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TOWN OF WARSAW.

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ceive donations

etors are authorized and empowered to accept and hold and Proprietors aumanage, for the purpose aforesaid, all monies and donations thorised to reof goods, wares or merchandize which may be bestowed on them for the purposes aforesaid: Provided, That the same to the amount of shall not exceed at any one time the amount of ten thousand dollars.

10,000 dollars.

SECT. 3. Be it further enacted, That the first meeting First meeting. of the said corporation shall be held at the house of Sylvanus Higgins, in said Cape-Elizabeth, on the ninth day of April next, at two o'clock in the afternoon, notice of which meeting shall be posted at two public places in said towns, seven days prior thereto for the purpose of choosing a clerk, and such other officers as may then and there be agreed upon by the said corporation, who shall be sworn to the faithful discharge of the duties of their respective offices; and the said corporation may at said meeting or any adjournment thereof, then and there establish such rules and regulations as shall be judged necessary for the better management of its affairs, for which purpose they shall be and hereby are invested with all Proprietors to the powers appertaining to proprietors of general or common have all the fields, and the said corporation may then and there agree upon a method for calling future meetings.

[This Act passed March 15, 1821.]

powers of pro

mon fields.

CHAPTER LXXVI.

AN ACT to set off a part of the town of Warsaw, and anuex the same to the twenty-five mile pond Plantation.

SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That all that part Bound of tire of the town of Warsaw, in the county of Somerset, which lies part set off. south of the Sebestacook river, with the Inhabitants thereon, is hereby set off from said town of Warsaw, and annexed to the twenty-five mile pond Plantation, in the county of Kennebec; Provided however, That said Inhabitants shall be holden Inhabitants holto pay to said town all arrears of taxes which may have been lawfully assessed on them.

den to pay arrears of taxes.

tween the coun

SECT. 2. Be it further enacted, That the dividing line Division line bebetween the town of Warsaw and twenty-five mile pond Plan- ties of Kennebec tation, as established by this act, shall be the county line and Somerset. between the counties of Somerset and Kennebec, any law to

the contrary notwithstanding.

[This Act passed March 17, 1821.]

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or pickerel tak

SEBAGO POND.-N. YARMOUTH AND CUMBERLAND.

CHAPTER LXXVII.

AN ACT to prevent the destruction of Trout or Pickerel in Sebago
Pond in the County of Cumberland.

SECT. 1. BE it enacted by the Senate and House of Penalty of 1 dol Representatives, in Legislature assembled, That if any person Ear for each trout or persons in the night time at any season of the year, shall en with a spear spear or take with a spear, any Trout or Pickerel in Sebago in the pond or Pond, or in any of the streams or rivers emptying into or issuing out of said pond, or in any of the waters connected with it; he or they shall forfeit and pay a fine of one dollar for each and every fish so taken or speared.

in the night time

streams.

Penalty of 5 dol

lars for setting

SECT. 2. Be it further enacted, That if any person or eel pots, nets,&c. persons shall set eel pots, fish pots or nets or erect any wears in said pond, or in any of the rivers, streams of waters connected with it as aforesaid, for the purpose of taking said fish, or obstructing their passage in said waters, he or they shall forfeit and pay the sum of five dollars for each and every offence.

Any person may

SECT. 3. Be it further enacted, That it shall be lawful destroy nets, &c. for any person or persons who shall find any of the obstructions mentioned in the foregoing section, placed or erected in said pond or its waters aforesaid, to take up, pull down, demolish and destroy the same and shall not be liable to an action of trespass for so doing. And all penalties and forshare one half to feitures arising by force and virtue of this act, shall be recovhalf to the in- ered by action of debt or information in any court proper to try the same; one moiety thereof for the use of the State, and the other moiety to him or them who shall inform or sue for the same.

Penalties to

the state and one

former.

[This Act passed March 17, 1821.]

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berland.

CHAPTER LXXVIII.

AN ACT to divide the town of North-Yarmouth, and incorporate the
westerly part thereof into a town by the name of Cumberland.

SECT. 1. BE it enacted by the Senate and House of Bounds of the Representatives in Legislature assembled, That all that part town of Cum- of the town of North-Yarmouth, in the county of Cumberland, lying southwestwardly of the following line, viz: beginning at the sea shore on the dividing line between the farms of Alexander Barr and Reuben Loring; thence northwesterly to the easterly corner of the one hundred and twenty acre lot numbered one, in the one hundred and twenty acre division,

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NORTH-YARMOUTH AND CUMBERLAND.

