Fees, which judges may be including actions of forcible entry and detainer, shall be the CHAP. 152 same allowed by trial justices in like actions before them, except that the plaintiff, if he prevail, shall be allowed two dollars for his writ, and the defendant, if he prevail, two dollars for his pleadings, but in actions in which the amount recovered exceeds twenty dollars, the costs and fees shall be the same as allowed in the supreme judicial court, in like actions, except that the defendant, if he prevail, shall be allowed two dollars for his pleadings, and that witnesses shall be allowed one dollar per day, and travel as in other cases. SECT. 14. No fees shall be allowed or taxed for said judge in any civil action or proceeding in said court; and allowed to tax. none shall be taxed for him in any criminal action or proceeding therein for any service, the fee for which is to be allowed the clerk, as provided in section fifteeen, but for any other services in criminal matters, the same fees shall be allowed for him and at the same rates as are allowed by law to trial justices for like services, except that his fee for a complaint and warrant shall be one dollar, and for the trial of a complaint or of a libel of intoxicating liquors, two dollars for the first day and one dollar for every additional day engaged therein, all of which fees shall inure to the city of Auburn and be paid to the treasurer of said city, whose receipt shall be a sufficient voucher for such payment. 'SECT. 15. The clerk of said court may tax and shall be allowed for his services in a civil action the same fees, the trial fee excepted, allowed by law to trial justices, for like services, and at the same rates, except that he shall be entitled to sixty cents for entering and recording an action and twenty-five cents for taxing the costs, said fees to be paid him by the party at whose instance the services were performed, and taxed with the costs of such party if he prevail in the suit. For his services in criminal proceedings he shall be entitled to forty cents for taxing the costs and recording judgment, ten cents for each subpoena, twenty-five cents for each mittimus and each recognizance, fifty cents for making and recording each libel of intoxicating liquors, and twentyfive cents for each order to destroy or to restore such liquors, said fees to be taxed in the bills of costs, and unless paid into court, to be allowed by the county commissioners, and paid by the county treasurer, as provided by law in relation to other criminal expenses. Fees, which clerk may be allowed to tax and receive. CHAP. 152 Fees, which clerk may retain. 'SECT. 16. The clerk shall receive all fines, forfeitures and costs paid into court in criminal proceedings, and may retain from such costs his own fees, but shall pay over all other fees to the persons to whom they were allowed when called for, if called for within one year, except the fees of the judge, which he shall account for and pay over to the treasurer of the city of Auburn at the end of every three months. All -fines, shall be fines and forfeitures received by him, and all fees so received but not seasonably called for, he shall account for and pay over at the time and in the manner required by law, but no account required by this section shall be deemed sufficient unless approved and signed by the judge. accounted for. City, shall provide a court room. Trial justices, restricted from exercising jurisdiction in city of Auburn. When act shall take effect. Inconsistent acts, repealed. 'SECT. 17. It shall be the duty of the city of Auburn to provide a suitable court room, conveniently situated and appropriately fitted up and furnished, in which to hold said court, and keep the same in proper condition for use, and also to provide for said court an appropriate seal, and all blanks, blank books, dockets, stationery and other things necessary in the transaction of its business; and said city shall have authority to raise money for that purpose and for the payment of the salary of the judge. 'SECT. 18. Trial justices are hereby restricted from exercising any jurisdiction in the city of Auburn over any matter or thing, civil or criminal, except such as are within the jurisdiction of justices of the peace and quorum and except that they may issue warrants on complaints for criminal offenses, to be returned before said municipal court.' SECT. 2. This act shall take effect when approved so far as to authorize the appointment of a clerk of said court as provided therein, and shall be in full effect on and after the fourth Monday in March in the year eighteen hundred and ninety-one, provided, that nothing therein shall be held to restrict or enlarge the powers of the judge in relation to any proceedings pending in said court at the time when said act goes into effect, or in relation to any writ or other process then already issued and served. SECT. 3. All acts and parts of acts inconsistent with this act, are hereby repealed. Approved March 4, 1891. CHAP. 153 Chapter 153. An Act to amend the charter of the city of Auburn. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: of Auburn, amended. SECT. 1. The charter of the city of Auburn is hereby Charter of city amended by adding to the fourth section thereof, the following words and it shall be the duty of the city council, at least once in ten years, and not oftener than once in five years, to review, and if necessary, to alter said wards and the boundaries thereof, in such manner as to preserve, as nearly as may be, an equal number of inhabitants in each ward,' so that said section, when amended, shall read as follows: Selectmen of Auburn, shall cause a division of town into wards. 