meeting l)y the choice of a chainnan, and report the same to the council. In all cases where the president appoints a committee, unless otherwise provided for, the member first named shall be chair- man, and in his absence the member next in order, who shall be present, shall be chainnan jpro tempore. Section 32. All select committees of the council shall consist of three members, unless otherwise ordered. 596 APPENDIX. Section 33. No report of any committee shall be received unless agreed to in committee assembled. Section 34. Committees of the council to which any matter is referred, shall report thereon within four weeks, or at the next regular meeting. DUTIES OF CLEKK, ETC. Section 35. The clerk shall keep a minute of the votes and proceedings of the council, and enter the same in a journal provided with an index. He shall record at length all accepted reports of select committees of the council ; shall draw up and carry to the board of mayor and aldermen all messages, unless the council shall otherwise direct. He shall cause the members to be notified at the time of the meetings by the messenger. In the absence of the president he shall call the council to order, and preside until a president jpro tempore is chosen. Section 36. No rule or order of the council shall be suspended unless two-thirds of the members present consent thereto, nor shall any rule or order be altered or repealed without notice of such alteration being given in writing at a preceding meeting, or unless a majority of all the members of the council vote therefor. OA.T-A.LOGUE aOVERNMEJSTT CITY OF POKTLAND, IN CHRONOLOGICAL ORDER OF THEIR SERVICE, FROM ITS IlsrSTITUTIO]^', AprH, 1833, to March, 1881. OATALOG-TJE CITY GOVERNMENT FROM 1832 TO 1881. VOTES FOR MAYOR AT THE SEVERAL ELECTIONS HELD FROM 1832 TO 1881. 1832— (1st trial.) Emerson, Richardson, Clapp, ChurchiU, Total, Emerson, Churchill, Scattering, (2d trial.) 621 278 333 Ul 1374 737 699 7 Total, 1442 [Emerson resigned before the year expired, and Jonathan Dow was el- ected to fill the vacancy.] 1833. Jonathan Dow, Anderson, Scattering, Total, Cutter, Anderson, Total, 1834. 709 783 10 1492 1232 885 2067 1835, Cutter, Harris, Total, Cutter, Clapp, Total, Cutter, Boody, Scattering, Total, Cutter, Mitchell, Total, 1836, 1837, 1838. 964 558 1522 962 1942 940 380 94 1414 1245 985 2230 37 600 APPENDIX. 1839. Cutter, Clapp, Scattering, Total, 1044 686 12 1742 1840, (Ist trial). Greely, Cutter, 497 509 Southgate, Scattering, 702 9 Total, 1717 (2d trial.) Total, Churchill, Cutter, Southgate, Scattering, Total, [No choice. Churchill.] Churchill, Anderson, Scattering, Total, (2d trial.) 1527 577 269 787 1671 The city council elected 1842. 863 963 23 1849 Greely, Anderson, Cutter, Scattering, Total, Greely, Anderson, Cutter, Scattering, 1848, (1st trial.) (2d trial.) 691 904 311 12 1918 547 745 240 36 Total, 1568 [There being no choice the city coun- cil elected Greely.] Cutter, 776 Southgate, 700 Scattering, - 105 1844, (1st trial.) Greely, 771 Total, 1581 Emery, 583 [No choice. Mr. Cutter was elected Appleton, 458 by city council.] Scattering, 10 Total, 1822 1841, (1st trial.) Churchill, 710 (2d trial.) Southgate, 680 Greely, 855 Scattering, 137 Greeuough, 598 Scattering, 14 Total, Total, Greely, Clapp, Scattering, Total, (2d trial.) 1467 1845, (1st trial.) Greely, Clapp, Winslow, 817 666 316 Scattering, 19 1818 950 636 6 1592 CATALOGUE OF CITY GOVERNMENT. 601 Greely, Holden, Adams, Scattering, Total, Greely, Holden, Scattering, Total, Greely, Wells, Scattering, 1846, (1st trial.) (2d trial.) 1847, Total, 764 515 514 6 1799 941 849 6 1796 1018 687 20 1725 1848, (1st trial.) Greely, 811 Howard, " 720 Scattering, 116 Total, 1647 [Of the scattering, 93 for Clapp.] (2d trial.) Greely, Howard, Clapp, Scattering, Total, (1849, 1st trial.) Cahoon, Clapp, Scattering, Total, 922 715 103 13 1753 957 1016 95 (2d trial.) Cahoon, 1066 Clapp, 1022 Scattering, 84 Total, 2182 [There being no choice, Cahoon was elected by the city council.] 1850. Cahoon, McCobb, Scattering, Total, 1851, (1st trial.) Neal Dow, Shepley, Noyes, Scattering, Total, Dow, Shepley, Scattering, Total, Dow, Parris, Scattering, (2d trial.) 1852. IjotaL Cahoon, Dow, Fox, Fessenden, Scattering, 1853. 1013 674 23 1710' 1184 972 225 5 2386 1331 975 2: 149^ 1900^ 3 Total, 1313 353 611 75- 59 2511 602 APPENDIX. 1854. Cahoon, Dow, Scattering, Total, Dow, McCobb, Scattering, Total, McCobb, Willis, Scattering, Total, Willis, Cummings, Scattering, Total, Jewett, Sliepley, ' Scattering, Total, Jewett, Holden, Scattering, Total, Howard, Jewett, Scattering, Total, 1855. 1856. 1857. 1858. 1859. 1860. 1590 1487 34 3111 1894 1819 29 3742 2115 1837 3 3955 1861. Thomas, Howard, Scattering, Total, Thomas, McLellan, Scattering, Total, McLellan, Carroll, Scattering, Total, 1964 McLellan, 1547 Carroll, 3 Scattering, 3514 1757 1490 53 3390 2017 1812 4 3833 2420 2323 16 4759 Total, McLellan, Sturdivant, Scattering, Total, Stevens, Shurtleff, Scattering, Total, Stevens, Shurtleff, Scattering, Total, 1862. 1863. 1864. 1865. 1866, 1867. 2431 2281 9 4621 1821 1687 6 3514 2166 1950 21 4137 1941 805 7 2753 1765 689 505 2959 2029 934 192 31c 1903 755 2 2660 CATALOGUE OF CITY GOVERNMENT. 603 1868, (1st trial.) McLellan, Putnam, Deering, Scattering, Total, McLellan, Putnam, Deering, Scattering, 2405 (2d trial.) 179 9 4835 2712 2629 289 4 Total, 5634 [No choice. The city council elected McLellan.] Putnam, Drummond, Scattering, Total, Kingsbury, Putnam, Scattering, Total, Kingsbury, Emery, F. Fox, Scattering, Total, Kingsbury, Cleaves, Morgan, Scattering, Total, Wescott, Cleaves, Scattering, Total, 1869. 1870. 1871. 1872. 1873. 2241 2096 6 4343 2468 2245 14 4727 2317 1932 39 9 4297 2051 1668 314 18 4051 2142 1725 4 1874. Wescott, Sturtevant, Scattering, Total, Richardson, Wescott, Scattering, Total, Fessenden, Richardson, Scattering, Total, Butler, Richardson, Scattering, Total, Buttler, Walker, Turner, Scattering, Total, Walker, Senter, Scattering, Total, Senter, Fox, Scattering, Total, Senter, Andrews, Ames, Scattering, 1875. 1876. 1877. 1878. 1879. 1880. 1881. 3871 1 Total, 1910 1387 9 3306 2463 1992 44 4499 3239 2719 3 5961 2711 2116 4 4831 2544 2364 138 18 6064 2942 2841 61 5844 3354 2117 13 6484 2732 2075 99 7 49ia CATALOGUE 1832. MAYOR. ANDREW L. EMERSON.* ALDERMEN. Ward 1.— Thomas Hammond, 2.— John Williams, 3. — John Patten, 4. — Charles Mussey, Ward 5.— Seth Bird, 6. — ^Nathan Cummings, 7. — Ebenezer Webster. « COMMON COUNCIL. SAMUEL FESSENDEN, President. Ward 1. — Samuel Eessenden, James Mountfort, Ansyl Clark. 2. — William Cammett, Daniel Winslow, John T. Walton. 3. — Moses Hall, Eliphalet Greely, George Jewett. 4. — David Dana, John W. Appleton, Simeon Hall. Ward 5. — Oliver Everett, Isaac Smith, Elisha Trowbridge. 6. — George Bartol, William Cutter, Jr., James B. Cahoon. 7. — Job Randall, Isaac Sparrovr, Ezra Holden. Charles Harding, Clerk. * Resigned previous to expiration of office, and Jonathan Dow was chosen to fill the vacancy, December 31, 1832. CATALOGUE OF CITY GOVEENMENT. 605 1833. MAYOR. JOHN ANDERSON. ALDERMEN. Ward 1.— Ansyl Clark, 2. — John Williams, 3. — Moses Hall, 4. — Simon Greenleaf, Ward 5. — ^Nathaniel Shaw, 6.— Charles Q. Clapp, 7.— William T. Vaughan. COMMON COUNCIL. DANIEL WINSLOW, President- Ward 1. — James Mountford, William W. Thomas, Staph. Frothingham. 2.-— George W. Pierce, Daniel Wtnslow, David Burbank. 3.— Eliphalet Greely, Thomas Warren, Moses Plummer. 4. — Simeon Hall, Andrew P. Mason, Thomas Chadwick. Ward 5. — Thomas Bolton, Jeremiah Leavett, Nathaniel Hamlin, 6. — ^Martin Gore, Benjamin Larrabee, George Bartol. 7. -Ezra Holden, James Townsend, Robert Knight. Benjamin C. Fernald, Clerk. Ward 1.— Phillip Greely, 2. — William Cammett-, 3. — Thomas Warren, 4. — John Purington, 1834. MAYOR, LEVI CUTTER, aldermen, Ward 5. — Alpheus Shaw, 6. — James B. Cahoon, 7.— WiUiam T. Vaughan. COMMON COUNCIL. ELIPHALET GREELY, PREsroENT. Islands. — John Starling. Ward 1. — Steph. Frothingham, James Mountfort. 2. — Lemnel Dyer, 2d, Marshal French, Charles M. Davis. 3.— Eliphalet Greely, Moses I. Plummer, Benj. Knight. 4. — Thomas Chadwiqk, Simeon Hall, Andrew P. Mason. Ward 5. — Joseph Noble, Asa Hanson, Edward D. Preble. 6. — ^Benjamin Larrabee, Nathaniel Warren, John Dow. 7.— Ezra Holden, Alden Pierce, Nathaniel Hasty, Jr. Charles Harding, Clerk. 606 APPENDIX. 1835. MAYOR. LEVI OJTTER. ALDERMEN. Ward 1.— Phillip Greely, 2. — William Cammett, 3. — Thomas Warren, 4. — John Purington, Ward 5. — John Fox, 6. — James B. Cahoon, 7. — Nathaniel Ilsley. COMMON COUNCIL. ELIPHALET GREELY, PRESroENT. Ward 1. — Steph. Frothingham, James Mountfort. 2. — Marshall French, Hosea Harford, Seba Smith. 3.— Eliphalet Greely, Benjamin Knight, Samuel Chase. -Thomas Chadwick, Nathaniel Sweetsir, Benjamin Ilsley. Ward 5. — Asa Hanson, Edward D. Preble, Phineas Varnam. 6. — Oliver B. Dorrance, Henry B. Hart, Solomon H. Mudge. 7. — James Hall, Nathaniel Hasty, Ira Bradford. Charles Harding, Clerk. 1836. MAYOR. LEVI CUTTER. aldermen. Ward 1.— Phillip Greely, 2.— Wm. W. Woodbury, 3. — Charles M. Davis, 4. — Mark Harris, Ward 5. — Asa Hanson, 6. — James B. Cahoori, 7. — William T. Vaughan. COMMON COUNCIL. PHINEAS VARNUM, President. Ward 1. — James Mountfort, Steph. Frothingham. -Enoch Moody, William Capen, William Robinson. 3. — Charles Rogers, Benj. Knight, William Boyd. Jr. -Samuel Hale, Horace Ward, Freeman Bradford. Ward 5. — Phineas Varnum, John Edmond, Elisha Trowbridge. 6. — Oliver B. Dorrance, Henry B. Hart, Seth Paine, Jr. 7. — ^Nathaniel Hamblin, Ira Bradford, James Hall. Charles Harding, Clerk. CATALOGUE OF CITY GOVERNMENT. 607 i8a7. MAYOR. LEVI CUTTER. ALDERMEN. Ward 1.— Steph. Frothingham, 2. — Eleazer Wyer, 3. — Charles Rogers, Jr. 4.— Charles C. Mitchell, Ward 5. — Asa Hanson, 6.— James B. Cahoon, 7.— Albert Smith. COiniOX COUNCIL. JOHN D. KINSMAN, President. Ward 1. — James Mountfort, Joseph R. Thompson. 2. — Enoch Moody, Charles Blanchard, William Capen. 3.— William Boyd, Thomas Cummings, Nathaniel Ellsworth. 4,— Andrew T. Dole, Rufus Read, James L. Merrill. Ward 5.— John D. Kinsman, Elisha Trowbridge, Winslow H. Purinton. 6. — Oliver B. Dorrance, Ezra F. Beal, John L. Meserve. 7. — Nathaniel Hamblin, Ira Bradford, Stephen W. Eaton. Charles Harding, Clerk. 1838. MAYOR. LEVI CUTTER. ALDERMEN. Ward 1. — Steph. Frothingham, 2. — Eleazer Wyer, 3.— Eliphalet Greely, 4.— Charles C. Mitchell, Ward 5. — George Clark, 6. — Oliver B. Dorrance, 7.— Albert Smith. COMMON COUNCIL. JOHN D. KINSMAN, PREsroENT. Ward 1. — James Mountfort, George Pearson, Simeon Skillings. 2.— William Capen, William Robinson, Hall J. Little. 3.— William Boyd, Thomas Cummings, John B. Cross. 4. — Charles Kimball, Ebenezer Owen, George Worcester. Ward 5. — John D. Kinsman, Elisha Trowbridge, Charles Davidson. 6. — John L. Meserve, Nathaniel F. Deering, Clement Pennell. 7.— Stephen W. Eaton, Alfred Randall, Samuel Elder. Charles Harding, Clerk. 608 APPENDIX. 1839. MAYOK. LEVI CUTTER. ALDERMEN. Ward 1.— Stepli. Frotbmgham, 2. — Eleazer Wyer, 3. — Eliplialet Greely, 4.— Charles C. MitcheU, Ward 5. — George Clark, 6. — Nathaniel F. Deering, 7. — Joseph Howard. COMMON COUNCIL. ELISHA TROWBKIDGE, President. Ward 1. 2.- -George Pearson, Joshua B. Osgood, Simeon Skillings. -William Robinson, Hall J. Little, Alexander Hubbs. 3.— William Boyd, Thomas Cummings, Charles E. Barretts 4. — Charles Kimball, Ebenezer Owen, George Worcester. Ward 5. — Elisha Trowbridge, St. John Smith, Nahum Libby. 6. — Clement Pennell, Nathaniel Blanchard, William E. Greely. 7.— Stephen W. Eaton, Alfred Randall, John Sweetsir. Charles Harding, Clark. 1840. mayor. LEVI CUTTER. aldermen. Ward 1. — Joshua B. Osgood, 2.— Hall J. Little, 3.— William Boyd, 4. — John Purinton, Ward 5.— Joseph M. Gerrish, 6. — Nathaniel F. Deering, 7. — Joseph Howard. common council. CHARLES E. BARRETT, President. Ward 1. 2.- -Harrison Brazier. Ezekiel Thurston, John Brackett. -William Robinson, Edward Fernald, Joseph Brooks. 3.— Charles E. Barrett, Seward Merrill, Edmund Wiuship. 4.- -Samuel Chadwick, Henry B. Hart, Joseph L. Kelly. • Ward 5.— St. John Smith, Nahum Libby, Theophilus C. Hersey. 6. — Nathaniel Blanchard, William E. Greely, John B. Brown. 7. — Ira Bradford, Joseph R. Mathews, Levi Bolton. Charles Harding, Clerk. CATALOGUE OF CITY GOVERNIVIENT. 609 1841. aiAYOR. JAMES C. CHURCHILL. ALDERMEN. Ward 1. — Joshua B. Osgood, 2.— Hall J. Little, 3. — Samuel Chase, 4. — John Purinton, Ward 5. — Joseph M. Gerrish, 6. — William Goodenow, 7. — Joseph Howard. COMMON COUNCIL. HENRY B. HART, President. Ward 1. — Harrison Brazier, Ezekiel Thurston, John Brackett. * 2.— Edwin Fernald, Joseph Brooks, Ellas Mountfort. 3. — Edmund Winship, William D. Little, William C. Beckett. 4.— Henry B. Hari;, Joseph L. Kelley, George Worcester. Ward 6.— St. John Smith, Rufus Hort;on, Eleazer McKinney. 6. — Nathaniel Blanchard, John B. Brown, Benjamin Larrabee. 7. — Levi Bolton, Joseph R. Mathews, Joseph S. Sargent. Charles Harding, Clerk. 1842. MAYOR. JOHN ANDERSON. aldermen. Ward 1. — John Yeaton, 2. — John Williams, 3. — Samuel Chase, 4. — James Todd, Ward 5.— Parker McCobb, 6. — James Appleton, 7. — Joseph Howard. common council. CHARLES HOLDEN, President. Ward 1.— Samuel Clark, Peter Mugford, John Brackett. 2. — Charles Holden, Benjamin Fogg, John Dela. 3. — ^Edmund Winship, William D. Little, William C. Beckett. 4.— Eliphalet Clark, George W. Smith, Zenas Libbey. Ward 5. — Henry Trickey, William P. Stodder, Byron Greenough. 6. — Charles Blake, William W. Thomas, Calvin Edwards. 7. — James Meserve, William Budd, Elisha Hasty. John G. Sawyer, Clerk. 610 APPENDIX. 1843. MAYOR. ELIPHALET GREELY. ALDERMEN. Ward 1. — Jolin Yeaton, 2. — John Williams, 3. — Samuel Chase, 4. — Thomas R. Jones, Ward 5. — Elisha Trowbridge, 6. — John Dow, 7. — Joseph Howard. COMMON COUNCIL, WILLIAM D. LITTLE, President. Ward 1. — Judah Chandler, John B. Hudson, Islands. — John Brackett. 2. — Benjamin Fogg, Edward Waite, Ebenezer C. Stevens. 3.— William D. Little, William Hammond, Nathan Chapman. 4. — George W. Smith, Zenas Libby, Abel M. Baker. Ward 5.— Byron Greenough, William P. Stodder, Hanson M. Hart. 6. — Calvin Edwards, Clement Pennell, Alvah Conant. 7.— William Budd, Alvah Libby, John G. Sawyer, Clerk. 1844. MAYOR. ELIPHALET GREELY. ALDERMEN. Ward 1. — Steph. Frothingham, 2. — John Williams, 3. — Samuel Chase, 4. — Thomas R. Jones, Ward 6. — Elisha Trowbridge, 6. — John Dow, 7.— Stephen W. Eaton. COMMON COUNCIL. WILLIAM D. LITTLE, President. Waird 1. — Judah Chandler, John B. Hudson, Islands. — Charles York. "" 2. — ^Ebenezer C. Stevens, Edward Waite, Samuel R. Leavitt. 3.— William D. Little, Edmund Winship, William Hammond. 4. — Abel M. Baker, Henry B. Hart, Benjamin Ilsley, Jr. Ward 5. — Hanson M. Hart. W. C. Osborne, Wm. E. Edwards. 6. — Alvah Conant, Clement Peuuell, Rufus Horton. 7. — Alvah Libby, Daniel Brazier, Lewis J. Sturtevant. S. B. Beckett, Clerk. CATALOGUE OF CITY GOVERNMENT. 611 1845. MAYOR. "^ ELIPHALET GREELY. ALDERMEN. Ward 1.— Steph. Frothingham, 2. — James C. Churchill, 3.— Charles E. Barrett, 4. — Thomas R. Jones, Ward 5.— Elisha Trowbridge, 6. — William Goodenow, 7. — George F. Shepley. COMMON COUNCIL. WILLIAM D. LITTLE, President. Ward 1.— George Pearson, Joseph Hay, Franklin C. Moody, 2. —William E. Kimball. Solomon Crockett, Josh. W. Waterhouse, 3.— William D. Little, William Hammond, Joseph R. Thompson. • 4. — ^Benjiman Ilsley, Jr. Henry B. Hart, Joseph L. Kelly. Ward 5.- 6.- -Ezra Carter, Freeman S. Clark, Elbridge Tobie. -Rufus Horton, Horace V. Bartol, Clement Pennell. 7.— Samuel Rolfe, David J. True, Jeremiah Proctor. S. B. Beckett, Clerk. 1846. MAYOR. ELIPHALET GREELY. aldermen. Ward 1. — Harrison Brazier, 2. — John Yeaton, 3.— Charles E. Barrett, 4. — Edward Howe, Ward 5.— Henry B. Hart, 6. — John Dow, 7. — ^P. Fox Vamum. COMMON council. WILLIAM D. LITTLE, President. Ward 1.- -George Pearson, Joseph Hay, Franklin C. Moody. -Harris C. Barnes, Hosea Hartbrd, Solomon Crockett. 3.— William D. Little, Joseph R. Thompson, Reuben Kent, Jr. 4. — Benjamin Ilsley, Jr. Solomon T. Corser, Nahum Libby. Ward 5.— Wm. E. Edwards, Robert F. Green, Thomas F. Tolman. 6. — Clement PenneU, Rufus Horton, Horace V. Bartol. 7. — George T. Hedge, Samuel Rolfe, Jeremiah Proctor, John H. Williams, Clerk. 612 APPENDIX. 1847. MAYOR. ELIPHALET GREELY. ALDERMEN. Ward 1. — Harrison Brazier, 2. — Jona. 0. Bancroft, 3. — Samuel Chase, 4. — Edward Howe, Ward 5. — Simon Merrill, 6. — Nathaniel F. Deering, 7. — P. Fox Varnum. COMMON COUNCIL. WILLIAM D. LITTLE, President. Ward 1. 2.- -George Pearson, Franklin C. Moody, Jacob T. Lewis. -Hosea Harford, Solomon Crockett, Eliphalet Webster. -William D. Little, Reuben Kent, Jr., Alfred M. Dresser. 4. — Solomon T. Corser, Edward Wheeler, Jr., Nathan Barker. Ward 5. — George Worcester, John Edwards, (One vacancy.) 6. — Clement Pennell, Horace Bartol, Charles Baker. 7.— Moody F. Walker, Samuel Rolfe, James Meserve. JoHN*H. Williams, Clerk. 1848. MAYOR. ELIPHALET GREELY. ALDERMEN. Ward 1. — Steph. Frothinghara, 2. — Lemuel Cobb, Jr., 3. — Geo. W. Woodman, 4. — John Purinton. Ward 5. — Byron Greenough, 6. — Nathaniel F. Deering, 7. — Edward Fox. COMMON COUNCIL. WILLIAM D. LITTLE, President. Ward 1. — Jacob T. Lewis, Elisha Hinds, Abner Lowell. 2.— Rufus W. Thaxter, Harris C. Barnes, John C. Tukesbury. 8.— William D. Little, Thomas Cummings, Joseph R. Thompson. 4. — Solomon T. Corser, Charles W. Child, William E. Kimball. Ward 5. — Hezekiah Winslow, James T. McCobb, Elbridge Tobie. 6. — James B. Cahoon, Rufus Horton, Martin Gore. 7. — Alvah Libby, Peter Bolton, Hiram Brooks. John H. Williams, Clerk. CATALOGUE OF CITY GOVERNMENT. 613 1849. MAYOR. JAMES B. CAHOON. ALDERMEN. Ward 1. — Robert Dresser, 2.— E. C. Stevens, 3.— W. W. Woodbury, 4. — John Purinton, Ward 5. — S. R. Lyman, 6. — Alvah Conant, 7. — Edward Fox. COMMON COUNCIL. WILLIAM D. LITTLE, PREsroEXT. Ward 1. — Joshua Dyer, Daniel M. Thurston, Peter Mugford. 