action in which the sum claimed in the writ is not over twenty CHAP. 298. dollars, he shall recover two dollars for his pleadings and other costs as before trial justices. In actions where the amount recovered by plaintiff, exclusive of costs, exceeds twenty dollars, or the amount claimed exceeds twenty dollars, where the defendant prevails, the costs shall be the same as in the supreme judicial court, except the costs to be taxed for attendance shall be two dollars and fifty cents for each term. Clerk of $ J. court of Hancock Co. ex officio recorder shall give bond. deputy. SECT. 6. The clerk of the supreme judicial court, for the county of Hancock, shall be ex-officio recorder of said municipal court, and shall give bond as such to the county treasurer, in the sum of one thousand dollars for the faithful performance of the duties of his office. He may, in writing, appoint a deputy, who shall May appoint have and exercise all the powers and perform all the duties of recorder in his absence; and for whose acts and omissions the recorder shall be responsible; but no such appointment shall be valid unless approved by the judge, and such approval may be revoked at any time. The recorder shall perform in said court all the duties and have all the powers exercised in the supreme judicial court by the clerk thereof. He shall receive complaints and issue warrants thereon, where sufficient cause is shown. He shall attend at the hearing of all criminal cases. SECT. 7. All fees, fines and costs in said court shall be paid to the recorder, and he shall keep a correct account thereof, and shall quarterly, on the first day of January, April, July and October, make a detailed statement thereof, on oath, to the county treasurer. He shall be entitled to retain, for his own use, the statute fees provided for the duties to be performed by him, until the same shall amount to four hundred dollars for the year. All fines and costs not accruing to him, he shall pay over to the county treasurer at the time of making his report, and at the end of each year he shall pay over the excess of his own fees over four hundred dollars. to be approved Powers and du by judge. ties of recorder. Fees, fines and appropriated. costs, how to be served. SECT. 8. Writs returnable to said court shall be duly served writs, when to be not less than fourteen, nor more than sixty days before the return day thereof. to be provided. when returnable. SECT. 9. The city of Ellsworth shall provide suitable rooms for Rooms, &c., how said court, and shall suitably furnish the same, including a fireproof safe. SECT. 10. All processes returnable on any day after this act Certain processes, goes into effect shall be returned at the term next after said day. SECT. 11. All acts and parts of acts inconsistent with this act are hereby repealed, and this act shall go into effect on the first day of April, in the year of our Lord one thousand eight hundred and seventy-six. Approved February 18, 1876. Conflicting acts repealed. when to take effect. CHAP. 299. Protection of fish in Webb's pond. Chapter 299. An act to prohibit the taking of fish in the tributaries or outlets of Webb's pond, in Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. No person shall catch, take or kill any fish, in any of the tributaries or outlets of Webb's pond, in the town of Weld, Franklin county, for term of five years, under a penalty of not more than twenty nor less than ten dollars for each offence; onehalf to the complainant, and the other half to the town. SECT. 2. This act shall take effect when approved. Approved February 21, 1876. Boundary of territory. -set off from Montville and annexed to Liberty. Polls and valuation, how arranged. Chapter 300. An act to set off a part of the town of Montville, and annex the same to the town of Liberty. Be it enacted by the Senale and House of Representatives in Legislature assembled, as follows: SECT. 1. All that part of the town of Montville lying southwesterly of the following line: beginning in the middle of Georges river, below Stevens' mill, at a point where the town line between said towns now crosses said river; thence northerly, down said river to where the Kingdom stream empties into said river, and across said stream to the north-easterly bank thereof; thence northerly, to the north-easterly end of the abutment of the Greatworks bridge, and meaning to include the whole of said bridge; thence north-westerly, to the south corner of Jacob Norton's farm; thence north-westerly, on the line between said Jacob Norton's farm and the farm now owned by the heirs of John B. Clough, deceased; thence, same course, over Haystack mountain, to the north corner of Alfred Knowlton's farm; thence on a line, to the easterly corner of Betsey M. Doty's land; thence, on a line between said Betsey M. Doty's land and land of Joshua Sprowl, to and across the road leading from Liberty village to McFarland's corner; thence, on the westerly line of said road, southwesterly, to the line between the towns of Montville and Liberty, is hereby set off from the town of Montville, and annexed to the town of Liberty. SECT. 2. Twelve polls and ten thousand dollars of the valuation of the town of Montville for the year eighteen hundred and seventy, are hereby taken from the valuation of said town, and the same are hereby added to the valuation of the town of Liberty; and the state and county taxes are hereafter to be assessed according CHAP. 300. to the number of polls and valuation of said towns as hereby fixed, until a new valuation shall be established according to law. pay SECT. 3. The several inhabitants and the estates of the territory hereby set off to the town of Liberty shall be holden to all taxes which have been legally assessed upon them by the town of Montville, and the several collectors of taxes for said town of Montville, are hereby authorized and required to collect and pay all taxes to them already committed, according to their respective warrants. Inhabitants to pay taxes legally assessed. tion of corporate Proportion of debt, how ascer tained. SECT. 4. The inhabitants of the territory hereby set off from to pay proporMontville and annexed to the town of Liberty, are required to debt. pay their proportion of the corporate debt and liabilities now existing against the town of Montville, and N. H. Hubbard, Bedfield Plummer, of Winterport, and Jason Estes, of Troy, are hereby appointed a commission, and authorized to apportion and assign to said inhabitants their proportion of said debt and liabilities, and to adjust all matters in connection with the same upon equitable principles, and shall meet for the purposes indicated in this section at some place in the village of Liberty, within thirty days from the passage of this