'SECT. 4. The selectmen of the town of Auburn, as soon as may be after this act shall have been accepted, as hereinafter provided, shall cause a division of said town to be made into five wards, in such manner as to include as nearly as conveniently, may be consistently with well defined ward limits, an equal number of inhabitants in each ward, and appoint a warden to preside at the first meeting until a warden is elected. And it shall be the duty of the city When wards council at least once in ten years, and not oftener than once in five years, to review, and if necessary, to alter said wards and the boundaries thereof, in such manner as to preserve, as nearly as may be, an equal number of inhabitants in each ward.' SECT. 2. This act shall take effect when approved. Approved March 4, 1891. may be altered. Chapter 154. An Act to incorporate the Lisbon Falls Water Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Edward Plummer, Samuel Sylvester, F. C. Corporators. Whitehouse, O. S. White, George A. Pettengill, George W. Curtis, J. H. Brewster, William Parkin, J. H. Coombs, John Merriman, D. Fessenden, Harris Ginnsburg, H. E. Plummer, W. E. Plummer, W. H. Newell, with their asso CHAP. 154 ciates, successors and assigns, are hereby made a corporation -corporate name. May hold real and personal estate. May take water Purinton's mill by the name of the Lisbon Falls Water Company, for the purpose of conveying to and supplying the village of Lisbon Falls, in Lisbon, in the county of Androscoggin and state of Maine, with pure water for domestic, sanitary, private and municipal purposes, including the extinguishment of fires. SECT. 2. Said corporation for said purposes, may hold real and personal estate necessary and convenient therefor, to an amount not exceeding fifty thousand dollars. SECT. 3. Said corporation is hereby authorized, for the purposes aforesaid, to take, collect, store, flow, use, detain, distribute and convey to the village of Lisbon Falls aforesaid, water from Little River stream, so called, and Purinton's mill pond, so called, either or both, and all tributaries to either or both, situated in the towns of Bowdoin, Webster, Lisbon and Topsham, in the state of Maine, and it is authorized also to may construct locate, construct and maintain dams, reservoirs, locks, gates, sluices, aqueducts, pipes, conduits, stand pipes, hydrants, and all necessary structures therefor; and said corporation may take and hold by purchase or otherwise, any lands or real estate necessary therefor, and may excavate through any lands when necessary for the purposes of this corporation. dams, etc. -may take land, etc. Liability for all damages. SECT. 4. Said corporation shall be held liable to pay all damages that shall be sustained by any person by the taking of any land or other property, or by flowage or by excavation through any land for the purpose of laying down pipes and aqueducts, building dams and reservoirs; and if any person sustaining damage as aforesaid, and said corporation can not -damages, how mutually agree upon the sum to be paid therefor, then such person may cause his damage 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 laying out of railroads. ascertained. Capital stock. Authorized to lay down pipes in streets of town and village under restrictions by selectmen. SECT. 5. The capital stock of said corporation shall be forty thousand dollars, which may be increased to sixty thousand dollars by vote of said corporation at a legal meeting, and said stock shall be divided into shares of one hundred dollars each. SECT. 6. Said corporation is hereby authorized to lay down, in and through the streets and ways in said town of Lisbon and village of Lisbon Falls, and to take up, replace and repair all such pipes, aqueducts and fixtures as may be -company, shall be necessary for the purposes of their incorporation under such CHAP. 154 reasonable restrictions as may be imposed by the selectmen of said town of Lisbon. Said corporation shall be responsible for all damages to persons and property occasioned by the responsible use of such streets and ways, and shall be liable to pay to said town all sums recovered against said town for damages from obstruction caused by said corporation, including reasonable legal expenses thereby incurred. for damage. May make contracts to -town, may for water and taxation. make contracts exempt from SECT. 7. Said corporation is hereby authorized to make contracts with said town of Lisbon, or any village corporation to be found at said Lisbon Falls, and with other corporations and individuals for the purpose of supplying water as contemplated under this act; and said town of Lisbon, by its selectmen, is hereby authorized to enter into contracts with said corporation for the supply of water for public purposes; and for such exemption from public burden as said town and said corporation may mutually agree upon, which, when made, shall be legal and binding upon all parties thereto. SECT. 8. Said corporation shall have power to cross any water course, private or public sewer or change the direction thereof, when necessary for the purposes of their incorporation, but in such manner as not to obstruct or impair the use thereof; and said corporation shall be liable for any injury liability for caused thereby. Whenever the said company shall lay down any pipe in any street, or make alterations or repairs upon its works in any street, it shall cause the same to be done with shall not as little obstruction to public travel as may be practicable, and shall at its own expense cause the earth and pavements removed by it to be replaced in proper condition. SECT. 9. Any person who shall willfully injure any of the property of said corporation, or shall knowingly corrupt the waters of said Little River stream or said Purinton's mill pond, or the tributaries of either, in any manner whatever, or render the same impure, whether frozen or not, or shall throw the carcasses of dead animals or other offensive matter into said waters, or shall willfully destroy or injure any dam, reservoir, pipe, aqueduct, stand pipe, hydrant, or other structure or property held or owned by said corporation, for the purposes of this act, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not less than one year, and shall be liable to said corporation for May cross any private or public sewer. damages. obstruct public travel. Penalty, for injuring property, or corrupting water. |