2. — Moses Russell, Hosea Harford, James Crie. 3.— William D. Little, Caleb S. Carter, Thomas Cummings." 4.— William E. Kimball, Joseph R. Lufkin, Moses Merrill. Ward 5. — ^Eleazer McKenney, George Worcester, Eli Webb. 6.— John Bradford, Nathaniel O. Cram, Edwin A. Norton. 7.— Alvah Libby, Hiram Brooks, Peter Bolton. John H. Willlams, Clerk. 1850. mayor. JAMES B. CAHOON. ALDER\rEX. Ward 1.— Steph. Frothingham, 2.— E. C. Stevens, 3.— Charles E. Barrett, 4. — J. B. Cummings, Ward 5. — S. R. Lyman, 6. — Alvah Conant, 7. — ^Edward Fox. common COUNCIL. WILLIAM D. LITTLE, President. Ward 1.— Simeon Skillings, 3d, Eliphalet Webster, William G. Kimball. 2.- -Hosea Harford, James Crie, Moses Russell. 3.— William D. Little, Thomas Cummings, Thomas Warren. 4. — Moses Merrill, William E. Kimball, Calvin Gilson. Ward 5. — George Worcester, Eleazer McKenney, Charles Blake. 6.— N. O. Cram, John Bradford, Jedediah Jewett. 7.— Thomas W. O'Brien, Hiram Brooks, Nathan Mayhew. John H. Willlims, Clerk. 614 APPENDIX. 1851. MAYOR. NEAL DOW. ALDERMEN. Ward 1. — Stepli. Frothingham, 2. — George Pearson, 3. — Samuel Chase, 4. — J. B. Cummings. Ward 5. — Charles Jones, 6.— Wm. W. Thomas, 7. — Hiram Brooks. COMMON COUNCIL. Ward 1. 2.- WILLIAM G. KIMBALL, President. Ward 5. — James E. Robinson, Veranus C. Hanson, -Simeon Skillings, 3d. William Hoit, S. B. Beckett. -William I. Cross, Joseph R. Brazier, Moses Russell. -*Bradbury Dearborn, Henry Nowell, Daniel Plummer. -Moses Merrill, Joseph Ring, William Cammett. Hanson M. Hart. 6. — Jedediah Jewett, John Bradford, William G. Kimball. 7.— John W. Rand, Nathaniel Walker, • J. S. Palmer. John H. Willia:ms, Clerk. 1852. MAYOR. ALBION K. PAERIS. Ward 1. — ^Robert Dresser, 2. — George Pearson, 3.— W. P. Smith, 4. — James Furbish, aldermen. Ward 5.- 6.- 7.- COMMON COUNCIL. -Hezekiah Winslow, -Jacob McLellan, -J. S. I*almer. CHARLES B. SMITH, President. Ward 1. — John Chase, John H. Short, L. D. Mason. 2.— H. Bailey, Joseph Hay, J. R. Brazier. 3. — John Yeaton, C. C. Harmon, Charles Holden. 4. — Joseph Ring, Calvin Gilson, Charles D. Bearce. Ward 5. — P. Fox Varnum, Charles B. Smith, Ezra Russell. 6. — Nathaniel Warren,* Edwin Churchill, Abiel Somerby, Charles H. Haskell. 7.— John W. Rand, Charles H. Lovejoy, F. Seymour Nichols. John H. Williams, Clerk. ^Resigned, and Mr. Haskell elected to vacancy. CATALOGUE OF CITY GOVERNMENT. 615 1853. MAYOR? JAMES B. CAHOON. ALDEKMEN. Ward 1. — Samuel L. Carletoa, 2. — George Pearson, 3.— Geo. W. Woodman, 4.— Rufus E. Wood, Ward 5.— O. L. Sanborn, G.^Tacob McLellan, 7. — Jonas Perley. COMMON COUNCIL. Ward 1. — Emery Cashing, Moses G. Dow, Sewall MitcheU. 2. — Samuel Blanchard, Joseph Hay, Thomas P. Sweetsir. 3.— William E. Kimball, William C. Means, Daniel Green. 4. — Joseph Ring, James Todd, George Lord. EDWARD P. GERRISH, President. Ward 5.— Ezra Russell, Albion Witham, Charles B. Merrill. 6. — Rufus Horton,' Nathaniel Ross, Edward P. Gerrish. 7.— N. P. Cushman, Marshall Rood, Charles H. Green. John H. Williams, Clerk. 18o4. mayor. JAMES B. CAHOON. ALDERMEN. Ward 1.— Samuel L. Carlton, 2. — Henry A. Jones, 3.— Geo. W. Woodman, 4.— Rufus E. Wood, Ward 5.— O. L. Sanborn, 6. — N. Cummings, 7. — Hiram Brooks. COiOION COLTfCIL. HENRY C. BABB, President. Ward 1. — Henry Robinson, Sewall Mitchell, Henry C. Babb. 2. — Samuel Blanchard, Rufus Beal, George W. Brown. 3.- -Wm. C. Means, N. J. Gilman, Daniel Green. 4. — James Todd, Joseph Ring, James S. Marrett. Ward 5. — Ezra Russell, Charles B. Merrill, Albion Witham. 6. — Daniel L. Choate, George Worcester, Augustus E. Stevens. 7.— Sewall C. Chase, Charles H. Green, Denney M. C. Dunn. John T. Hull, Clerk. 38 61G APPENDIX. 1855. MAYOR. NEAL DOW. ALDERMEN. Ward 1. — Samuel L. Carleton, 2. — Henry A. Jones, 3. — ^Joseph Libby, 4. — Joseph Ring, "Ward 5. — S. J. Anderson, 6.— Wm. W. Thomas, 7. — ^Hiram Brooks. COMMON COUNCIL. HEZEKIAH PACKARD, President. Ward 1. — Moses G. Dow, Henry Robmson, Joseph York. 2.— R. O. Webster, Paul Hall, George W. Brown. 3.- -N. J. Gilman, Wm. C. Means, George P. Ayer. 4. — James Todd, James S. Marrett, Stephen Emerson. Ward 5.— Eli Webb, Ira P. Farrington, Wm. P. Stodder. 6. — Daniel L. Choate, John B. Carroll, Hall J. Little. 7. — Hezekiah Packard, Thomas Starbird, Charles H. Green. John T. Hull, Clerk. 1856. MAYOR. JAMES T. McCOBB. ALDERMEN. Ward 1.— S. R. Leavitt, 2. — J. R. Brazier, 3.— C. C. Harmon, 4.— R. E. Wood, Ward 5. — S. J. Anderson, 6.— N. O. Cram, 7. — J. S. Palmer. COMMON COUNCIL. CHARLES HOLDEN, President. Ward 1. -D. W. Fessenden, William V. Bowen, Joshua F. Weeks. 2. — Joshua Dyer, W. H. Purinton, Charles H. Warren. 3. — Charles Holden, Wm. D. Little, J. W. Russell. 4. — Stephen Emerson, James Todd, ' C. H. Adams. Ward 5.— A. K. Shurtleff, William P. Stodder, I. P. Farrinerton. -T. A. Roberts, C. H. Haskell, Hall J. Little. 7.— Willard Brackett, C. H. Stuart, Daniel Garland. M. F. Whittier, Clerk. CATALOGUE OF CITY GOVERNMENT. 617 1857. MAYOR. WILLIAM WILLIS. ALDEKVIEN. Ward 1.— S. R. Leavitt, 2. — D. W. Fessenden, 3.— N. J. Miller, 4.— R. E. Wood, Ward 5. — E. Trowbridge, 6. — Rensalear Cram, 7. — Samuel E. Spring. COMMON COUNCIL. H. B. HART, President. Ward 1.— William V. Bowen, Ward 5.— H. B. Hart, J. F. Weeks, Nathaniel Walker, Moses Gould. Henry Willis. 2. — Jonathan M. Heath, Samuel Waterhouse, Jr. Greorge M. Elder. 3.— Benjamin Fogg, Francis Blake, D. D, Akerman. 4. — James Todd, Stephen Emerson, C. H. Adams. 6.— Stephen Patten, Frederick Hatch, Aretus Shurtleff. 7.— J. N. Morrill, L. B. Smith, John P. Lowell. M. F. Whittier, Clerk- 1858. MAYOR. JEDEDIAH JEWETT. ALDERMEN. Ward 1.— William V. Bowen, 2.— D. W*. Fessenden, 3.— N. J. Miller, 4. — James Todd, Ward 5. — Mark P. Emery. 6. — E. McKenney, 7. — Samuel E. Spring. COMMON COUNCIL. LEWIS B. SMITH, President. Ward 1.- -Moses Gould, Emerj' Cushing, Georsre W. Beal. 2. — Jonathan M. Heath, Samuel Waterhouse, George M. Elder. Jr. 3. 4.- -Benjamin Fogg, Francis Blake, D. 1). Akerman. -C. H. Adams, Stephen Emerson, J. D. Seavy. Ward 5.- -Stevens Smith, N. A. Foster, J. S. Boothby. -Frederic Hatch,. A. Shurtlefl; E. P. Banks. -J. N. Morrill, Lewis B. Smith, Levi Weymouth. J. T. Hull, Clerk. 618 APPENDIX. 1859. MAYOR. JEDEDIAH JEWETT. ALDEmiEN. Ward 1.— William Curtis, 2. — Daniel W. Fessenden, 3. — J. K. Thompson, 4, — James Todd, Ward 5. — Mark P. Emery, 6. — Eleazer McKenney, 7. — Hiram Brooks. COMMON COUNCIL. LEWIS B. SMITH, President. Ward 1. -George W. Beal, Emery Gushing, William A. Winship, -Gharles M. Plummer, William G. How, Samuel Waterhouse. 3.-^D. D. Akerman, Samuel W. Larrabee, William L. Alden. 4. — James D. Seavey, B. F. Chadbourn, Samuel S. Webster. Ward 5. — Stevens Smith, N. A. Foster, John Lynch. 6-— William W. Thomas, John W. Lane, G. A. Ghurchill, 7. — ^Levi Weymouth, Lewis B. Smith, John W. Rand. Gyrus Noavell, Clerk. 1860. mayor. JOSEPH HOWARD. ALDERMEN. 'Ward L — Emery Gushing, 2.— J. W. Dyer, 3. — J. R. Thompson, 4. — Samnel Trask, Ward 5.— Gharles P. Kimball, 6.— H. J. Libby, ' 7.— J. S. Palmer. common council. O. M. MARRETT, President. Ward 1. — George W. Beal, George Trefethen, H. G. Lovell. 2. — John Barbour, E. D. Ghoate, Samuel Rounds. 3.— S. W. Larrabee, John Lynch, Otis Cutler. 4.- -W. L. Putnam, Thomas Parker, B. F. Chadbourn. Ward 5.— E. G. Bolton, Ezra Russell, O. M. Marrett. 6.— William W. Thomas, , John W. Lane, George A. Churchill. R. M. Richardson, Simeon Shurtleff, Gharles H. Stuart. D. H. Ingraiiam, Clerk. CATALOGUE OF CITY GOVERNMENT. 619 1861. MAYOR. WILLLAjVI W. THOMAS. ALDERMEN. Ward 1. — Moses Gould, 2.— John E. Donnell, 3.— S. W. Larrabee, i. — Samuel Trask, Ward 5.— Charles P. KimbaU, 6. — Edward Hamblen, 7. — Levi Weymouth. COMMON COUNCIL. HENRY FOX, President. Ward 1.— George Trefethen, William A. Winship, Daniel Brown. 2.— Dorvill Libby, Charles H. Osgood, Rufus Beal. 3. — John Lynch, James Bailey, John True. -W. L. Putnam, George H. Chadwick, Sewell Waterhouse. Ward 5. — Orland M. Marrett, Gardner Ludwig, Charles W. Strout. 6. — Thomas A. Roberts, Henry Fox. Benjamin Stevens, Jr. 7. — Jonathan H. Fletcher, Risworth Rich, William H. Stewart. Ira J. Batchelor, Clerk. 1862. MAYOR. WILLLOI W. THOMAS. ALDERMEN. Ward 1.— Moses Gould, 2.— R. C. Webster, 3.— S. W. Larrabee, 4. — William L. Putnam, Ward 5.— A. K. Shurtleff, 6. — Thomas R. Jones, 7.— D. H. Furbish. COMMON COUNCIL. HENRY FOX, President. Ward 1.— William A. Winship, Increase Pote, Daniel Brown. 2.— C. H. Osgood, Rufus Beal, Dorville Libby. 3. — James Bailey, John True, Charles Holden. 4.— George H. Chadwick, James McGlinchy, Sewall Waterhouse. Ward 5. — Gardner Ludwig, E. H. Da^'ies, Henry Trickey. 6. — Henry Fox, Benjamin Stevens, Jr. T. E. Twitchell. Ward 7.^William H. Stewart, Samuel E. Spring, J. H. Fletcher. Ira J. Batchelor, Clerk. 620 APPENDIX. 1863. MAYOR. JACOB McLELLAN. ALDERMEN. Ward 1. — George W. Beal, 2.— F. C. Moody, 3.— S. W. Larrabee, 4. — Benjamin Larrabee, 2d, Ward 5. — Stevens Smith, 6.— F. G. Messer, 7.— William H. Stewart. COMMON COUNCIL. THOMAS E. TWITCHELL, President. Ward 1. — Increase Pote, William Brown, J. D. Snowman. 2.— S. Whitmore, Henry L. Paine, Samuel Waterhouse. 3.. — Charles Holden, John True, James Bailey. 4. — James McGlinchy. J. H. Harmon, C. H. Fling. Ward 5.— Gilbert L. Bailey, Edmund Phinney, George L. Storer. 6.- -T. E. Twitchell, J. II. Hamlen, T. E. Stewart. 7.— 0. K. Ladd, Joseph Johnson, Brown Thurston. Ira J. Batchelor, Clerk. 1864. mayor. JACOB McLELLAN. ALDERMEN. Ward 1.— George W. Beal, 2. — Franklin C. Moody, 3. — John E. Donnell, 4. — John G. Hayes, Ward 5. — Stevens Smith, 6.— F. G. Messer, 7.— Wm. H. Stewart. COMMON COUNCIL. JAMES H. HAMLIN, President Ward I. — Increase Pote, Wm. Brown, J. D. Snowman. 2.- -S. Whittemore, Jere Howe, Wm. G. Soule. 3. — John T. Gilraan, C. H. Burr, Cyrus Nowell. 4. — A. P. Morgan, C. A. Gilson, Edwin Clemens. Ward 5.— G. L. Storer, Gilbert L. Bailey, Edmund Phinney. 6.— J. H. Hamlen, T. E. Stewart, Eben Corey. 7.— C. K. Ladd, Joseph Johnson, Brown Thurston. Ira J. Batchelor, Clerk. CATALOGUE OF CITY GOVERXMEXT. 621 1865. MAYOR. JACOB McLELLAN, ALDERMEN. Ward 1.— Thomas S. Jack, 2. — Stephen Whitteraore, 3. — John E. Donnell, 4.— A. P. Morgan, Ward 5. — ^Edmund Phinney, 6.— Wm. Ia Southard, 7. — George F. Foster. COMMON COUNCIL. GILBERT L. BAILEY, President.- Ward 1. — Joseph S. York, Charles Bailey, John J. Gerrish, 2. — Jere Howe, George G. Soule, C. M. Rice. 3. — Cyrus No well, C. H. Burr, Daniel Pluramer. 4. — Charles A. Gilson, W. C. Robinson, Joseph Bradford. Ward 5.— Gilbert L. Bailey, Thomas F. Cummings, A. P. Fuller. 6.— Eben Corev, " E. P. Gerrish, Charles Staples, Jr., 7. — Ambrose Giddings, F. W. Clark, John M. Brown. Ira J. Batchelder, Clerk. 1866. MAYOR. AUGUSTUS E. STEVENS. ALDERMEN. Ward 1.— Thomas S. Jack, 2. — Stephen Whittemore, 3. — Charles Holden, 4. — A. P. Mororan, Ward 5. — Edmund Phinney, 6.— Wm. L. Southard, 7. — Ambrose Giddings. COM3ION COUNCIL. CHARLES M. RICE, President. Ward 1.- J. J. Gerrish, J. S. York, J. W. Brackett. 2— C. M. Rice, D. W. Fessenden, S. H. Colesworthy, 3. — Daniel Plummer, J. B. Mathews, Augustus D. Marr. 4.— C. A. Gilson, W. C. Robinson, Joseph Bradford. Ward 5.— A. P. Fuller, Wm. Gray, W. P. Files. 6.— E. P. Gerrish, Charles Staples, Jr., C. R. Milliken. 7.— F. W. Clark, Wm. H. PhilUps, Elias Chase. Ira J. Batchelor, Clerk. 622 APPENDIX. 1867. MAYOR. AUGUSTUS E. STEVENS. ALDERMEN. Ward 1. — Russel Lewis, 2. — Charles M..Rice, 3. — Wm. Deeringj 4.— C. A. GHson, Ward 5. — Gilbert L. Bailey, 6. — Thomas Lynch, 7. — Ambrose Giddings. COMMON COUNCIL. FRANKLIN FOX, President. Ward L- -H. H. Burgess, J. S. Winslow, James Knowlton. 2.— S. H. Colesworthy, Franklin Fox, George W. Green. 3.— J. B. Mathews, Albert Smith, J. A. Thompson. 4. — Wm. C. Robinson, Joseph Bradford, J. C. Shirley. Ward 5. — Wm. Gray, W. P. Files, A. D. Marr. -C. R. Milliken, A. P. Fuller, Frederic N. Dow. 7. — Elias Chase, W.U. Phillips, Wm. E. Gould. F. A. Gerrish, Clerk. 1868. MAYOR. JACOB McLELLAN. aldermen. Ward 1. — Russell Lewis, 2. — Samuel Rounds, 3. — ^William Deering, 4. — Ezra Carter, Jr. Ward 5. — Albert Maverick, 6. — Francis Fessenden, 7.— William E. Gould. COMMON COUNCIL. GEORGE A. WRIGHT, President. Ward 1.- -Henry H. Burgess, Jacob S. Winslow, James Knowlton. 2.— John W. Swett, Michael Lynch, William Goold. 3. — John A. Thompson, Albert Smith, James Noyes. 4. — James H. Harmon, George H. Chad wick, Charles McCarthy, Jr. Ward 5. — Augustus D. Marr, Joseph K. Merrill, Marquis F. King. 6.— Fred N. Dow, George A. Wright, Charles E. Jose. 7. — John F. Leavitt, Cullen C. Chapman, William A. Winship. F. A. Gerrish, Clerk. CATALOGUE OF CITY GOVERNMENT. 623 1869. MAYOR. WILLIA3I L. PUTNAM. ALDERMEN. Ward 1.— William Curtis, 2. — Samuel Rounds, 3. — Daniel Plummer, 4. — Ezra Carter, Ward 5. — George P. Wescott, 6.— Ge6rge A. Wright, 7.— Sewall C. Strout. • COMMON COUNCIL. JAMES H. HARMON, President. Ward 1. — Charles Merrill, Johu H. Gaubert, . John O.* Rice. 2.— John W. Swett, William Gould, James Quinn. 3. — James Noyes, Eben A. Sawyer, Joseph H. Coffin. 4. — James H. Harmon, Charles McCarthy, Jr. Edward H. Daveis. Ward 5.— Robert B. Henry, Joseph M. Plummer, George A. Walden. 6. — Charles E. Jose, Richard O. Conant, Frederick Fox. 7. — James M. Kimball, Henry Thing, Paschal B. Bailey. George L. Swett, Clerk. 1870. MAYOR. BENJAJMIN KINGSBURY, JR. ALDERMEN. Ward 1. — William Curtis, 2.— Timothy B. Tolford, 3. — ^William Senter, 4. — Charles McCarthy, Jr. Ward 5. — George P. Wescott, 6. — James Bailey, 7. — William A. Winship. COMMON COUNCIL. FREDERICK FOX, President. Ward 1. -Charles Merrill. John O. Rice, James Cunningham. 2. — William H. Simonton, John W. Swett, Francis B. Barr. 3. — Lorenzo Taylor, William P. Hastings, Joseph F. Laud. 4. — Edward H. Daveis, Leander Stevens, Orrin S. Fogg, Ward 5. — George H. Waldron, Abner O. Shaw, Charles B. Nash, 6. — Richard O. Conant. Frederick Fox, Isaac Jackson. 7. — John F. Leavett, Charles C. Tolman, James E. Haseltine. Benjamin Barnes, Jr. Clerk. 624 APPENDIX. 1871. BENJAMIN KINGSBURY, JR. Ward 1. — Charles Merrill. 2. — William H. Simonton, 3. — William Senter, 4. — Charles McCarthy, Jr. ALDERMEN. Ward 5. — Marquis F. King, 6. — Eben Corey. 7. — William A. Winship. COUNCIL COUNCIL. JAMES E. HAZELTINE, President. Ward 1.- -James Cunningham, John H. Gaubert, Charles Stanwood. 2.— John W. Swett, William McAleney, Eugene F. Austin. 3. — Charles Holden, William H. Josselyn, Samuel S. Rich. 4. — Edward H. Daveis, Orrin S. Fogg, Seth C. Gordon. Ward 5. — Abner O.Shaw, Micah Sampson, Lyman N. Kimball. , 6. — Isaac Jackson, William H. Fesseuden, Edwin Clement. 7.— Charles C. Tohnan, James E. Haseltine, Frederick W. Clark. Benjamin Barnes, Jr., Clerk. 1872. MAYOR. BENJAMIN KINGSBURY, JR. aldermen. Ward 1.— Joseph S. York, 2.— George C Littlefield, 3. — William H. Josselyn, 4. — Charles McCarthy, Jr. Ward 5. — Marquis F. King, 6. — Eben Corey, 7. — William A. Winship. COMMON COUNCIL. WILLIAM H. FESSENDEN, President. Ward 1.— John F. Randall, Henry P. Dewey, Edward N. Greely. 2.— Edward Thurston, Augustus F. Cox, Hiram H. Rich. 3.— Samuel S. Rich, William L. L. Gile, Alphonso Brunei. 4. — Edward H. Daveis, John Yeaton, Tho mas A. Foster. Ward 5. — Micah Sampson, Lyman N, Kimball, Ezra N. Perry. 6. — ^Edwin Clem cut, William H. Fesseuden, Henry C. Newhall. 7. — Frederick j\{ . Clark, Stephen R. Small, Chauncy Barrett. Benjamin Barnes, Jr., Clerk. CATALOGUE OF CITY GOVERNMENT. Q2o 1873. MAYOR. GEORGE P. WESCOTT. ALDERMEN. Ward 1.— Joseph S. York, 2._William Goold, 3. — Zemro A. Smith, 4.— Edward H. Davis, Ward 5. — Micah Sampson, 6. — Edwin Clement. 7. — Frederick W. Clark. COMMON COUNCIL. STEPHEN R. SMALL, President. Ward I.— John F. Randall, EdvVard N. Greely, Charles E. Trefethen. 2. — William McAleney, Moses Y. Knight, Angus J. McMahon. 3. — Edward Thurston, Alphonso Brunei, Oren B. Whitten, 4. — Samuel F. Merrill, Harris W. Gage, John S. Russell. Ward 6.— Ezra N. Perry, Stephen Marsh, Thomas A. Roberts. 6. — Henry Fox, Frederick F. Hale, Payson Tucker. 7.- -Stephen R. Small, Daniel W. Nash, William H. Green. Benja:viin Barnes, Jr., Clerk. 1874. MAYOR. GEORGE P. WESCOTT. ALDERMEN. Ward 1. — John J. Gerrish, 2.— William Goold, 3. — Zemro A. Smith, 4. — Edward H. Daveis, Ward 6. — Micah Sampson, 6. — Edwin Clement, 7. — Frederick W. Clark. COMMON COUNCIL. STEPHEN R. SMALL, President. Ward 1.— Charles E. Trefethen, William E. Dennison, Rensselaer Greely. , 2. — William McAleney, • Augustus J. McMahon, Leonard Pennell. 3. — ^Edward Thurston, Alphonso Brunei, Oren B. Whitten. 4. — Samuel F. Merrill, Hanno W. Gage, David D. Hannegan. Ward 5. — Ezra N. Perry, Stephen Marsh, Thomas A. Roberts. 6. — Henry Fox, Frederick F. Hale, Lemuel M. Lovejoy. 7.— Stephen R. Small, Daniel W. Nash, William H. Green. Benjamin Barnes, Jr., Clerk. 626 APPENDIX. 1875. MAYOK, ROSWELL M. RICHARDSON. ALDERMEN. Ward 1. — John J. Gerrish, 2.— John B. Littlefield, 3.' — Afphonso Brunei, 4. — Hanno W. Gage, Ward 5. — Ezra N. Perry, 6. — Henry Fox, 7. — Samuel Waterhouse. COMMON COUNCIL. FKEDERICK F. Ward 1. — Renssalaer Greely, William E. Dennison, Horace H. Shaw. 2. — James Cunningham, Augustus J. McMahon, Leonard Pennell. 3. — John Cammett, William W. Roberts, Lyman W. Cousens. 4.- -David D. Hannegan, John S. Russell, Isaac D. Cushman. HALE, President. Ward 5. — Charles Walker, James W. Plaisted, George A. Harmon. 6.— Frederick F. Hale, Lemuel M. Lovejoy, Cyrus L. Gallison. 7 — William T. Small, Albert Q. Leach, Harrison B. Brown. Benjamin Barnes, Jr., Clerk. 1876. MAYOR. FRANCIS FESSEKDEN. aldermen. Ward 1. — Renssalaer Greely, 2.— John B. Littlefield, 3. — ^Lorenzo Taylor, 4. — Isaac D. Cushman. Ward 5. — Ezra N. Perry, 6. — Henry Fox, 7. — Samuel Waterhouse. COMMON council. WILLIAM T. SMALL, President. Ward 1. — William E. Dennison, James Knowlton, John E. Noyes. 