act, notice of which shall be given by serving notice on the town clerks of the towns of Montville and Liberty, through the mail, seven days before the meeting. ed and collected. SECT. 5. It shall be the duty, and the assessors of the town of Debt, how assessMontville are hereby authorized, each year, to take from the list of polls and from the valuation of the town of Liberty, the number of polls, and the amount of each person's taxable property, real and personal, then residing on, and then existing in the territory so set off, and shall assess one-tenth part of the amount the aforesaid commissioners appointed by this act, shall find to be due to the town of Montville, and shall commit the same to the collector of said town of Montville to collect and pay to the treasurer of said town until the whole amount is collected. No part of the present indebtedness of Liberty shall be assessed upon said territory and inhabitants, unless said town of Liberty shall assume the liabilities of said inhabitants to the town of Montville, as herein provided. SECT. 6. The town of Liberty is hereby authorized to assume the liabilities imposed upon the inhabitants so set off from Montville, and pay the same to the treasurer of the town of Montville, in such sums and at such times as the commissioners shall determine. SECT. 7. This act shall take effect when approved. Approved February 21, 1876. Town of Liberty authorized to assume liabilities. СНАР. 301. Corporators. Chapter 301. An act to incorporate the Maine General Homœopathic Hospital. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Joseph Howard, Isaiah Stetson, Joseph H. Williams, Nahum Morrill, George W. Woodman, Lot M. Morrill, William G. Davis, Charles Danforth, J. S. Wheelwright, R. M. Richardson, Augustus E. Stevens, George S. Hunt, Joseph Symonds, James N. Winslow, A. A. Strout, L. D. M. Swett, Dennis W. Clark, Russell Lewis, William W. Brown, Charles True, Seth C. Dyer, Eliphalet Clark, Moses Dodge, J. L. Stevens, Joseph A. Homan, Russell Eaton, S. S. Brooks, Warren Johnson, M. V. B. Chase, Charles Milliken, G. S. Ballard, H. B. Hoskins, George L. Rogers, Arthur Berry, S. Bowman, B. C. Bailey, Oliver Moses, John B. Swanton, Edwin Reed, M. F. Gannet, L. W. Houghton, Washington Gilbert, John H. Kimball, Arthur Lowell, E. S. J. Neally, S. F. Dike, T. W. Hyde, H. C. Goodenow, I. S. Johnson, A. L. Simpson, Alson Sampson, C. P. Stetson, T. G. Stickney, Arad Thompson, J. L. H. Cobb, R. C. Pingree, B. F. Hayes, Moses Crafts, S. P. Miller, Zebulon K. Harmon, Charles S. Fobes, Edmund Phinney, Joseph Farwell, S. H. Burpee, S. N. Bird, Edwin Sprague, C. P. Nash, George W. Brown, their associates and successors, are hereby incorporated and made a body politic Corporate name. by the name of the Maine General Homoeopathic Hospital, and by that name may sue and be sued, have a common seal, and have all the immunities and privileges of like corporations. Said corporators and their associates shall have power to vote in associate corporators, but no personal liability shall attach to said corporators by reason of any acts of said corporation. Powers and privileges. May take and hold real estate. SECT. 2. Said corporation may take, receive, purchase, hold and possess lands and tenements in fee simple or otherwise, and dispose of and sell the same, and may receive of and from all persons and corporations disposed to aid in its benevolent pur-receive grants, poses, any grants and devises of real estate, and any donations, subscriptions and bequests of money and other property to be used for the erection, support and maintenance of a general homœopathic hospital for the sick, to be erected within the city of Portland. donations, &c. Purpose. Trustees, how chosen. -vacanies, how filled. Quorum. SECT. 3. Said hospital shall be under the direction and management of thirteen trustees, who shall be chosen annually, and shall remain in office until others are chosen and qualified in their stead. Said trustees shall be chosen by said corporation, and all vacancies occuring in the board shall be filled by the corporation. SECT. 4. One-fourth in number of said corporators shall constitute a quorum for the transaction of business. Said corpo ration shall have power to make and establish such regulations CHAP. 302. and by-laws as may be necessary for the choice of all proper By-laws. officers; to prescribe their duties and powers, and to provide generally for the internal government and economy of the hospital, such by-laws not being repugnant to the laws of this state. SECT. 5. The governor of the state, the president of the senate, Board of visitors. the speaker of the house of representatives and the mayor of the city of Portland, for the time being, shall be a board of visitors of the said hospital, with authority to visit the same annually, and authority of. as much oftener as they think proper, to inspect the establishment and the actual condition of the sick therein, to examine the bylaws and regulations of the corporation, and generally to see that the design of the institution is carried into effect. how called. SECT. 6. The first meeting of said corporation shall be called First meeting, by any three of said corporators by publication of the notice of the time and place of such meeting, in one of the daily papers published in Portland, Lewiston, Bath, Augusta and Bangor, said publication to be at least seven days before the time of said meeting. SECT. 7. This act shall take effect when approved. Approved February 21, 1876. Chapter 302. An act to incorporate the town of Waite, in the county of Washington. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: to incorporate. SECT. 1. The township now comprising the plantation of Waite, town of, Waite, number two, range two, in the county of Washington, with all the inhabitants thereof, is hereby incorporated into a town, by the name of Waite, with all the powers and privileges, and subject to all the duties of other incorporated towns in this state. how called. SECT. 2. The present board of assessors of Waite plantation First meeting, are hereby authorized and required to call the first meeting of the town, under this act, for the choice of town officers, by issuing their warrant for seven days prior to the time of said meeting, which shall be holden in the month of March next. and liabilities. SECT. 3. The town hereby created shall be possessed of all Property, effects property and effects belonging to Waite plantation, and shall assume all the liabilities thereof, and all collectors of taxes for Waite plantation are empowered to collect all unpaid taxes, and Unpaid taxes. are required to pay the same into the treasury of said town, as a part of the resources of said town. Approved February 22, 1876. |