2. — James Cunnigham, William H. Sargent, John Gooding, Jr. 3. — Lyman M. Cousens, John Cammett, William W. Roberts, 4. — David D. Hannegan, John S. Russell, Benjamin F. Andrews. Ward 5. — Charles Walker, Stephen Marsh, Nathan E. Redlon. 6. — Cyrus L. Gallison, Benjamin C. Somerby, Albion Little. 7.— William T. Small, Albert Q. Leach, Harrison B. Brown. Benjamin Barnes, Jr., Clerk. CATALOGUE OF CITY GOVERNMENT. 627 1877. MAYOR. MOSES M. BUTLER. ALDERMEN. Ward 1. — Renssalaer Greely, 2. — James Cuimingham, 3. — Alphouso Brunei, 4. — Isaac D. Cushman, Ward 5.— Charles Walker, 6 — James E. Haseltine, 7.— WilUam T. Small. COMMON COUNCIL. ALBION LITTLE, President. Ward 1. — James Knowlton, John E. Noyes, Edward H. Sargent, Ward 2.— William H. Sargent, John Gooding, Jr. George H. Coyle. 3 William W. Latham, Albert Smith, Robert L, Morse, 4. — Benjamin F. Andrews, James L. Hayden, Charles F. Swett. Ward 6.— Nathan E. Redlon, Hanson S. Clay, Leonard Jordan. 6.— Albion Little, Thomas H. Haskell, James E. Sturges, 7. — Charles J. Chapman, Sumner Libby, Ashbel Chaplin. L. Clifford Wade, Clerk. 1878. mayor. MOSfiS M. BUTLER. ALDERMEN. Ward 1.— Reuel S. Maxcy, 2. — James Cunningham, 3. — Alphonso Brunei, 4. — Isaac D. Cushman, Ward 5. — Hanson S. Clay, 6. — James E. Haseltine, 7.— WiUiam T. Small. COMMON COUNCIL. CHARLES J. CHAPMAN, President. Ward 1.— Edward H. Sargent, Samuel Thurston, laac Hamilton. 2.— George H. Coyle, William Mclaugh, Emery S. Ridlon. 3.— William W. Latham, Albert Smith, Robert L. Morse. 4. — Benjamin F. Andrews, Dennis Tobin, Charles F. Swett. Ward 5. — Leonard Jordan, James H. Hall, Simon A. Dyer. 6.— Thomas H. Haskell, James E. Sturgis, Jacob W. Robinson. Ward 7. — Charles J. Chapman, Sumner Libby, Ashbel Chaplin. L. Clifford Wade, Clerk. I 628 APPENDIX. 1879. MAYOR. GEORGE WALKER. ALDERMEN. Ward 1.— Albert H. Waite, 2. — James Cunningham, 3.— Albert Smith,* 4. — Benjamin F. Andrews. Ward 5. — Hanson S. Clay, 6. — Perez B. Biirnham, 7.— William T. Small. COMMON COUNCIL. CHARLES J. CHAPMAN, President. Ward 1. — Sumner Barbour, Thomas H. Gately, Nathaniel Haskell. 2. — George H. Coyle, William Mclaugh, George W. Rice. 3.— John C. Tukesbury, Willard C. G. Carney, George H. Abbott. 4, — Montgomery S. Gibson, James E. Trickett, John G. Fitzgerald. Ward 5.— James H, Hall, Simon A. Dyer, Aurin L. Dresser. 6. — Jacob W. Robinson, William M. Marks, Charles D. J3. Fisk. 7. — Charles J. Chapman. Sumner Libby. Ashbel CJiaplin. L. Clifford Wade, Clerk. 1880. MAYOR. WILLIAM SENTER. ALDERMEN. Ward 1. — ^Edward H. Sargent, 2. — Thomas Hassett, 3. — Lorenzo Taylor, 4. — Benjamin Andrews, Ward 5. — John W. Deering, 6. — Albion Little, 7. — Charles J. Chapman. COMMON COUNCIL. CHARLES D. B. FISK, President. Ward 1. — Samuel Thurston, William G. Soule, Richard K. Gatley. 2.— Edward Duddy, Arthur H. Harding, Daniel M. Mannix. 3.— John C. Tukesbury, Willard C. G. Carney, George H. Abbott. 4. — James E. Fickett, Henry I. Nelson, Edward A. Jordan. * Died May 4th, Lorenzo Taylor elected May 19th, to fill vacancy. Ward 5.— James H. Hall, Jairus Talbot, Whitman Sawyer. 6.— William M. Marks, Charles D. B. Fisk, Sylvester Marr. 7. — Holman S. Melcher, Thomas J. Little, William H. Pennell. L. Clifford Wade, Clerk. CATALOGUE OF CITY GOVERNMENT. 629 188].. MAYOR. WILLIAM SENTER. HOSEA I. ROBINSON, City Clerk. ALDERMEN. CHARLES J. CHAPMAN, Chairman, Ward L— Edward H. Sargent, 2. — Thomas Hassett. 3. — John C. Tukesbury. 4. — Edward B.Winslow, Ward 5. — John W. Deering, 6. — Albion Little. 7. — Charles J. Chapman. COMMON COUNCIL. SAMLTEL THURSTON, President. Ward 1. — Samuel Thurston, William G. Soule, Richard K. Gately. 2.— Edward Duddy, John V. Bradley, Robert M. Gould. 3. — Augustus H. Prince, Horatio Clark, Samuel B. Kelsey. 4. — Charles M. Cushman, William McAleney, John Sullivan, Jr. Ward 5.- - Whitman Sawyer, Jarius Talbot. James F. Hawkes. 6. — Sylvester Marr, Thomas Shaw, Charles D. Brown. 7. — Holman S. Melcher, William H. Pennell, Stephen B. Winchester. L. Clifford Wade, Clerk. City Clerks of Portland. Names. Terms of Office. Joseph Pope, - 1832, to 1841. Albert Smith, 1842. Amos Nichols, 1843. William Boyd, - - - 1844, to 1855. James Merrill, 1856. WilUam Boyd, 1857, to 1859. James Todd, 1860. Jonathan N. Heath, 1861, to 1868. George C. Hopkins, 1869. Hosea I. Robinson, 1870, to 1881. INDEX. INDEX ABSENTEES from school, provisions respecting, 432. See Traants. ABUSED and neglected children. See Children, 110. ACCOUNTS, committee on, 182. See Finance. ACTIONS. See Elections, 169. • See Fire Department, 190-192. See Gunpowder, 224. See Steam, 458. See Streets, 468-474, 475. See Taxes, 527-530. ACTS, to confer certain powers on the city of Portland, 25. anthorizing the city to aid in the construction of the Atlantic and St. Lawrence Railroad, 363, 369, 379, 381, 384, 391. to aid Portland and Ogdensburg Railroad Company, 391. to incorporate Portland Gas Light Company, 212, 218, 220. to incorporate Portland and Forest Avenue Railroad Company, 403, 409. general railroad acts, 409, 410, 411. ADULTERATED food or liquors not to be sold, 256. AGENTS, For sale of liquor appointed, 47. his legal status, 47, note. compensation, 48. duty, 48. term, 48. vacancy how filled, 48. to sell to whom, 48. bond of, 48. certificate of, 48. his liquors to be marked, 49. his liquors not be seized, when, 49. 634 INDEX. AGENTS, his adulterated liquors not protected, 49. not to sell minors, or Indians, or soldiers, or some others, 49. violating law how punished, 50. to keep record of sales, 50. penalty for not keeping record, 50. penalty for false representations to, 50. to purchase of State Commissioner, 50. penalty for not so purchasing or for adulterating, 51. disposal of funds — ordinance, 51. to keep account with treasurer, 51. • money received from, how appropriated, 51. balance to credit of, 51. AGREEMENT of city of Portland with Atlantic & St. Lawrence Railroad Company, 386. ALDERMEN,*oard of to consist of seven, 26. shall not receive salary, 36. to prepare list of voters, 157. one in each ward to be elected, 32. to be elected by ballot, 32. to hold office for one year, 32. shall examine copies of records of wards, 33. . shall notify the mayor elect, 33. oaths of office, 33. shall choose a chairman, 34. city clerk shall be clerk of the board, 36. their duties. See City Charter, Carriages, Elections, Fire, Gun- powder, Health, Jurors, Liquor Agent, Nuisances', Riots, Streets. ALLEYS. See Bowling Alleys, Streets. ALMS HOUSES. See Paupers. AMUSEMENTS, penalty for exhibition of without license, 53. licenses and regulations for, 53. " ANIMALS, certain, fast driving of in the streets prohibited, 489. not to run at large, 489. not to be frightened, 489. not to go upon sidewalk, 489. with wood for sale, not to be fed in street, 578. APPEAL, for damages of laying new streets. See Streets. to supreme court respecting drains, &c. See Drains and Sewers. INDEX, 635 APPRENTICES, poor children may be bound out by overseers of poor, 331, See Paupers. APPROPRIATIONS, when expenditures exceed, notice to be given, 138. AQUEDUCTS, pipes and conduits, in certain cases exempt from taxation, 513. ASSEMBLIES, public, penalty for breaking up, 55. egress from, 55. duty of municipal oflScers, 55, 56, 57. ASSESSMENT, See drains and sewers. ASSESSORS, appointed by City Council 27, 28. See Taxes. duties as to births and deaths, 120. ASSIZE of Bread, 67. ASSISTANT ASSESSORS, appointed by city council, 28. ATLANTIC AND ST. LAWRENCE R. R. See Railroads. wharves. See harbor of Portland and Wharv^es. ATTACHMENT, of property which cannot be removed. See City Clerk, 122. of vessels on stocks. See City Clerk, 123. ATTORNEY, COUNTY. See Elections, 163. AUCTION, goods not to be sold at on street without authority, 60. lumber obstructing street to be sold at, 480. AUCTIONEERS, to be licensed, 58. record of license to be kept, 58. appeal to county commissioners in case refusal to license, 58. to keep account of goods sold, 59. penalty for allowing one not a voter in town to act under, 59. penalty for receiving goods of minors, 59. as to sale of certain real estate, 59. penalty for permitting any one to sell contrary to law, 59. exceptions as to rules of officers, 60. fines and special licenses, 60. not to sell except in places assigned, 60. AUDITOR, city, elected annually, 113. See Sinking Fund. to give bond, 113. case of death, &c., successor appointed, lU. to examine vouchers, «S;c., 114. to countersign drafts, 114. committee on accounts to direct auditor, «S;c. 114. to keep books, 115. to examine all bills against city, &c., 115. to make annual estimates and statement of expenditures, 115. to open account with treasurer, 116. 636 INDEX. AUDITOR, duty in case money is paid in advance, on contract, 114. not over five hundred dollars to be paid without direction of commit- tee on accounts, 114. to examine sealed proposals, &c., 127. AWNINGS, and SHADES. See Streets. BACK COVE FLATS. See Streets, 498. BALLAST not to be thrown into harbor, 231, 233. BANKS, real estate of, where taxed, 520. stock of, where taxeil, 520., cashier of, to exhibit books, 521. BALLOT BOX, one only allowed. See Elections, 160. BARK. See Wood. BATHING, so as to be exposed to view, 456. BELLS* See Carriages, 89. ringing for false alarm of fire, 195. of engines in Commercial Street, 184. BILLIARD ROOMS, restrictions upon, 73. BIRTHS, record of. See City Clerk, 119. BLANK BOOKS AND STATIONERY, contracts for, 138. BLASTING ROCKS. See Streets, 483. BOARDS. See Lumber. BOARD OF ENGINEERS. See Fire. BOARD OF HEALTH, 256. BOARD OF TRADE, may appoint pilots, 342. and fix compensation, 342. BOATS AND LIGHTERS, to be marked and inspected, 61, penalty for using unmarked, or falsely, 61. inspectors of, 61. penalty for throwing ballast into any road from, 61. BODY. See Health, 260, 274, 275. See Cemeteries, 93. BOND, of agent for sale of liquor, 48. of person licensed to keep bowling alley or billiard room, 54. of weigher of hay, 570. of collector of taxes, 525. BONDS. See Finance, 184, 185. See Railroads, 364, 367, 370, 389, 407. BONFIRE. See Fire Department, 194. BOOKS, for school children. See Schools, 439. INDEX. 637 BOUNDARY LINES of Portland, 63. perambulations of, 64. monuments to be erected on, 64. disputed, how settled, 64. to be run once in ten years, 64. BOW AND ARROW. See Streets, 484. BOWLING ALLEYS and billiard rooms, license for, 53. penalty for keeping without license, 63. licenses, ho^?, granted, 54. bond to be given, 54. bond violated, license revoked, 64. penalty for violation, 54. BOXES. See Streets, 495, BRAKEMEN. See Streets, 491. BREAD, assize of, 67. BRICKS, burning of, in parts of a town. See Fire Department. kilns, prohibited by vote ; fine, 193. BRIDGES, PRroES, 69. Stroudwater, 69. Vaughan's Bridge, original provisions of incorporation, 69. became free bridge, 68. draw, construction and regulation of, 70. expense of building, how paid, 70. • territorial limits, 71 Deering's Bridge, when laid out, 71. Back Cove Bridge, original provisions of incorporation, 71. location, restrictions, 72. draw and piers, 72. to be transferred to city, 72. to be toll free, 72. may be constructed for purposes of a draw, 72. draw to be kept, 72. vessels to pass free of expense, 72. tax may be assessed for support of, 72. Portland Bridge, incorporated, 73. location, 73. draw and piers, 73. Vessels to pass free of expense, 73. surrender to county, 73. acceptance as a free bridge, 73. side passage to Canal street to be built, 74. 638 INDEX. BRIDGES AND WAYS, towns may raise money for repair of, as other taxes, 472. BUILDINGS, demolishment of, at fires, 190. t occupations of, by livery stable keeper, sailmakers, and riggers, restrictions upon, 75. penalty therefor, 75. penalties for injuring or defacing, 76. wooden, erection of, over 10 feet high, forbidden without permission of mayor and aldermen, 77 . wooden, cities may make by-laws respecting .their erection, 75. penalty therefor, 75. notice to be given of intention to build, 7G. mayor and aldermen may cause numbers to be affixed to, 77. penalty for numbering contrary to directions, 77. cellar doors and platforms regulated, 77. to be lighted when open at night, 78. penalty for defacing, 78. bills or posters not to be placed on, 79. dangerous, to constitute a nuisance. See Nuisances, 317. unsafe. See Assemblies. erected and ,used for manufactures which cause offensive exha- lations, 319. for manufacture of gunpowder, 320. not to Obstruct streets, 485. not to be drawn or moved through streets without permit of mayor and aldermen, 485, bond to be given, 485. remaining beyond time permitted, to be removed, &c. at expense of the owner, 485. snow and ice falling from, to be removed. See Public Buildings and Streets, 497. BURIALS. See Cemeteries, Health. BURNED DISTRICT, rebuilding of, 416. See Title Rebuilding of Burned District. BURYING GROUNDS. See Cemetaries, Health. BY-LAWS, enacting style, 325. See Charter. CARRIAGES, drivers shall turn to the right, 80. not to travel without a driver, 80. not to obstruct the road, 80. bells to be attached to horses with sleigh or sled, 80. drivers shall not leave horses unfastened, 80. INDEX. 639 CARRIAGES, cities may establish rules and regulations respecting, 80. may annex penalties, 80. hackney carriages defined. 81. no person to set up, &c., without a license, 81. no person to drive without a license, 81. penalties, 81. licenses to be granted, 82. may be revoked, 82. record of licenses to be kept by city marshal, 82. one dollar to be paid for license, 82. marshal to make report of, and pay over sum for licenses, 82. when to expire and how transferred, 82. license to be endorsed by clerk, 82. who shall be liable for forfeiture, &c. , 82. penalty for not ta'king out and paying for license, 82. manner of marking and numbering, 83. no other number to be used, 83. carriage and horse not to be left except, &c., 83. shall not stand except in place assighed. 83. • shall not stop abreast of other carriages, 84. shall not stop to obstruct streets, &c., 84. driver shall wear badge, 84. f runners shall not be employed, 84. mayor may give directions for standing and route, 84. rates of fare, 85. ' amount of baggage to be carried, 85. carriages to be inspected, 86. carriages not to be driven by a minor, unless, &c., 86. Omnibuses, license for, may specify time of starting, 86. not to start until five minutes after preceding one, 9>^. stopping of regulated, 87. shall not leave designated route, 87. Trucks, wagons, drays, carts, hand-carts, sleighs, sleds and HAND-SLEDS, to be liccnscd, 87. not to be used without license, 87. licenses to be granted for, 88. may be revoked, 88. fee for license, 88. marshal to make report of, and pay over sum for same, 88. when license shall expire, 88. 640 INDEX. CARRIAGES, licerse to be endorsed by clerk, 88. how licenses sliall be transferred, 88. who shall be liable to forfeitures, 88. penalty for using for unlawful purposes, 88. paces at which horses shall go, 88. persons licensed, to obey rales and regulations, 89. Carriages in general, bells required when snow is on the ground, 89. shall not stop so as to obstruct foot passengers, 89. how trucks, &c., shall be placed, 90. loading and unloading regulated, 90. . stands may be assigned, 90. carts, &c., to be placed near sidewalks, 60. not more than one range to be placed in street, 91. horses harnessed not to be fed on sidewalks, 91. riding upon outside of carriages forbidden, 91. driver forbidden to transport dead body, 91. CARTS, regulated, 87. CASHIERS, of banks to exhibit books, 521. CASK. See Sidewalk, 495. CATTLE, not to go at large, 489. CELLAR DOORS, regulated. See Streets, 487. CEMETERIES, penalty for injury to monuments in, 92. may be enlarged on certain conditions, 93. ^ medical act of 1881, 93. disposition of bodies under same, 93. taxation, exemption of, 93. Note. public from private, 93. Note. city may make by-laws about Evergreen. Existing, ordinances made valid, 42, 94. Evergreen Cemetery, land, 94. trustees, 95, 96. superintendent, 97. occupancy of lots, 97. fund, 98. account, 99. burial on lots, 99. lots, general directions, 100. stones and monuments, 101. trees, 101. grades, 101. INDEX. 641 CEMETERIES, care of lots, 102. water, 102. loaded teams prohibited, \03. horses unfastened, 103. noises prohibited, 103. personal interest of oflScers in contract, 104. transportation, IScc, of trustees,* 104. undertakers, 104, 105. perpetual care, 106. description of. See City Clerk, 124. Forest City Cemetery, land, 107. • city treasurer to keep record, 107. superintendent, 108. committee authorized to enlarge, 108. sale of lots, 108. committee on cemeteries to be appointed, 108. to have custody of cemeteries, promenades, &c., 109. penalty for removing gravel from cemeteries or any public ground, 109. CERTIFICATE of agent for sale of liquor, 48. of appointment of officers of fire department, 196. of lunacy. See Lunatics, 301. of inability to pay for support of lunatics, 302. of marriage. See City Clerk, 118, 119. See Schools, 436. CHARCOAL. See Wood. CHARTER. See City Charter. CHECK LIST. See City Clerk, 125. See Elections, 160, 163. CHIEF ENGINEER. See Fire Department. CHILDREN, abused and neglected, hearing on cases, 110. duty of municipal officers, 110. complaint to court. 111. magistrate may place in control of private person. 111. custody to be taken in some cases by municipal officers, 111. parents may apply to have custody restored, 112. expense of support, 112. towns may provide for support, 112. poor, may be bound out, 331. employment of in manufactories, 305. 642 INDEX. CHILDREN, non resident, 446. between certain ages required to attend school, unless, &c., 431-445. See Schools, Truants. ^ ' CHIMNEYS, defective, repaired at order of municipal oflEicers. See Fire Department, 191. CITIZENS, meetings of. See Charter, and Elections. general meetings, 36. • * CITY AUDITOR. See Auditor. CITY BUILDINGS. See Constable and Messenger, 128. CITY CLERKS. See Clerk. CITY ENGINEER! See Engineer. CITY FARM, teams of city kept at. See Streets, 479. CITY HALL, erection and use of, 133. CITY HAY SCALES, weigher of hay to have control of, 244. CITY MARSHAL. See Marshal. CITY PHYSICIAN. See Health, 262. CITY PROPERTY. See Charter. CITY SEAL. See Seal of City. CITY SOLICITOR. See Solicitor. CITY TREASURER. See Treasurer, Finance, Railroads. CLERK, CITY, shall be clerk of board of aldermen, 36. general duties under the charter, 36. shall give notice of ward meetings, 36. shall perform duties prescribed, 36. ^ shall act as clerk at citizens' legal meetings, 36. to endorse transfer of carriage licenses, 82. to endorse transfer of trucks, &c., licenses, 88. to keep records of doings of board of aldermen, 126. of conventions of city council, 126. to notify persons appointed to office, 126. to notify chairmen of committees, 126. to preserve all papers belonging to the city, 126. to keep ordinance in books, 126. to procure stationery, 126. to lay record thereof before city council, 126. to draw bills and ordinances, 126. . perform duties prescribed, 126. to make an estimate of stationery and blank books and advertise for sealed proposals, 127. time of advertisements, 127. INDEX. 643 CLERK, CITY, to examine proposals, 127. to award contracts, with auditor, 127. to procure other needfUl articles, 127. to record notices of intention of marriage, 118. to keep book for public inspection, 118. to give certificate of notice of intention of marriage, 118. penalty for false certificate, 119. not to isssue certificate to persons under age, 118. not to issue certificate to paupers, 118. penalty for same, 118. duty where marriage is forbidden, 118, 119. • return of marriage to be made to him, 119. to make annual return to clerk of courts, 119. to record births and deaths, 119. parents, &c., to notify clerk, &c., 120. fees for above duties, 120. penalty for neglect of above, 120. to record mortgages of personal property, 121. mortgages to be recorded, where, 120. mortgages, how to be redeemed, 121. mortgages, how foreclosed, 121. proceedings when mortgages out of State, 122. Hohnes' note, when for morp than 630, must be recorded by, 122. attachment of personal property, how preserved when property can- not be removed, 122. lien on building and lot must be recorded in clerk's office within thirty days, 123. vessels on stocks, attachment how made, 123. record of such attachment, 123. particulars for enforcing such lien, 123. record of sales of personal property sold to enforce a lien, 123. proprietors' records, how preserved, 124. licensing board, 12-1. cemeteries, description of, 124. pews deemed real estate, 124. board for preparing list of jurors, 124. who selected for jurors, 125. clerk to keep jury box, 125. tickets in box to be drawn once in three years, 125. check list, 125. 644 INDEX. CLERK, CITY, penalty, 125. check list to be preserved, 125. certified copies, 125. to cause officers to be summoned before him to take oath, 125. may record his own election, 125. election of officers recorded, 125. deputy clerk to do all duties, 125. . to communicate name of treasurer to treasurer of State, 126. duties of city clerk, 126. to purchase stationery and blank books, 126. * duties as to drains and sewers, 146. fire department, 201. to sign certificate of appointment of officers of fire department, 196. penalty if guilty of fraud in selection of jurors, 290. member of licensing board, 281. to make record of licenses granted, 282. duty to prosecute violations, 283. to record licenses for erection of stationary steam engines, 321. notice of appeal for damages, by laying out streets to be served upon, 465. to record names of streets, 494. description of sidewalks, 494. COACHES, regulated. See Carriages. . COAL HOLES, regulated. See Streets. COASTING, in streets forbidden. See streets. COMMERCIAL STREET, speed of trains in, regulated, 490. engine bell to be rung continually, 490. brakemen constantly at brakes, 491. penalties, 491. articles to be unloaded on southeast side of railroad track, 491. and shall not be so placed as to obstruct, 491. engines, &c. not to obstruct streets or passage ways, 491. side tracks or turnouts not to be laid without, 491. vessels or boats not to be made fast to coping stones, 492. penalties, 492. COMMISSIONER, LIQUOR, to sell city, 50. COMMISSIONER OF STREETS, to put down monuments when requested by committee on streets or city engineer. See Streets, 479-500. to give notice to persons to repair streets, 478. duties respecting grading streets, 478. INDEX. 645 COMMISSIONER OF STREETS, to be elected, 478. to be sworn, 478. compensation, 478. . to keep streets safe, &c. 478. to superintend general state of streets, 478. not td change grade of streets, without, &c. 478. to make contracts, 478. to take charge of teams, &c., 478 powers of street commissioners of town of Portland given to, 478. to pay damages sustained in consequence of neglect of duty, 478. to be acquainted with lines of streets, &c. 479. » to remove obstructions, 479. to perform duties prescribed, 479. to make arrangements for supply of labor, 479. may have city teams kept at city farm, 479. to discharge bills contracted once a month, 479. to render account to aldermen, 479. io render annual account to city council, 479. • to cause stone monuments to be erected, 479. to cause drains and aqueducts opened to be repaired, 481. to remove building materials, &c. obstructing streets, 482. to superintend the laying of side tracks in Commercial street, 491. to furnish bricks, &c. to lay. sidewalks at expense of city, 493. to direct laying, &c. 493. rights and duties not to be limited by construction of ordinance, 498. encroachment on streets, 499. gas company to give notice to, of intention to lay down pipes, «Sbc. 504. company to repair streets to satisfaction of, 506. if not, commissioner to repair at expense of company, 506. to certify if work is done to his satisfaction, 504. COMMON CRIERS. See Criers. COMPLANTS. See Children, 111. CONSTABLE AND MESSENGER, CITY, to be appointed by city council, 128. to deliver notifications, &c., 728. to arrange rooms, &c., for meetings of city council, 128. to perform the duties of clerk of the market, 128 to have the superintendence of city hall and city government house, 128. to have care of ward rooms, 128. to be subject to orders of city council, 128. 646 INDEX. COLLARS. See Dogs, 143. CONSTABLES, wards to elect two each, 137. island to elect one, 137. penalty for not summoning voters, 166. CONSTABLE, election warrants. See City Clerk, 173. CONSULTING PHYSICIANS. See Health, 262. CONTAGIOUS DISEASES. See Health. CONTRACTS AND EXPENDITURES, member of city government not to vote on any question in which he has a pecuniary interest, 137. pecuniary interest in any city contract prohibited to members of , city government, 137. proceeding to enforce two preceding rules, 137. deficiency of appropriations, 137. contracts not to be concluded where appropriations are deficient, 138. committees limited in expenditures, 138. Contracts for Blank Books and Stationery, 138. contracts made valid. See Finances, 182. unauthorized contracts by municipal oflicers may be made valid, 182. CORDWOOD. See Wood. COUNCIL, CITY, term includes what, 129. stated meetings of, 129. special meetings to be called by the mayor, 129. of Portland authorized to contract with Gas Company, 214. See Streets. COMMON, duty of clerk of, 135. See Charter. COUNTY ATTORNEY, See Elections, 163, 167. COUNTY CONMISSIONERS. See Streets, 469. COURT, MUNICIPAL, judges of municipal and police courts, appointment of, 313. Portland municipal court, 313. jurisdiction of judge, 313. not to act as attorney or counsel in any case within jurisdiction of his court, 313. his jurisdiction in cases of larceny and ofiences against city by- laws, 313. houses of ill fame, 313. right of appeal from, 313. fines, to be accounted for, 314. jurisdiction when penalty accrues to the city, 314. INDEX. ' 647 COURT, MUNICIPAL, court to be held on Mondays, 314. recorder, how appointed and qualified, 314. writs to be under seal of court, bear test of judge and be signed by recorder, 314. powers of recorder in absence of judge, 314, 315. in case of vacancy of judge, 315. justice of the peace substituted in absence of judge and recorder, 314.. provisions when office of judge is vacant, 314. restrictions on justices of the peace in Portland, 314. exceptions under laws of United States, 315. when recorder may issue warrants, 315. . salary of recorder, 315. vacancy ip office of, 315. ' costs, how to be taxed, 315. judge to be appointed, how, 316. duties and salaries, 316. PROBATE, judge of may appoint guardians for persons sent to insane Hospital, 304. SUPREME JUDICIAL, jurisdiction in regard to finances, 180. • appeal from municipal officers to, 147. may enjoin. See Harbor of Portland, 232. • aggrieved owner may apply to for jury. See Nuisances, 318. power of in case of complaints against commissioners of sinking: fund. See Railroads, 368. COURTS, word Streets to include, 497. COWS, not to go at large, 140. penalties, city marshal to prosecute, 140. to wear straps around neck, 140. CRACKERS. See Fire Department, 193. CRATE, not to be placed on sidewalk. See Streets, 495. CRIERS, license to be granted, 141. crying without license, 141. to keep list of matters cried, 141. not to cry libeleous matters, 141. penalty, 141. CULLERS OF HOOPES AND STAVES. See Lumber. CUTLERY, grinding on streets forbidden, 486. DAMAGED PROyiSIONS. See Health, 256. 40 -648 INDEX. DAMAGES, person injured by defect in sidewalk may recover not over two thousand dollars, 475. DANGEROUS DISEASES. See Health. DEAD BODY. See Body and Health. DEATHS, registry of. See City Clerk, 119. DEBT, power of city of Portland to create, 180. committee on reduction, 450. See Sinking Fund. DOGS, tax, may be imposed upon, 143. towns may pass by-laws, regulating going at large, 142. owners of, liable for damages done by, 142. persons assaulted may kill dog, 142. penalty if owners do not confine a mischievous dog, 142. dangerous dogs may be killed, 143. not to go at large without licenses, 143. licenses to be numbered, 143. dogs to wear collars, 143. city marshal to cause dogs at large without collars to be killed, 143. proceedings when dogs disturb quiet of any person, 143. penalties to be paid by owner or keeper of dog, 144. owner of *dog assaulting person liable to treble damages, 143. license by city clerk, 143. fee for same, 143. JDRAINS AND SEWERS, mayor and aldermen may lay out. See Streets. ground not to be dug for laying or repairing without consent of mayor and aldermen. See Streets. to be finished to satisfaction of commissioners of streets. See Streets. private drains may connect with public, 147. assessments, 147. lien for assessments, 148. permits recorded by city clerk, 147. for non payment of assessments treasurer may sell lots, 148. right of redemption, 148. for non-payment city may sue parties, 148. record of permits to be kept by city clerk, 147. general authority of mayor and aldermen, 39 and 149. private drains, regulations, how constructed, 152. to be laid in center of street, 152. INDEX. 649 DRAINS AND SEWERS, city engineer to supervise, 152. drains entering public sewers to be made as mayor and aldermen may direct, 153. not to be laid under side walks, proviso, 153, n6t to be let out upon surface of streets, 153. rain water ftom roofs may be carried into common sewer, 153. construction of, notice to be given under law of 1873, 146. expense, how maintained, 146. location to be filed with city clerk, 146. appeal from municipal officers to Sjipreme Judicial Court, 147. matter in dispute, how adjusted, 147- city clerk's duties as to, 146. DRAYS. See Carriages, 87, 91. DRIVERS OF CARRIAGES. See Carriages, 80. ELECTIONS, qualification of electors, 165. exemption from arrest and military duty on day of election, 156. written ballot, 156. soldiers and seamen, 156. students at colleges and academies, 156. -» no loss of residence by reason of absence in military service, 156. times of election, 156. who are legal voters, 156. assessors to prepare lists of voters, 156. selectmen to prepare corrected list, 157. meetings to correct list, 157. in cities of 1,000 voters, 157. aldermen to be in session to receive applications of persons claim- ing a right to vote, 157. three aldermen to be a quorum, 157. notice of session given in warrant, 158. aldermen of cities of 10,000 inhabitants, to be in session four days before election, 158. no names shall be entered on the list of voters in cities and towns having 1000 or more registered voters except on the three secular days preceding election, 158. list of voters resident in wards to be posted in cities having more than 1000 voters, 158. removals from ward to ward, 158. lists to be deposited with clerk and posted, 159. names not to be added or stricken out except as provided, 159. 650 INDEX. ELECTIONS, how added, 159. selectmen's duty respecting papers of naturalization, 159. mode of warning meetings for election of governor, &c., 160. times of opening and closing meetings in certain towns, 160. what votes on one list, 160. check list required, 160. one ballot box only allowed, 160. votes on white paper without marks, 160. when no choice of representatives is effected, 161. meetings for choice of certain officers and for determining ques- tions, 161. results of ballotings, how ascertained, 161. clerk to transmit returns of votes. to secretary of State, 162. county attorney to be notified if return not received, 163. loss of returns how supplied, 163. oath to be made to copy of record, 163. certificate, how sealed and returned, 163. vacancies, how filled in towns not classed for representation, 163. check list to be preserved by clerks of towns, certified copies, 163. ballot boxes, how constructed and used, 164. votes, how received, 164. officers, ditties of, 164. penalties in certain cases, how recovered, 164. electors in cities to meet in wards, 164. warden to4)reside, 164. / warden pro tempore may be chosen, 164. in cities, names of representatives on same lists as other officers, 164. if no choice, further meetings, 165. vacancies by death and otherwise, 165. wardens and clerks in cities, haw elected, term of office of, 165. penalty for neglect to perform duties required of selectmen, 165. penalty for neglect of municipal officers to issue warrants for meet- ings for choice of officers, 165. penalty, how recovered and by whom, 165. penalty for neglect of constable to summon voters, 166. penalty for willful neglect to be recovered by indictment, 166. penalty for neglect to deposit and post lists, 166. penalty for neglect to keep check lists, or to reject illegal votes, 166. INDEX. 651 ELECTIONS, penalties, how recoverable, 166. penalty for municipal officer striking names from list without notice, 166. penalty for altering, erasing or mutilating names on the check list and for voting in the name of another, 167. penalty for neglect to supply lost return, 167. penalty for making false certificate, 167. penalty for neglect of persoris to' whom returns are entrusted to deliver them, 167. county attorney to prosecute for wilful negligence in delivering returns, 167. liability of town officers limited, 168. but neglect to be deemed wilful unless contrary is shown, 168. punishment for misconduct of voters, 168. penalty of militia officers for parades on election day, 168. punishment for bribery and corruption, 168. intentionally voting when not entitled, 169, betting on elections prohibited, 169. • ^ election of fire engineers. See Fire Department, 196. See Charter, mayor or treasurer to sue for penalty for betting, 169. money paid on wager to be recovered by action on case, 169. conveyances by reason of wager to be void, 169. value forfeited to town or city, 169. islands of city of Portland to constitute two wards as to election of certain officers, 170. what islands constitute the different wards, 170. proceedings at election in same, 170. mode of determining, officers elected in state election, 170. how notified, 170. how to ascertain highest number of votes, 170, 171. attested copy of return, 170. * form of warrants of ward meetings, to conform to act of 18/8, 171. to be served by constables and returned, 172. form of warrant for general meetings, 172. to be served by constables and returned, 173. time of opening and closing the polls to be fixed by whom, 173. EMBEZZLING, property at fires punishable, 190, 191. ENDORSEMENTS, of transfer of carriage licenses, 82. transfer of trucks, &c., licenses, 88. See City Clerk. 652 INDEX. ENGINEER, CITY, council to choose, 130. duties, 130. duties as to monuments, 130. shall supervise sewers, 131. ■ keep account of expense and list of persons benefited, 131. make plans of sewers, 132. mean tide elevation to be a base line, 132. description of streets, drains, sewers, &c. to be recorded, 132. ENGINEER OF FIRE DEPARTMENT, 196. ENGINE COMPANIES. See Fire Department. ENGINE HOUSES. See Fire Department. EVERGREEN CEMETERY. See Cemeteries. EXCAVATIONS, in streets, 502, 468. EXHIBITIONS, public regulated. See Amusements. EXPENDITURES. See Contracts and Expenditures, and Finance. FARE, for carriages. See Carriages. FARM CITY, teams of city may be kept at, 479. FALSE REPRESENTATIONS, to liquor agent, 50. FAST DRIVING in streets, prohibited, 489. FENCES. See Trees, 537. FERRIES, county commissioners may license ferfies, establish tolls, take bond, 175. property to be appraised on removal of a ferryman, 175. commissioners may establish ferries to be supported by towns; penalty for neglect, 175. penalty for neglect of keeper to keep safe boat, and for neglect of attendance, 175. person injured by default of ferrymen, may sue bond, 175. no other ferry on same river within one mile above or below, 175. penalty for keeping ferry or conveying passengers or property con- trary to law, 175. ice to be leveled and way kept in repair in winter, 176. penalty for neglect and liability for injury, 176. licensed ferrymen not to use horse boats or steamboats, 176. at horse and steam ferries, other boats to be used in times of dan- ger, 176. obstructions to, prohibited, penalty, 176. piers may be sunk to guide boats at ferries, 177. Cape Elizabeth ferry. An act to incorporate, 177. real estate and personal property, 177. INDEX. 653 FERRIES, time of running boats, 178. forfeiture in case of neglect, 178. liable for loss or damage, 178. capital stock, 178. FILTH, not to be thrown into streets. See Health, 263. FINANCE, constitutional amendment of 1877, 180. power of city of Portland to create debt limited to five per cent, of her valuation, 180. private laws of 1877, 180. not to apply to fund in trust or to temporary loan for municipal pur- poses, 180. jurisdiction of S. J. Court, 180. city council authorized to purchase real and personal estate, not exceeding $200,000, 181. school money, how paid, 181. for what purposes money may be raised by towns, 181. towns may procure town histories, 181. build soldiers' monuments, 181. doings of cities and towns made valid, 181. contracts made valid, 182. unauthorized contracts by municipal officers may be made valid, 182. committee on accounts to be appointed, 182. city treasurer's duties, 182. committees on accounts to audit the accounts of city treasurer and auditor, 183. city treasurer to give bond, 183. financial year, accounts to be made to, 183. committee on finance to be appointed, 183. duties, 183. city officers to pay over moneys to the treasurer, 183. registered bonds, 184. duty of city treasurer, 184. forms and regulations, 184. denomination of said bonds, 184. blanks and books, 185. transfer, 185. dispose of same, 185. bonds for payment of P. & O. assessment, 185. FINANCIAL YEAR. See Finance, 183. 654 INDEX. FIRE, larceny at, 190. innkeepers to provide means of escape from, 193. bonfires in 'street, penalty, 194. unlawful kindling of, 192, 191. • giving false alarm of, penalty, 195. removing fire ladders at, penalty, 195. See Engineers, Eire Department, Gunpowder. FIRE ARMS, not to be discharged except, &c. 194. FIRE ALARM. See Fire department, 195. FIRE DEPARTMENT, powers of, in whom vested, 188. towns may prescribe rules for care and management of fire engines and apparatus, 188. for employment of men in, 188. for appointment of officers, 188. officers so chosen have powers of fire wards, 188. powers, privileges and duties of men so employed, 188. engine men excused from serving as jurors, 189. duties of engine companies, 189. discharge of negligent men, and selection of engine men for other duties at fires. election of fire wards, 189. notice, penalty for not entering acceptance or refusal, 189. duty of fire wards and other officers at fires, 189. power of fire wards at fires, 190, penalty for refusing to obey, 190. officers appointed under special laws may demolish buildings, 190. compensation for building demolished, 190. recovery by action on the case, 190. plundering at fires declared larceny, 190. penalty for occupying tenement for sail maker, rigger or livery stable, except as municipal officers direct, 191. municipal officers to direct defective chimneys to be removed or repaired, 191. penalty for lighting or smoking cigar or pipe in mills, &c., 191. penalty for kindling fire on land without consent of owner, 191. penalty for kindling fire with intent to injure, 192. lawful fires to be kindled at suitable time, 192. municipal officers to make regulations respecting gunpowder, explo- sive oils, and substances, 192. persons injured by explosion may recover damages, 192. power of municipal officers to search for gunpowder, 192. INDEX. 655 FIRE DEPARTMENT, regulations not in force until published, 192. penalties, keeping gunpowder, 193. inkeepers to provide means of escape from fires, 193. 60 days' notice to so provide, 193. penalty for neglect, 193. penalty for unlicensed use of fire works, 193. burning bricks in town, 193. water not to be taken from reservoirs, 194. penalty for interfering with convenient use of reservoir, 194. bonfires in streets, fine, 194. penalty for carrying fire in streets, 194. penalty for discharging fire arms, 194. penalty for erecting and firing kilns, 195. penalty for false fire alarms, 195. penalty for removing ladders, 195. burning chimneys, flues, &c., 195. penalty for wearing badge or insignia of fire department, 195. hydrants used only for extinguishment of fires, 196. driving over hose, 196. organization of fire department, 196. election of_engineers, 196. their rank, 196. organization of their board, powers, 197. to cause combustibles to be removed, 197. to demolish buildings at fire, when, 198. board may suspend companies and officers, when, 198. engine company, how composed, 199. power and duties of chief engineer, 199. city council may form engine, hook and ladder and hose com- panies, 200. foreman and clerk, how chosen, 200. companies may make rules, 200. monthly and other meetings of companies, 200. fines for absence, 201. pay of members of companies, 201. fires in adjoining towns, 201. duties of foremen, 201. duties of clerks, 201. election of enginemen, 202. 41 656 INDEX. FIRE DEPARTMENT, duties of enginemen, 203. board of engineers, rules and regulations, 205, 206, 207, 208, 209. drivers, duty of, 203. FIRE WOOD. See Streets, 495. FIRE WORKS. See Fire department, 193. FISH. See Health, Whai-ves, Manure. FLOUR, appointment of inspectors, 210. inspection, how made, 210. inspectors, duties, 211. record of inspections kept, 211. penalty for fraudulently marking, 211. penalty for alteration of marks, 211. when inspection is not demanded, 211. FOOD, punishment for selling adulterated, 256. FOOT BALL, forbidfien in streets, 484. FOOT WALKS. See Sidewalks and Streets. FOWLING PIECE, not to be discharged in city, 194. FREE HIGH SCHOOLS. See Schools, 442. FRUIT, 565. See Weights and Measures, 566. FUND. See Cemeteries, 98. Finance, 180. Railroads, 365. Taxes, 515. Trees, 538. FUNERAL CARS. See Health. FUNERALS. See Cemeteries. GAMING TABLES, not to be exposed. See Streets, 484. GAS, statutes, act of incorporation of Portland gas light company, 212. capital stock, how applied, 213. liability for injury to private property, 213. regulations for laying down pipes, 213. liability to city for damages, 214. obstruction to public travel in laying down, erecting or repairing works, 214. not to obstruct or impair the use of any drain, 214. city council authorized to contract for lighting the streets and pub- lic buildings, 214. exclusive privileges granted to company, with proviso, 215. city of Portland authorized to take and hold stock in said com- pany, 215. INDEX. 657 GAS, amount received from city by company, its disposal, 216. its effect upon the remaining shares, 216. issuance of shares to city, 216. shares of city, how represented, 216. authority of city to take the property of said company at its appraised value, 216. appraisers, how appointed, 216. if company neglects or refuses to deliver its property to city, 217. exclusive privileges to said company in case city should not take its property, 217. liability of company for wilfully or negligently leaving obstructions- in any street, 217, or neglect to repair, 217. fine, how collected and applied, 217. liability for personal injury, 218. mayor and aldermen have power to regulate such works as affect the city's health, 218. Portland Gas Light Company authorized to increase its capital stock, 218. shares, how disposed of, 218. city may take proportional part of them, 219. shares to be numbered, 219. how issued and amount, 219. Portland Gas Light Company authorized to increase its capital stock, 220. shares first offered to existing share holders, 220. balance, how disposed of, 220. city council may make the city joint owner of stock, 220. ownership, conditions of, 221. duties of directors and treasurer, 221. See Streets. GOODS, sold at auction on streets, 60. obstructing foot path or sidewalk, 495. GOVERNOR, election of. See Elections, 160. GRAND JURORS. See Jurors, 286. GRATINGS, in streets regulated. See Streets, 488. GRAVES. See Health, 274, 275. GRINDING CUTLERY in streets, forbidden. See Streets 486. GUARDIANSHIP, persons under, exempt from taxation, 512. GUIDE POSTS, towns must maintain, 476. 658 INDEX. GUN, not to be discharged in city, 194. 'GUNPOWDER AND EXPLOSIVE SUBSTANCES, municipal officers may make regulations, 222. persons injured by explosion may recover damages, 223. power of municipal officers to search for gunpowder, 223. sale of, without license in city of Portland, unlawful, 223. license to sell, 223. in force one year with power of renewal, cost, 223. mayor and aldermen of Portland may establish rules for sale of gunpowder, 224. penalties, buildings nuisances, 224. rules ai\d regulations established by mayor and aldermen, 225. appointment and duties of keeper- of powder magazine, 225. no licensed vender of gunpowder to keep over 75 lbs., 225. kept in copper chests placed near the outer door, 225. vessels not to land or receive over 25 lbs. without permit, 226. nor lay at any wharf, 226. permits to land or ship, granted by mayor and aldermen, '226. transportation of, through city, 226. persons licensed to sell, to keep sign over door, 227. penalties, 227. transporters of gunpowder appointed by mayor and aldermen, 228. See Fire Department. HACKNEY CARRIAGES. See Carriages, 81. . ■ HAND CARTS. See Carriages, 87. HAND SLEDS. See Carriages, 87. HALL, CITY, proceedings of town of Portland relating to erection of town hall, 133. use of part of hall to military companies, 133. mayor to have general chage, 134. HARBOR OF PORTLAND, boundaries defined, 230, 231. wharves, extension of, 231, 236. receiving basins and reservoirs defined, 231. erections in prohibited, except, &c., 231. * commissioners appointed, 231. term of office, 232. their compensation, 233. Supreme Judicial Court may enjoin, 232. costs of injunction, by whom paid, 232. rules for regulation and management of vessels, 181, 238. INDEX. 659 HARBOR OF PORTLAND, permissions to make erections within receiving basins and reservoirs of the harbor, shall be in writing and recorded, 231. prosecution and punishment, 232. commissioners, powers extended, 232. restrictions and penalties, 233. harbor lines on Fore river, 233. those on northerly side of river, 233. . southerly side, section one, 234. southerly side, section two, 235. no wharf or incumbrance of any kind to extend beyond harbor lines, 236. those built within said lines to have permission of commis- sioners, 236. permission recorded, 236. existing remedies extended, 236. Atlantic & St. Lawrence wharves east of Gait's wharf to be per- mitted to go beyond conmiissioners' line, 237. stones, &c., not to be thrown into harbor, 237. penalty for violation of rules, 239. vessels anchored contrary to rules, 239. to be removed at owners' expense, 239. penalties, 239. HARBOR MASTER, to be elected, 237. to be sworn, 237. 'compensation, 237. ' , duties, 337. HARD COAL. See Weigher. HAWKERS AND PEDLERS, penalty for selling goods without Ucense, 240. articles forfeited, 240. county conmiissioners may license, 241. license free to disabled soldiers, 241. amount to be paid for license, 241. carriage to be lettered, 242. license to be exhibited, 241. penalty for refusal, 241. provisions do not apply to goods forwarded from without the State upon the order of a purchaser, 240. nor to citizens of State selling articles raised or manufactured in State, 240. 660 ' INDEX. HAWKERS AND PEDLEES, county commissioners to famish blank licenses to clerk of courts, 241. penalties and forfeitures, how recoverable, and to whose use accruing, 242. commitment in case of default, 242. HAY, pressed, how marked for sale, 243. forfeited unless so marked, 244. penalty for receiving on board vessel, 243. weighers to be chosen by city council, 244. not to be sold without being weighed, 244. penalty, 245. weighing without authority, 244. fees for weighing, 245. pressed and in bundles need not be weighed, 245. weighers forbidden to deal in hay, 243. HEALTH. Infectious Diseases. precaution against infected persons, 249. may be removed to separate house, 250. may be restrained from traveling in l^tate, 250. penalty, 250. hospitals may be established, 254. any building may be licensed as such, 254. restrictions as to inoculating, 255. process for securing infected articles, 255. phj^sicians liable to hospital regulations, 255. masters of vessels, 254. vessels with infected persons, 254. quarantine, 254. precautions to prevent the spread of infectious diseases, 255. penalties for violation of hospital regulations, 255. householders, &c., to give notice of persons sick with infectious diseases, 255. penalty for selling unwholesome provisions and drinks, 256. penalty for adulterating food or liquors, 257. contagious diseases among cattle, 257. execution of laws, &c., relative to, to be under superintendence of city marshal, 262. to be subject to control of mayor and aldermen, 262. city and consulting physicians, 262. INDEX. 661 HEALTH, their duty, 263. filth shall not be thrown into streets or waters of harbor or Back Cove, penalty, 263. shall be removed at expense of owner or occupants of house, 264. filth, &c., may be removed by order of mayor, &c., 264. in case of neglect to remove after notice given, 264. to be removed at expense of person notified, 265. penalty for selling veal of a calf less than four weeks old, 256. masters of vessels may be examined oh oath in certain cases, 253. selectmen may establish quarantine regulations, 255. penalty for breach thereof, 253. duty of pilots, 253. ft-esh m,eat and fish, cities have power to regulate sale of, 257. penalties, 257. cattle infected by contagious disease, 257. cattle killed to be appraised, 258. regulation of passage of animals, 258. appraisals how made, &c., 260. owners dissatisfied may maintain action, 260. notice to governor and secretary of board of agriculture, of exist- ence of disease, 260. to commissioners if any provided, 260. commissioners may be appointed, 260. their powers, 260. neglect of oflSjcers to enforce and carry into effect the commissioners' regulations, fine, 260. said regulations to superscede all others, 260. having bodies unlawfully in possession, 260. consent to use body for anatomical science given by person before his death, 261. body for medical school, 261. board of, 256. oflScer, how chosen, 262. may remove filth, &c., 263. expenses to be paid by owners of infected articles, 265. building of privy vaults, 265. regulations respecting hog-sties, 267. house offal, 267, 268. hides or leather not to be exposed in streets, 269. cart for cleaning vaults, permit time, 270. 662 INDEX. HEALTH, interment of the dead, department in relation thereto to be placed under control of one superintendent, 271. subject to regulations of mayor and aldermen, 271. superintendent to be sworn, his term, office, &c., 271. funeral cars placed in his care, 272. undertaker appointed and licensed by mayor and aldermen, 273. no interments to be made without license from superintendent of burials, 273. undertakers, fees, 273. depth of graves, 274. no body removed from city without permission of superintend- ent, 274. superintendent shall attend such removal, 274. undertakers to make returns to superintendent, 274. bodies not to be removed without permit of superintendent, 274. removal of bodies from city tomb, 274. bodies not to be interred in city cemeteries, 275. ^ mayor and aldermen to make regulations, 275. transportation of dead bodies, 275. penalties, 276. HIDES AND LEATHER. See Leather, 293, 294. HIGHWAYS, buildings on. See Buildings and Streets. HISTORIES OF CITIES, 276. HOGSHEADS. See Lumber, 299. HOG-STY. See Health, 267. HOLMES NOTE. See City Clerk, 122. HOOK AND LADDER COMPANIES. See Fire Department, 200. HOOPS AND STAVES. See Lumber, 298. HORNS, not to be sounded in streets. See Streets, 486. HORSE-BOATS. See Ferries, 176. HORSES. See Streets, 489. See Trees, 538. HOSE COMPANIES. See Fire Department, 200. HOSPITALS. See Health. HOUSE OF CORRECTION, towns may build and maintain, 278. overseers of, to be appointed, 278. their powers and duties, 278. compensation to overseers and master, 279. power of overseers to commit persons, 279. HOUSE OFFAL. See Health, 267. INDEX. 663 HOUSES. See Buildings. ICE. See Streets, 496, 497. INCUMBRANCES. See Harbor, 231. See Streets. INDIANS, liquor agent not to sell to, 49. polls of, exempt from taxation, 512. . INDUSTRIAL SCHOOL, under what conditions girls may be sent to, 280. INFECTIOUS DISEASES. See Health. INN HOLDERS AND VICTUALERS, Ucense to, when and by whom grant- ed, 281. persons licensed to give bond, 282. licenses may be granted for a part of the year, 282. fee for licenses and record, 282. duty of innholders to provide entertainment, 282. duty of victualers, 283. innholders and victualers to keep up signs, 283. not to allow gaming on the premises, penalty, 283. reveling, disorderly conduct, drunkenness prohibited, 283. no person shall be a common innholder or victualer without a license, penalty, 283. duty of licensing board to prosecute, 283. fire escapesvand ladders, 283. , liability for baggage, 283. loss by fire, by negligence of guest, 284. See Schools, 442. See Fire Department. INSPECTORS. See Boats, 61. See Flour, 210. See Leather, 293. INTELLIGENCE OFFICES, not to be kept without license, 284. licenses, how granted and revoked, 284. fee for license, 284. municipal oflScers may license, penalty, 285. penalties, how recovered, 285. INTERMENT OF THE DEAD. See Cemetery, Health. IRON, not to be placed on sidewalk. See Streets, 495. ISLANDS. See Elections, 170. JXTRORS, board for preparing lists of, 286. lists how prepared, 287. persons exempted from serving, 287, 189. tickets of names to be kept in jury box, 287. liable to be drawn once in three years, 287. number required to be kept in the jury box, 287. 664 • INDEX. JUROKS, names may be withdrawn, 287, 288. commissioners to divide county into jury districts, 288. rule by which clerk shall issue venires, 288. grand jurors to serve one year, 288. jlirors to attend first day of term, 288. duties of sheriffs in relation to distribution of venires, 288. constables shall notify, &c., 288, 289. notice, how given, 289. mode of drawing jurors, 289. penalties for neglect, 290. penalty for fraud by town officers, 290. date of draft to be indorsed on the ticket, 289. penalty for neglect of juror to attend, 290. who selected for jurors, 125. JURY BOX, city clerk to keep, 125. JUSTICE OF THE PEACE. See Municipal Court, 314. KILNS. See Fire Department, 193. LAMPS AND LAMP POSTS, injuries to, penalty to, 291. committee on, to be appointed, 291. to cause lamps to be set up, 291. mayor, &c., to make contracts and rules for, 2*91. no person without authority shall light or extinguish lamp, 292. how lamp posts may be legally located, record, 292. LANDEAU. See Carriages. LANES, the word street to include, 497. LANTERN, not to project into streets, &c., 486. LARCENY, embezzling of property at fires declared to be. See Fire Depart- ment, 191. LEATHER, boots, &c., may be stamped, 293. penalty for fraudulently stamping, 293. inspectors of sole leather to be appointed, 293. to examine and inspect sole leather, 293. penalty for counterfeiting marks, 294. mode of inspecting and stamping, 292, 294. assessors to be furnished with account of hides and leather on hand, for taxation, 294. \^s or leather not to be exposed in streets, 294. LIBRA! ;ES, public may be established, 295. towns may raise moneys therefor, 295. donations to, 295. penalty for defacing books or pictures, 295. INDEX. 665 LICENSING BOARD, to consist of municipal officers, treasurer and clerk, 281. to meet on the first Monday of May, 281. to grant licenses to victualers and innholders, 281. LICENSES. See Amusements, Auctions. dogs, 143. pawnbrokers, 336. gunpowder, 223. carriages, 81, 87. innholders and victualers, 281, 283. intelligence offices, 285. carriages, 88. hawkers and pedlers, 241. LIEN on building and lot, 123. sales of personal property to enforce, 123. on standing wood and timber for payment of taxes, 513. LIGHTS. See Streets. LIGHTERS, provisions respecting, 61. LIME KILNS, not to be erected or fired, 195. LIQUOR, agents for sale of, 47. LISTS. See voting lists and check lists. See elections, 159. See Taxes, 531. LOAN, of credit of city to the Atlantic & St. Lawrence Railroad Company. See Railroads. LOGS, duty of surveyors of. See Lumber, 300. LOTS. See Cemeteries, 100, 108. LUMBER, towns to elect surveyors of, 296. to be surveyed before delivery, 297. dimensions and quality of shingles, 297. how split, or sawed and packed, forfeiture, 297. dimensions and quality of clapboards, 298. dimensions and quality of staves and how enumerated, 298, 299. hogshead hoops, how packed, penalties, 299. LUNATICS, municipal officers to decide on cases and commit to hospital with certificate, keep record, &c. 301. two physicians required to establish insanity, non compos not, 301. may certify inability to pay for support and treasurer may charge State one dollar per week, 302. towns where insane person resided or was found, pay for support unless, 302. 666 INDEX. LUNATICS, when unlawfully committed, and expense of removal, 302. towns have remedy against the person, or those liable for his support as a pauper, 302. discharge of, those liable for support may apply for, 303. municipal officers to decide, 303. overseers of poor to remove when notified so to do, 303. how persons discharged shall be removed, 303. town liable upon notice for costs of removal, 303. towns of less than two hundred inhabitants not liable for removal, 304. judge of probate may appoint guardians for persons sent to hospital, duties and compensation, 304. MANUFACTURING ESTABLISHMENTS, exempt from taxation, not exceed- ing ten years, provided, &c. 305. capital, 305. children under 15 years not to be employed in, without proof of schooling three or four months in the year, 305. teacher's certificate, 306, penalty, 306. no person under 16 years of age to be employed over ten hours a day in, 306. their exemption from taxation in certain cases, 512. MANURE, not to be taken from street without permit. See Streets. commercial, to be labeled with name of manufacturer and amount of certain constituents, 307. purchaser may recover from seller if constituents are not as stated in label, 307. term soluble defined, 307. these provisions do not apply to manures prepared from fish, 308. MARRIAGE, registration of intentions of, 118. false certificate of intentions of, 119. annual return of marriages, 119. record of. See Clerk City, 119. MARSHAL, CITY, See Police, 346, 347, 348. See Carriages, 82, 88. See Cows, 140. See Dogs, 143. See Health, 262, 264. See Streets, 480, 483, 485, 488, 495, 496. See Trees, 538. INDEX. 667 MAESHAL, DEPUTY. See PoUce. MASTERS OF VESSELS. See Harbor of Portland, and Health. MAYOR. See Charter. MAYOR AND ALDERMEN. See Charter. MEASURERS OF WOOD AND BARK. See Wood. MILITARY COMPANIES. See City Hall, 134. MILK, inspectors of, shall be appointed in towns of not less than 3000 inhabi- tants, duties, 309. vessels to be annoally sealed, 310. penalty for selling or oflfering injurious milk, 310. milk inspector, powers of, 311, 310. , compensation, 311. duties of milk vendors, penalty, 310. MILLS, lighting or smoking cigar or pipe in, 191. MINORS, liquor agent not to sell to, 49. must be specially licensed to drive hackney carriage, 86. may be bound out. See Paupers, 331. MONUMENTS. See Finance, 181. Cemeteries, 101. Engineer, 130. Streets, 479, 500. MORTGAGE BONDS. See Railroads, 380. MORTGAGOR, when out of State, 122. MORTGAGES, personal property to be recorded, 120. when recorded, 120. how redeemed, 121. foreclosure of same, 121. Holmes note. See City Clerk, 122. MUNICIPAL OFFICERS. See Officers. NATURALIZATION, selectmen's duties respecting papers of. See Elec- tions, 157, NOTICE. See Drains and Sewers, 146. # Buildings, 76. Elections, 158. Railroads, 376. Taxes, 525. NUISANCES, dangerous buildings may be adjudged, proceedings, 317. powers of municipal officers, 318. may abate nuisance, 318. owner to pay expenses, 318. 668 INDEX. NUISANCES, enforcement of payment, 318. owner aggrieved may apply to Supreme Judicial Court or justice of for jury, 318. jury, how empanneled, 318. verdict, what it may be, 318. . may be accepted or rejected, 318. exceptions taken, proceedings, 318. costs, how paid, 319. provisions not applicable unless by vote, 319. advertising on fences, rocks, &c., without permission, 319. penalty, 319. certain nuisances described, 319. places to be assigned for unwholsome employments, 320. buildings for manufacture of gunpowder, when, 320. burning bricks in parts of a town prohibited by vote, 320. stationary steam engine not to be used without license, 321. duty of town officers on application for license, 321. such engine erected without license to be deemed a nuisance, 321. duty of town officers on application for, 321. power of town officers to remove such engine, 321. steam engines and the proper use thereof, 321. penalty, 321. whistles on locomotives, 322. OFFAL. See Health, 267, 268. OFFICERS, MUNICIPAL, duties as to liquor agent. See Agent, duties as to public halls or buildings, 55, 56, 57. duties as to auctioneers. See Auctioneers, 58. duties as to cemeteries. See Cemeteries, 92. duties as to children abused, 110. duties as to finance. See Finances, 182. power of, to search for gunpowder, 192. election of, recorded. See City Clerk, 125, 126. See Elections. 165. ^ See Finance, 182. See City Clerk, 126. See Schools, 440. See pawn brokers, 337. See petroleum, 341. what term is construed to imply. See City Council, 129. treasurer. See City Clerk, 126. INDEX. 669 OMNIBUSES. See Carriages, 86, 87. ORDINANCES AND BY-LAWS, towns and cities may make, 323. for managing prudential affairs, 323. establishing police regulations, 322. respecting infectious diseases, 323. going 9,t large of dogs, &c., 323. measure and sale of wood, bark and coal, 324. sidewalks, &c., 324. omnibuses, stages and fares, 324. protection against injury from falling ice and snow, 324. by laws published, 324, regulating sale fresh meat and fish, 324. location of trees and hydrants, 325. enacting style of city ordinances, 325. ordinances to be published, 325. time of ordinance taking effect, 325. construction of ordinances, rules applicable, 325. fines to enure to use of city, except, 326. OVERSEERS OF POOR, to be chosen, 328. to have charge of, 330. .may bind out poor children, 331, 332. to relieve poor of other towns, 333. may remove persons chargeable to places of residence, 333, 334. to receive and provide for such persons, 333, 334. may send notifications, 333, 334. to relieve paupers not belonging in the State, 335. may remove such paupers out of State, 335. to take charge of effects of after death of pauper, 336. may prosecute and defend suits, 336. may complain of persons intemperate, 335. See Paupers. Work House. PAGEANTRY. See Amusements. PAPERS, PERSONS AND, may be brought before Mayor, 42, 43. PARENTS to give notice of births and deaths to City Clerk, 120. of abused children may apply to have custody restored, 112. application by to have custody of children restored. See Children, 112. liable if minors injure schools, 442. PAUPERS, city to support, 328, 330. settlements of how acquired, 328, 329, 330. settlements remain till new ones acquired, 330. 670 INDEX. PAUPERS, settlements when not affected by revision of laws, 330. settlements when in a town, duty of town and of the overseers, 330. kindred of, liable, 330. kindred may be assessed, how, 330, 331. minor children of, to be bound out, 331'. treatment of such children to be inquired into, 331. damages for ill treatment of such children, 331. when such child may sue master, and how, 332. such child running away to be arrested, 332. such child may be discharged on complaint of master, 332. adults may be bound out for a year, when, 332. adults may complain to court when, 333. destitute from other towns to be relieved, 333. destitute, when may be put in jail, so far as needful, for support, 333. notice to town liable for relief, 333, 335. answer to same, 334. removed and returning, when to be sent to house of correction, 335. foreign, may be removed out of state, 335. towns liable to individuals for private support, when, 335. intemperate, to be complained of, 335. liable to towns for support, 336. property of to be taken after decease by overseers, 336. suits to be prosecuted by overseers, 336. penalty for bringing into a town where he has no settlement, 336. common carriers, liability for bringing non-resident pauper into the State, 336. soldier not to be made pauper, 336. not to have certificate of intention of marriage issued to, 118. See Railroads, 414. PAWN BROKERS, licenses may be granted to, 337. to keep account of business done, 337. to furnish memorandum of articles pawned, 337. books to be submitted to inspection, 337. penalty, 337. interest on loans, not to exceed certain rates, 337. pawns, &c., when. to be sold, 338. certain sales void, 338. surplus proceeds of sales how disposed, 338. PEDLERS. See Hawkers and Pedlers. INDEX. 671 PERAMBULATIONS of boundary Unes, 64. laws respecting, 64. PERMITS, fee for, ordinance, 339. PENALTIES, FINES AND FORFEITURES, by whom received, 182. for not summoning voters. See Constable, 166. permitting cows to go at large. See Cows, 140. crying libellous matters, 141. not confining mischievous dogs, 142, 144. neglecting to deposit and post lists, keep check lists, reject ille- gal votes, 166. striking names from voting lists, 166. voting in name of another, 167. making ftilse certificate, 167. neglecting to deliver returns, 167. parading on election day, 168. bribery and corruption of voters, 168. betting on elections, 169. packing shingles not of prescribed dimensions, 297. packing hogshead hoops, 299. employment of children under certain age, 305. selling injurious milk, 310. , disturbing schools, 441. Injuring wells and pumps, 571. selling wood, bark and charcoal unsurveyed, 575. selling charcoal from unsealed baskets, 576. obstruction of streets by Portland "Water Company, 551. corruption of water or injury to property by said company, 551. adulterating vinegar, 540. malicious injury to trees, 537. permitting horses, &c., to mutilate trees, 538. removing ornamental trees, 538. refusal by cashier of bank to exMbit books, 521. refusal by tax collector to deliver up bills of assessment, 528. See Agent for Sale of Liquors, 50, 51. Assessments, 53. Bowling Allys, 53. Cemeteries, 92, 109. 42 672 INDEX. PENALTIES, FINES AND rORFEITU|lES, Clerk City, 118, 125. See Elections, 164, 165, 166, 167. Ferries, 175. Fire Department, 191, 190, 192, 194, 195, 196. Flour, 211. ' ■ Gas, 217. Gunpowder, 227, , Harbor of Portland, 223, 239. Hawkers and Pedlers, 242. Hay, 243. Health, 260, 269, 268, 265, 263, 275, 276. Innholders, 283. Intelligence Office, 285. Jurors, 289, 290. Schools, 431, 442. ' Steam, 457. Streets, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 491, 492, 494, 495, 496, 497. Tramps, 534. ' Weights and Measures, 565. Wells and Pumps, 521, 575, 576. ^ PERGONAL ESTATE, what it includes, 511. PERSONS AND PAPERS, mayor and aldermen may send for, 42, 43. PETROLEUM, inspection of, 340. inspectors of, 340. inspectors shall mark casks, 340. inspectors, compensation of, 341. penalty for false marks, 350. • all casks to be inspected, 340. penalty for neglect, 341. PEWS. See Clerk, 124. PIPES of Water Company and Gas Company. See Streets. PHYSICIANS, city and consulting, to be chosen, 262. PILOTS, appointment of, 342. * oath and bonds, 342. authority and liabilities, 342. suspension and removal of, 342. board of trade of Portland to appoint, 342. INDEX. PILOTS, liable for damages, 343. • governor and council to fix fees, 343. master may pilot his own vessel, 343. PLACES. See Streets. PLANK. See Lumber. POLICE, administration of, vested in mayor and aldermen, 345. cities may establish police regulations, 345. powers of, 345. how constituted, 345. may require aid, 346. penalty of refusing aid to, 346. of Portland appointed by mayor, 346. marshal, how appointed, 347. shall give bonds, 346. duties of marshal, 346. to enforce city ordinances, 347. to prosecute offenders, 347. to make statement of prosecutions, 347. to render annual account of moneys received, 347. to pay over moneys to city treasurer, 347. to comply with rules and regulations, 347. deputy marshal, how appointed, 348. to act as captains of city watch, 348. compensation of, 348. duties of, 348. in case of sickness, mayor to appoint, 349. policemen how appointed, 349. compensation and duties, 349. watchmen how appointed, 349. duties, 349. policemen and watchmen must perform extra service, 349. compensation for, 350. penalty for resistance to, 351. uniform of police, 351. duties as to petroleum, 341. POLLS, time of opening and closing, 173. POLL TAX, on whom assessed, 610. Indians and persons under guardianship exempt from, 512. 673 674 INDEX. POOR, children may be bound out, 331. See Paupers. PORTLAND AND FOREST AVENUE RAILROAD. See RaHroads, 398. PORCHES AND PORTICOES, not to project into street, 487. PORTLAND GAS LIGHT COMPANY. See Gas. POWDER. See Gunpowder. magazine. See Gunpowder. PRESIDENT Ot' COMMON COUNCIL. See Common Council. PRIVATE WAYS. See Streets. PRIVIES. See Health, 265, 268, 269, 270. PROPERTY, embezzeling at fires, larceny, 190. PROPRIETOR, records of, how preserved, 124. PROVISIONS AND DRINKS, unwholesome, 256. PUBLIC BUILDINGS, committee on to be appointed, 352. to have care, &c. of buildings belonging to city, 352. proviso, 352. to lease buildings, 353. plan of buildings to be erected or repaired, to be prepared by, 353. to publish notice, 353. proposals of work to be sealed, 353. how and when opened, 353. not to be disclosed till contract is made, 353. proviso, 353. contracts exceeding five hundred dollars to b^ in writing, 354. contracts to be signed by mayor, 354. not to be altered unless, &c., 354. expenditures not to exceed appropriations, 354. . purchases of land to be under direction of committee, 354. no building to be sold without order of city council, 354. repairs to be done under committee, 354. lease from Cumberland county to city of Portland, of city building, 354. PUBLIC PARKS AND SQUARES, when municipal oflicers may take land for, 359. duty of municipal ofiicers before taking, 359. appeal from estimate of damages, 360. removing gravel from public grounds, 361. v INDEX. ^ 675 PUBLIC PLACES, the word streets to include, 497. PUBLIC SQUARES. See Streets, 497. PUNISHMENTS. See Elections, 167, 168. See Health, 254. See Agent for Sale of Liquors, 50. See Schools, 443, 445. See Tramps, 535. QUARANTINE. See Health, 253, 254. RAILROAD CORPORATIONS. See Streets, 490, 491. RAILROAD ENGINES. See Nuisances, 322. See Streets, 490. RAILROADS, Atlantic and St. Lawrence R. R. Co. aid to, act of 1848. Port- land to loan its credit, 363. act to be accepted by directors of company and by inhabitants of city, 363. city treasurer authorized to make and issue scrip ; in what quantities scrij) may be delivered, 364. whole amount not to exceed $1,000,000, 364. prerequisites, 364. proceeds of sale of scrip, 364. bond to be given treasurer on delivery of scrip, 364. collateral, 365. lien created on railroad, 365. sinking fund and its commissioners, 365. bond of commissioners, 365. their compensation, ^65. how the fund shall be constituted, 366. duty of commissioners, 366. treasurer of fund, 366. moneys belonging to fund, investment, 366. fund to be reserved for redemption of scrip, 367. when shares held as coDateral may be sold, 367. if directors fail to pay into sinking fUnd, per centage on increase of road, 367. commissioners to sell collateral shares, 367. conveyances and transfers, 368. record to be kept by commissioners, 368. 676 INDEX. EAILROADS, annual report, 368. power of Supreme Judicial Court on complaint against commis- sioners, 368. if fund exceed amount of unredeemed iScrip, 368. when act to take effect, 369. act of 1850, city authorized to make a further loan to same railroad, 369. when act to take effect, 369. scrip to be issued, 369. amount, 370. date and how applied, 370. bond of company for, 370. security to be given if required, 370. city not a stockholder, 370. additional lien, 371. sinking fund, 371. how raised, 371. reserved for specific purpose, 371. ^ shares in stock exchanged for scrip, 373. commissioners to sell stock in certain cases, 373. record, how kept, 373. complaint, matters of, how adjusted, 374. excess of sinking fund how applied, 374. lien to be secured by mortgage, 374. mortgage, how executed, &c. 375. neglect of duty by directors, 375. foreclosure of mortgage, 375. city to take possession of the road in case the company omit to pay the interest, 376. notice how served, 376. all money accruing to the road after notice given, to belong to the city, 377. penalty for misapplication of such money, 377. writ of injunction to be issued, 378. in case of neglect by company, city to appoint directors, 378. act when to take effect, 378. act of 1852, further loan by city of Portland, to same railroad, 379. act not to take effect unless accepted by company and city of Port- land, 379. INDEX. 677 RAILROADS, return of votes, how made, 379. city scrip, how issued and amount, 379. return of votes, how made, 379. city scrip, how issued and amount, 379. application of scrip, 379. scrip secured by penal bond, 379. mortgage bonds equal in amount to scrip to be issued and secured by deed of trust and mortgage of road, 380. interest warrants cancelled on payment of interest, 380. trustees authorized on non-payment of scrip to convey title to city of Portland, 380- city to hold the property conveyed as security, 381. act of 1853, further loan by city to same railroad, 381. when this act shall take effect, 381. returns of ward meetings held in accordance with said axjt, how made, 381. issuance of scrip upon acceptance of act, 381. amount of icrip under this act limited to $350,000, 382. proceeds, how applied, 382. payment, secured by mortgage of road, 382. how recorded, 382. failure to perform its conditions, 382. act when to take effect, 382. act of 1868, further loan under, 383. city council may arrange for an extension of the company's obli- gations, 383. said council invested with additional powers, 383. commission of sinking fund to receive contributions for a further sinking fund, 383. their powers, duties and succession, 383. investments of funds, how made, 383. upon mortgages of real estate, interest, 384. contributions to sinking fund, when and how made, 384. duties and liabilities of city treasurer in respect to such fund, 384. city council may, upon petition provide for sinking ftind in Eng- land, 384. commissioners for latter fund, by whom appointed, 384. payments and contributions to same, when made, 384. its commissioners to be subject to regulations made by city council, 385. fi78 INDEX. RAILROADS, responsibility of railroad company regarding safe keeping and application of funds, 385. lien of city not impaired, 385. act, when accepted, 385. act of 1872 authorizing a loan by the city in aid of construction of P. & O. Railroad, 385. duties of city treasurer upon acceptance of act, 386. penal bond from company to city, 386. mortgage bonds of company also delivered to city, 386. if any portion of scrip is unredeemed and outstanding at maturity of bonds, francliise of company may be assigned to the city, 387. sinking fund and commissioners, 388. investments by commissioners, 389. shares of company held by the city as collateral, 389. record kept by commissioners, 390. power of Supreme Judicial Court upon complaint of mayor and aldermen or of directors of company against commissioners, 390. in case sinking fund should exceed scrip unredeemed, 390. bonds of city, when issued and in what amounts, 391. when foregoing act to take effect, 391, Portland and Forest Avenue Railroad Company, its charter, 391. location, how determined, 392. shall make no erections within tide waters, of Back Cove, without &c., 392. term of original location, 393. renewal of terms, 393. if at expiration of terms use of streets «&c. is granted any other cor- poration, 393. said corporation shall purchase &c., 393. connection of similar corporation, 393. compensation how determined, 394. municipal officers of Portland and of Westbroak shall have power, &c., 394. corporation to keep streets in repair, 394. penalty and punishment for obstructing its roads, capital stock, amount and how divided, 395. corporation may hold real and personal estate, 395. INDEX. 679 RAILROADS, its railroad constructed under direction of city and town officers, its grades and crossings, 395. corporation authorized to issue bonds, 395. approval of said bonds, 396. how they are secured, 396. sinking fund and its trustees, 396. certain legislative acts made applicable to bonds, 396. when act approved, 397. act additional to the foregoing, railroad extended, 397. capital stock increased, 397. use of dummy engines authorized, 397. corporate name changed, 397. GEJfERAL Railroad Enactments. city authorized to sell interest in or reorganize P. & O. Railroad or P. & R. Railroad, 397. any stockholder in any railroad may call for a stock vote at any meeting of &c., 398. towns may aid in constrncting railroads, 398. may erect gates at railway crossings, 398. taxation of railroad buildings, 399. annual excise tai, 399. how ascertained, 399. governor and council to determine amount of such tax, 400. when payable, 400. applications and proceedings for abatement, 400. duty of railroad commissioners, 401. inconsistent acts repealed, 401. railroad company may construct side tracks to mills, &c., 401. railroad crossing railroad or canal, 402. repair of bridges and abutments, 402. paupers brought into State by, 402. when city or town is entitled to director in, 403. location of tracks, of Portland and Forest Avenue Railroad, 404. routes of road, 404. turn outs, 405. tracks to be laid in or near centre of streets grades and curves, 405. construction of tracks, 405. company must pave between their tracks, remove snow and ice, &c., 406. 680 INDEX. General Railroad Enactments. rules and regulations, 407. additional location, 409. A. & St. L. R. R. Co., agreement of October 31, 1868, 410. REAL ESTATE, pews deemed to be, 124. REBUILDING BURNED DISTRICT, bonds to aid in, 416. four commissioners to negotiate loan, how appointed, 416. compensation and duties, 416. may loan on mortgage of real estate the proceeds of bonds, 417. sinking fund, 417. moneys to be invested in securities, 417. vacancies, how filled, 417. REBUILDING BURNED DISTRICT, removals, how made, 417. supreme judicial court empowered to adjudicate upon complaints against commissioners, 417. city treasurer to have custody of moneys, his duties &c. 418. accounts, records and reports, 418. acceptance of act, 418. bonds may be cancelled, 418. order relating to bonds, 419. RECORD, of sales by liquor agent, 50. of doings of board of aldermen, see city clerk, 126. of conventions of city council, 126. intentions of marriage, 118. of births and deaths, 119. of mortgages of personal property, 121. of Holmes' note, 122. lien on building and lot, 122. of attachment of vessels on stocks, 123. of sales of personal property to enforce lien, 123. proprietors records, how preserved, 124. city clerk may make record of his own election, 125. of lots sold. See Cemeteries, 107. of licenses granted, 282. of sinking fund, commissioners. See Railroads, 373. of orders given under provisions in regard to trees. See trees, 539. RECORDER. See Municipal Court, 314. RECORDS of deaths and marriages. See City Clerk. INDEX. 681 REGISTER. See Schools, 440. REMEDIES. See Taxes, 517. REPRESENTATIVES TO LEGISLATURE, method of voting for. See Elections, 164. RESERVOIRS. See Fire Department, 194. RESIDENCE. See Elections, 156. RETURNS. See Elections, 163, et seq. RIDING upon outside of carriages. See Carriages, 91. RIOTS, if three or more persons, &c., 420. one person may be convicted without the others, 421. duty of magistrates and oflScers to disperse unlawful assembly, 421. when rioters refuse to disperse, 421. if any person is killed or wounded, officers held guiltless, 422. punishment for pulling down houses or premeditated personal injuries, 422. liability of town for injury by mobs, 422. in case of riot, marshal and officers to repair to place of riot, 423. to use ower and authority to disperse mob, 423. ROCKETS. See Fire Department, 193. ROOFS, water from, ordinance, 153. RULES AND ORDERS, 598 to 596. SALE, of second hand articles, junk, &c., 424. , mayor and aldermen authorized to grant licenses to persons for certain purposes, 424. to designate place of business, &c., 424. persons not licensed, liable, 424. penalty, how recovered, 424. cities may establish ordinances regulating, 425. SAWING, wood upon sidewalks. See Streets, 495. SCALES. See Weights and measures, hay, weigher of hard coal, weigher of plaster. SCHOOL AGENTS. See Schools. SCHOOL COMMITTEE. See Schools. SCHOOL FUND. See Schools. SCHOOL INSTRUCTORS. See Schools. 682 INDEX. SCHOOL RETURNS. See Schools. SCHOOLS, towns may determine number and limits of school districts, 428. school in a district may be suspended, 428. how part of money may be expended, 428. towns may choose agents, 428. vacancies, how filled, 428. school money may be paid only on written order of town officers on vouchers, 428. this provision does not apply to Portland, 429. school money in Portland how paid, 429. towns may abolish school districts, 429. property, appraisal of, 429. tax, how levied, 429, remitted to district, 429. powers and liabilities of districts to continue for certain purposes, 429. duties of districts, 429. districts to raise for school purposes not less than 80 cents per in- habitant, 429. towns neglected not entitled to State school fund, 430. towns may provide school books, 430. apportionment of school money among the smaller districts in the several towns, 430. towns to choose committee or supervisor, 430. , superintending school committee may appoint one of their number to perform certain duties, 431. penalty for town failing to choose committee or supervisor, 431. children required to attend public school twelve weeks in a year, 431. exception, 431. penalty for non-compliance, 431. penalty to boy refusing to attend, 431. duty of committee to enforce, 432. mill tax for support of schools, 432. how assessed and collected, 432. distribution, 432. any portion unexpended to be added to permanent school fund, 432. cities and towns authorized to make laws concerning truants, 432. persons appointed to make complaint, 432. truants placed in suitable institutions, 433. school committee of Portland how constituted, act of 1881, 433. INDEX. 683 SCHOOLS, mayor to be chairman, 433. not restricted as to wards, 433. vacancy, how filled, 433. * powers and duties of said committee, 434. election of superintendent, 434. estimates to be furnished city council, 434. no member to receive compensation, 434. powers not conferred upon committee vested in city council, 434. inconsistent acts repealed, 434. school committee to be sworn, 434. school committee when first chosen shall arrange term of oflSce, vacancies, 434. duties of school committees, 435. school week and month, 435. examine candidates for instructors, 435. give certificates to teachers, 436. examine schools, 436. may dismiss teachers for sufficient cause, 436. give certificate in such cases, 436. may expel disorderly scholars, 437. may expel scholars not vaccinated, 437. direct expenditures, 437. prescribe sums to be paid in certain cases, 437. may classify scholars, 437. to make annual report, 437. as amended, 437. shall make annual statement, 437. school district agents authorized to employ teachers, 439. to notify school committee when school is to commence, 439. to return lists of persons from 4 to 21 years of age, 439. if he neglects, 439. committee to furnish books if parents or guardians neglect, 439. compensation for superintending school committee andsuper\asors, 440. assessors or municipal officers to make sworn statement to state superintendent, 440. duties of instructors to keep school register, 440. inculcate morality, justice and patriotism, 441. penalty for disturbing schools, 441. 684 INDEX. SCHOOLS, minor injuring schoolhouse, parents liable, 442. penalty for defacing schools, 442. • innliolders and shopkeepers not to give credit to students, 442. general provisions relating to schools, 442. acts relating to free high schools, 442. in relation to school exercises and examinations, 442. exercises and examinations, 442. school committee to elect and remove instructors, 443. to determine their salaries, 443. to apportion salaries of instructors, 443. children must be vaccinated before attending, 443. required to attend, 443. punishment for not attending, 443. truant officer to be appointed, 444. places of punishment, 445. ' hajDitual truants, 445. punishment of children between the ages of 8 and 16, 445. buildings, superintendent of, 445. his duties, 446. non-resident children, 446. SEAL OF THE CITY, its motto, 448. effect upon contract, 448. SEALER OF WEIGHTS AND MEASURES, 565. SECOND HAND ARTICLES, sale of, 424. SELECTMEN. See Elections, 165. SEWERS. See Drains and Sewers. See Engineer, City, 131. SHADES AND AWNINGS REGULATED. See Streets, 485. SHEEP. See Streets, 489. SHERIFFS. See Jurors and Riots. SHINGLES. See Lumber, 297. SHIPS. See Health, 253, 254. See Harbor of Portland, 238. See Gunpowder, 226. SHOW BILL. See Buildings, 78. SHOWS. See Amusements, 53. SICKNESS. See Health, Infectious Diseases and Nuisances. INDEX. 685 SIDE TRACKS. See Streets, 491. SIDEWALKS. See Streets, 494, 495, 496, 497. SIGNS, not to project into streets, 486. SINKING FUND. See Railroads, 360. commissioners of, 381. committee on reduction of city debt, 450. appropriations for payment of city debt, 450. duty of auditor, 451. committee may loan to city treasurer, 451. SLEDS. See Carriages, 87. SLEIGHS. See Carriages, 87. SMALL POX.. See Health, 255, 256. SNOW, to be removed from footway or sidewalk, 496. this provision applies to snow falling from buildings, 497. thrown into streets must be spread evenly, 497. SNOW-BALLS, not to be thrown in streets, 484. SOLDIERS AND SEAMEN. See Elections, 156, 159. See Hawkers and Pedlers, 241. See Liquor Agent, 49. SOLE LEATHER. See Leather. SOLICITOR, how chosen, qualifications, 452. . duties, 452. to commence and prosecute suits, 452. SOLICITOR, to appear before legislature and committee thereof, 453. to furnish legal opinions, 453. to make aliuual reports to city council of unfinished business, 453. SQUARES, the word street to include, 497. STABLES, lively, buildings not to be occupied for, without direction of muni. cipal oflicers, 75. STANDING WOOD AND TIMBER, lien thereon for payment of taxes, 513. STATE COMMISSIONER, liquor agents to purchase of, 50. school fund. See Schools, 430. STATIONERY AND BLANK BOOKS. See City Clerk, 127. SOLDIERS AND SEAMEN, liquor agent not to sell to, 49. STAVES. See Lumber, 298. STONES AND MONUMENTS. See Cemeteries, 101. 6S6 INDEX. STEAMBOATS. See Ferries, 176. STEAM ENGINES. See Nuisances, 321. STEAM HEATING COMPANY, charter of 1880, 454. capital stock, 454. privileges, 455, 456. not to obstruct public travel, 454. management by board of directors, 456. authority to city after ten years, 456. franchises continued, 457. penalty for obstructing streets, 457. actions against for injuring private property, 458. in control of city, 458. act to take effect vs^hen, 458. STEELYARDS may be used after being sealed. See Weights and Meas- ures, 565. STEPS not to project into streets, 487. STOCKHOLDER, city of Portland not. See Railroads, 370, STONES, not to be throv^n in streets. STOVEPIPES, when defective must be removed or repaired, 191. if set on fire, penalty, 195. STREETS, authority of city council, 463. land damage, 464. damages by laying out or widening streets, how apportioned, 465. form of notice to owners of lots assessed, 466. owner aggrieved by assessment, 467. proceeding where no appeal and assessment not paid, 467. recovery of assessment by action, 468. original location of streets, how ascertained, 468. persons may object to report, 468. obstruction of, on public occasions, 468. powers of county commissioners to include cities, 469. excavations, how made 469. damages by raising or lowering, 469. sliding and coasting on, 470. townways across or under railways, how built, 470. when not at grade, 470. INDEX. 687 STREETS, ways already laid out, 470. costs may be taxed and allowed to either party at the discretion of the court, 471. majority of voters of town may re-instate town way discontinued by . county commissioners, 471. public highway may be constructed in Portland into tide waters, 472. ferry-way and landing, 472. towns may raise and assess money for bridges and ways as other taxes, 472, ways to be left open and in repair, 472. ways on line between towns, 473. how divided and repaired, 473. municipal oflScers to assign limits to surveyors, 473. towns raise money, 474. persons injured by defect in highway may recover damages, act of 1877, 474. amount of damages limited, act of 1879, 475. slippery sidewalk no cause of action, 475. notification of defect, 475. buildings or fences existing twenty years on street or way deemed true bounds, 476. towns must maintain guide posts at crossings of ways, penalty, 476. municipal officers to erect guide posts, penalty, 476. in relation to laying sidewalks, 476. names of streets to be continued, 477. committee to lay out new streets, 477. to estimate damages, 477. to report to city council, 477. commissioner of streets elected, 478. sworn, compensation, and how removed and successor appointed, 478. duties, 478. to keep all streets safe and convenient for travellers, 478. to attend to widening, alteration, repairs, &c., of streets, 488. to make contracts, 478. to have charge of teams, 478. street commissioner's powers pass to commissioner of streets, 478. must pay damages from his own neglect, 478. must make himself acquainted with lines of streets, 479. 43 688 INDEX. STREETS, shall make arrangements with overseers of alms house for supply of labor, 479. shall discharge all bills once a month, 479. render account to board of aldermen, 479. present annual account to committee of accounts, 479. shall erect stone monuments and record them, 479. removal of monument, penalty, 480. land lots dangerous to travellers, to be fenced in, penalty, 480. streets not to be dug up or gravel removed from without license, penalty, 480. when broken up, to be repaired, penalty, 481. no drain or aqueduct to be opened or repaired without license, penalty, 481. when license granted, repairs must satisfy the commissioners, 481. one half of street to be kept open, 481. railing and light required, penalty, 481. notice to be given of intention to erect or repair buildings on streets, 482. portion of street to be alloted, 482. rubbish, &c., to be carried away at such times as mayor directs, 482. neglected, to be removed at expense of person building, 482. portion of street so alloted must be lighted, penalty, 482. lumber, stones and building materials not to be placed in streets to remain over six hours without permission of mayor and , aldermen, penalty, 483. such lumber, &c., may be removed at expense of owner, 483. may be sold at auction if owner refuse to remove them, 483. no person to blast rocks within fifty rods of street without license, penalty, 483. no person to play bat and ball or throw snow balls in streets, penalties, 484. no person to shoot with bow and arrow, or fly kites, penalties, 484. no person shall coast upon a sled or skate on streets, penalty, 484. gaming tables and devices not to be exposed on, 484. nor play at unlawful games on, penalties, 484. np person to swim or bathe in exposed situations, penalty, 484. manure not to be taken from streets without permission of com- missioner, penalty, 484. streets shall not be obstructed by moving of buildings, 485. building remaining in street beyond time of permit, 485. INDEX. 689 STREETS, to be removed by city marshal, penalties, 485. no goods or merchandise to project into streets, penalty, 485. regulations as to awnings and shades, penalty, 485. signs, &c., not to project into streets, penalties, 486. making noises in streets, penalty, 486. grinding cutlery in streets forbidden, penalty, 487. . porticoes, porches, &c., not to project into streets, penalty, 487. cellar doors, «S:c., 487. not to remain open unless licensed, 487. lights to be kept at entrances, penalties, 487. entrance and steps to be secured with railings or chains, 487. lights to be placed, penalties, 488. aperture or coal holes not to be made without license, penalty, 488. if left open, penalty, 488. gratings in sidewalks not to extend more than eighteen inches, penalties, 488. mayor and aldermen may authorize the construction of coal holes and gratings, 489. not to extend more than three feet, 489. t horses shall not be driven in street at faster rate than six miles an hour, penalty, 489. horse, cattle and swine running at large, penalty, 489. horse s or other animals not to be frightened by persons wantonly making noises, &c., penalty, 489. speed of trains on Commercial St. regulated and bells of locomo- tives to be rung, 490. brakemen to be at brakes, 491. penalties, 491. articles to be unloaded on south east side of railroad track, 491. not to obstruct streets leading to, or passage ways, 491. after four o'clock in the evening may be unloaded on the northwest- * erly side, 491. engines, &c., not to obstruct streets or passage ways, 491. side tracks or turnouts, not to be laid without permit of mayor, 491. street commissioners to superintend the same, 492. vessels or boats not be made fast to sea walls or coping stones, 492.- not to lay so as jib-boom, &c., may project, 492. articles not to be shipped or landed over coping stones, 492. penalties, 492. 690 ' INDEX. ^STREETS, width of sidewalks regulated, 492. sidewalks may be accepted after put in repair, 492. sidewalks relinquished maintained at expense of city, proviso, 492. bricks and sand to be furnished to lay sidewalks, 493. to be laid under direction of street commissioners, 493. specifications, 493. when city council require sidewalks to be paved, 493. city to assume one half the the expense, 494. names of streets to be recorded 494. alteration in sidewalks, 494. posts and trees not to be set without consent, penalty, 494. carriages, handcarts, &c., not to go on sidewalks, 494. horses or other animals not to stand upon sidewalks, penalty, 494. wood not to be sawed or split upon sidewalks, penalty, 495. persons not to stand in a group upon sidewalk or cross-walks so as to obstruct, penalty, 495. refusing to move on, penalty, 495. goods not to be placed upon sidewalks to obstruct, penalty, 496. penalty after notice, 496. snow to be removed from footway or sidewalk, 496. penalty, 496. provision applies to snow falling from any building, 497. ice to be removed or covered with sand, penalty, 497. thrown into streets to be placed evenly and broken into small pieces, 497. word streets to include alleys, lanes, &c., unless, 497. provisions of preceding section not to limit rights and duties of street commissioners, 498. Back Cove flats, 498. lines and grades of streets, 498. encroachments on, 499, new and old grades, 499. petitions for grades, committee to submit plans and estimates for paving, 499. numbering buildings and lots, 499, 500. monuments, 500. streets kept clear, 501. opening, where w^ater or gas pipes are laid, 501. excavations, 502. further duties of commissioners, 602. INDEX. 691 STUDENTS. See Elections, 156. SUPERINTENDENT. See Cemeteries, 97. See Health, 271, 272. SUPREME JUDICIAL COURT. See Courts. SURVEYORS OF LUMBER. See Lumber. SWIMMING, so as to be exposed to view, 484. SWINE, not to run at large. See Streets, 489. TAXATION, exemption from. See Manufacturing Establishments, 305. TAXES. See Assessors, in charter, 28, 29. poll tax, on whom assessed, 510. • real and personal property taxable, 510. real estate, what is included, 510. real estate of railroad corporations regarded as non-resident land, 510. track not regarded as real estate, 510. personal estate, what it includes, 511. property of religious societies exempted to a certain extent, 511. certain other property exempt, 511. polls and estate of Indians and polls of persons under guardianship exempted, 512. manufacturing establishments with two thousand dollars invested exempt for ten years, 512. mines exempt, 512. aqueducts, pipes and conduits in certain cases exempt, 513. poll tax where assessed, 513. standing wood and timber to whom assessed, 513. lien created thereon, 513. landlord and tenant to pay equally, 513. personal estate taxable where owner resides, 514. exenf^ted cases, 514. goods, wares, merchandise and lumber, where taxed, 514. machinery and real estate belonging to corporations, where taxed, 514. mules, horses, neat cattle, sheep, sheep and swine taxed where kept, 514. personal property of minors and wards assessed to guardians, 515. personal property held in trust for a married woman by executor,, admiristrator or trustee, 515. 692 INDEX. TAXES, personal property placed in the hands of any corporation as funds in trust, 515. personal property of deceased persons, 515. property held by religious societies, 516. toll bridges taxed as personal property, stock of gas or water sup- plying corporation, 516. duties of assessors, 516. clerks of corporations failing to make returns, 517. franchise may be sold in certain cases, 517. blood animals, 517. « personal property of non-residents, 517. lien in favor of person paying tax, 517. remedy for paying more than proportion of tax, 517. stock of companies invested, how taxed, 518. mortgaged personal property, how taxed, ,618. real estate of deceased persons, how taxed, 518. partners, personal property, 519. lands may be assessed to owners or tenants, 519. part owner may be taxed and pay separately, 519. assessments may continue to be made on same person till notice given, 520. property of certain corporation, for manufacturing, &c., where taxed, 520. stock of banks where taxed, 520. bank stock out of State, 520. cashiers required to exhibit books, 521. deliver certified copy of dividend, 521. j shares to be taxed in the town where bank is located, when resi- dence of holder is unknown, or out of the State, 521. collector to give notice to cashier or president of bank, 522. powers of collectors, 522. actions maintained by treasurers of towns and cities, 522. supplementary assessments may be made to correct mistakes, 522. treasurer of State to issue warrant for State tax, 523. what warrant requires, 523. assessors to be governed by the rules established, 524. assessors responsible for personal faithfulness only, 524. collectors how chosen, 524. fees and travel of collectors, 524. collector to receive a warrant, 525. INDEX. 693 TAXES, to give approved bond, 525. ^ constable or collectors to give receipt on demand, 525. collector may sue in his own name> 525. distrain if tax not paid, 525. may imprison after twelve days' notice, 525. without such notice in certain cases, 526. when payable by installments and person about to remove, 526. former collector to complete collection, 526. shares in corporation may be distrained, 526. oflScers of corporation to give certificate of shares, 526. collector may collect in any part of State, 526. may bring action of debt in certain cases, 527. assessment not void if including sums for an illegal object, 527. collections how made if non-residents of improved land, 527. chattels of non-residents, 527. collector impeded may demand aid, and person refusing is subject to penalty, 528. account of collections, 528. collectors removing required to give up tax bills, 528. penalty for refusing to deliver tax bills, 528. when collector dies, 528. sums over paid to be restored, 529. State Treasurer may issue warrant against delinquent treasurer, 529. towns to pay when collector fails to, 529. assessors in such case to make new assessment, 530. when action of debt may be maintained, and costs thereof, 530. additional remedy against corporations, 530. time fixed for paying tax, interest, 530. election of assessors, their duties, 531. treasurer of city of Portland shall be collector of taxes, 531. advertisement of sale of real estate, 531. publication of list, 531. duty of assessors, 532. treasurer and collector, 532. See Assessors, 28, 29. Railroads, 412. Schools, 429. TEACHERS. See Schools. THROWING, stones or snow-balls in streets, 484. 694 INDEX. TPIEATRICAL EXHIBITIONS. See Amusements. TIMBER. See Lumber. TOWNS, may provide for support of poor children, 112. TOWN-WAYS. See Streets, 470. TRAINS. See Streets, 491, 492. TRAMPS, begging prohibited, 534. definition of tramp, 534. penalty, 534. fees of ofiicers, 534. punishment of tramp, 535. entering a building, 535. injuring a person, 535. evidence, 535. apprehension of, 535. special constables, 535. females, minors and blind persons not affected by act, 535. advertisement of act, 535. penalties, 536. TREASURER, to keep record of lots in Evergreen and Forest City cemeteries, 99, 108. to report to city council lots sold, 99, 108. to execute certificates of lots, 97, 107. to collect and receive rents, 182. to receive fines and penalties, 182. to proceed to collect accounts without delay, 182. to report unsettled accounts to mayor and aldermen, 183. to make up annual account to first day of April, 183. to be a member of licensing board, 281. bond of licensed person to be given to, 282. fee for license to be paid to, 282. • to keep set of standard weights, &c., 564. to keep seal, 448. See City Auditor, Finance, Sinking Fund, Taxes, to receipt to liquor agent, 51. See Agent. See City Clerk, 126. Finance, 183, 185. Railroads, 382. Drains and Sewers, 148. Weights and Measures, 564. INDEX. 695 TREASURER AND COLLECTOR. See Finance, 182, 183. TREES, towns, cities and villages may make by-laws relating to, 537. not a defect in the street, 537. injury to, 537. ornamental trees on streets not to be removed, &c., without consent of mayor and aldermen, 538. penalty if horses, &c., mutilate or destroy, 538. shall not be injured without consent of mayor and aldermen, 538. horses and animals shall not be fastened to, 538. penalties, 538. duty of city marshal to prosecute, 538. fines and forfeitures thus collected to constitute a fund for replant- ing trees, 538. taken to be legally established, 538. record, 539. TRUANTS. See Schools, 432, 433, 444, 445. TRUCKS. See Carriages, 87. TRUSTEE. See Railroads, 380. UNDERTAKERS. See Cemeteries, 104, 105. Health, 272, 273. UNLAWFUL ASSEMBLIES. See Riots, 420. VACCINATIONS, 443, 256. VACANCIES. See Elections, 163, 165. VAULTS. See Health, 265. VENIRE. See Jurors, 288. VESSELS, on stocks, attachment of, 123. anchored contrary to rules. See Harbor of Portland, 239. VICTUALERS. See Innholders, 281. VINEGAR, adulteration of, 540. use of bad ingredients, 540. inspectors of, 540. VOTERS, persons not, cannot act as auctioneers, 59. penalty for not summoning. See Constable, 166. who are legal. See Elections, 157. VOTES, returns of. See Elections, 161, 162, 163. how to determine highest number of, 170. WAGONS. See Carriages, 87. 696 INDEX. WARD CLERK. See Charter. WARDEN, pro tern, may be chosen, 164. for islands. See Elections, 169. See Charter, '34. See Wards, 541. WARD MEETINGS, notice of, by city clerk, 36. See Elections. See Railroads, 384. WARD ROOMS. See Constable and Messenger, 109. WARDS, division of city into, 541. wardens and clerks, 541. ward meetings how called, 542. ISLAND, 170, 642, 543. city wards may have their limits changed, how, 543. WARRANTS. See Municipal Court, 315. See Elections, 158, 172. WATCH AND WARD, 546. WATER, from roofs. See Ordinances, 153. incorporation of Portland Water Co. 547. its purpose and powers, 547. liability to damages, 547, 548. capital stock, 548. rights of city of Portland, 548. authority to lay pipes, 548. powers of city in the company, 550. penalty to the company for obstructing streets, injuring property and corrupting waters, 551. erection of dams, 551. power of mayor and aldermen, 552. first meeting, 552. corporation may issue bonds, 552. city may exempt from taxation for six years, 552. an act additional to charter of company, 552. contracts made binding, 552. court of equity to compel performance, 553. board of commissioners, 553. time for completion of work, 553. ordinances, 554. INDEX. 697 WATER, regulations of company, 557. permits, 557. when streets shall be broken into, 558. damages, 558. control of street commissioner, 559. when work to be done, 559. obstructions deemed nuisances, 559. pipes of, water and of gas company. See Streets, 501. laid at expense of company, 559. penalty for injuring property of company, 560. WATERING TROUGHS, abatement for, 561. WAYS. See Streets. WATCHMAN. See PoUcemen, 349. WEIGHERS AND G AUGERS, appointed and sworn, 562. duties and fees, 562. shall pay for use of scales, 563. persons not authorized so acting, penalty, 563. WEIGHERS OF HAY. See Hay. WEIGHER OF HARD COAL, how chosen, 567. appointed and sworn, 567. duties, 568. penalties, 569. compensation, 569. coal must be sold by weight, 569. WEIGHER OF PLASTER, election and compensation of, 570. scales provided by city and bonds given by measurer, 570. WEIGHTS AND MEASURES, town seal and standard beams, weights and measures kept by town treasurer, 564. appointment of sealers and penalty for refusing to act as, 565. sealer's duties and penalty for neglect to perform, 565. what scales may be used, 565. measures for articles sold by heaped measure, 566. fee of sealers, 566. by whom paid, 566. WELLS, offensive substances must not be thrown into. See Health, 266. WELLS AND PUMPS, penalty for injury to, 571. wasting water from, 571. 698 INDEX. WHARVES, restrictions on extent of, 572. notice for construction of, 572. Atlantic and St. Lawrence, 572. wharf line established, 572. "WINDOWS, must not project into streets, 487. WITNESSES, mayor and aldermen may compel attendance of, in some cases, 42, 43. WOOD, not to be sawed or split on sidewalks. See Streets, 495. WOOD, BARK AND CHARCOAL, towns may regulate the measure and sale of, 574. dimensions, 574, penalty of selling, before survey, 575. brought by water, how measured, 575. ticket stating quantity and name of driver, 575. fraudulent stowage of, penalty, 575. how charcoal may be measured and sold, 576. coal baskets to be sealed, dimensions, 576. penalty, 576. seizure of unlawful baskets, 576. measurer, refusing to give certificate, penalty, 576. measurers of firewood and bark, how chosen, 576. measurement divided into two branches, 577. wood and bark brought into city by cart, 577. city divided into two districts, 577. measurer must give tickets and keep record thereof, 578. teams with wood or bark not to stand in street longer than ten minutes, 578. cattle not to be fastened to post, 578. wood not to be unloaded or piled in market, 578. seizors of baskets how appointed, 578. WOODEN BUILDINGS, restrictions on constructing, 77. WORK HOUSES. See Paupers, 327 and page 579. WRITS. See Municipal Court, 314. „, B» '«' "'■" •^J / ^^ i