on the west side of Royal's river; thence north twenty-six degrees west to the north corner of lot numbered five; thence south sixty-four degrees west on the dividing line between the lots numbered five and six, to the south corner of land now owned by Joseph Barstow, in lot numbered six; thence north twenty-six degrees west, across said lot; thence south sixtyfour degrees west, between lots numbered six and seven, to the dividing line between the one hundred and the one hundred and twenty acre division on the west side of Royal's river; thence north twenty-six degrees west on said line to the southeasterly side line of the two hundred and eighty acre squadron numbered one, thence south fifty four degrees west to the easterly corner of the four hundred and fifty acre squadron numbered two, so called; thence northwest to Gray line, with all the flats lying westerly of a line drawn south, twelve degrees east from the bounds first mentioned, together with all the islands heretofore belonging to said town of North-Yarmouth, except Cousins' island, Littlejohn's island, Lane's island, and the two islands called Mosier's and Little Mosier's islands, with the inhabitants thereon, be, and the same are hereby incorporated into a separate town by the name of Cumberland; and vested with all the powers, privileges and immunities, and subject to all the duties and requisitions of other corporate towns, agreeably to the Constitution and laws of this State.

91

Cumberland to

and their pro

town of North

apportioned by

tion,

SECT. 2. Be it further enacted, That the inhabitants of Inhabitants of said town of Cumberland shall be holden to pay the arrears pay arrears of of all taxes which have been legally assessed on them, together taxes, &c. with their proportion of all assessments which may have been voted by, and debts due from said town of North-Yarmouth, portion of debts at the time this act may take effect, and their proportion of all due from the State and County taxes; said proportions to be ascertained Yarmouth, by the last valuation of the respective towns; and said inhabi- the last valuatants of Cumberland shall be holden to perform one third part and perform one of the labor which may be necessary to open a County road third of the lalaid out in said North-Yarmouth, from New-Gloucester to Wal- new road laid nut hill meeting-house, so as to render the same passable: Pro- And to receive vided, said road is not discontinued. And said inhabitants of of taxes and Cumberland, shall be entitled to receive their proportion of debts, all assessments voted by, and debts and taxes due to said town of North-Yarmouth at the time this act takes effect; to be divided according to the valuation aforesaid, together with and one third of one third part of the principal and interest of the school fund, belonging to said town of North-Yarmouth.

bor in making a

out.

their proportion

the school fund.

divided one

SECT. 3. Be it further enacted, That all persons belong- Paupers to be ing to said town of North-Yarmouth, who shall be chargeable third to Cumber to said town as paupers when this Act takes effect, shall be land and two distributed to said towns of North-Yarmouth and Cumberland, Yarmouth.

thirds to North,

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NORTH-YARMOUTH AND CUMBERLAND.

as equally as practicable in the proportion of one third to said town of Cumberland, and two thirds to said town of NorthYarmouth, regard being had to the expenses of such paupers support; and each town supporting the paupers thus falling Persons becom- to its share in its own way and manner. And all persons

ing paupers to

the town where

be chargeable on who shall afterwards become chargeable shall be considered they have gain as having their settlement in said town of North-Yarmouth or ed a settlement. Cumberland, respectively, according as their settlement may have been gained on the territory of the one or the other at the time this act may take effect, and in future shall be chargeable to such town only.

Military stores to be divided ac

SECT. 4. Be it further enacted, That the town stock of cording to the powder, balls, flints, guns and camp equipage, on hand at the number of mili- time aforesaid, shall be divided between said towns in proportion to the number of men borne on the rolls of the Militia of the respective towns at that time.

tia.

Privilege of the

mon.

SECT. 5. Be it further enacted, That the privilege of barying grounds using the several burying grounds in common, and the privito remain com- lege of obtaining clams and muscle mud from the flats in said towns, which the inhabitants have been accustomed to use from time immemorial, shall continue in common as heretofore.

Selectmen of

be trustees of the school fund.

ed,

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appropriated.

SECT. 6. Be it further enacted, That the Selectmen and Cumberland to Treasurer of said town of Cumberland, for the time being, and their successors in office, shall be trustees of the school funds belonging to said town, and shall be entitled to demand and receive of the Trustees of the school funds in North-Yarmouth, such portion of said funds as may belong to said town of How to be vest- Cumberland, by virtue of this act; and shall forthwith vest the same in public stock or sufficient personal security, and apply the interest annually, arising from the same, to the and the interest support of public schools in said town of Cumberland forever, unless said town shall, at a legal meeting thereof, order said interest to be added to the principal for the further increase of said fund; which they are hereby authorized to do, as often as they may think expedient. And it shall be the duty of the Trustees of the fund for the support of public schools in said North-Yarmouth, forthwith to divide and apportion the principal and interest of said fund in the proportions aforesaid, so that the part thereof which may belong to said town of Cumberland, may be ready to be delivered to the Selectmen and Treasurer thereof, when elected and qualified to receive the same. And said town of Cumberland shall not be holden to to support pau- receive nor support any of the persons chargeable as paupers school fund is at the time this act may take effect, until said school fund is divided as aforesaid, and the part thereof belonging to said town of Cumberland, shall be paid or tendered to the Selectmen and Treasurer of the same.

Cumberland not

pers till the

.divided,

BOWDOIN COLLEGE.

93

First meeting.

SECT. 7. Be it further enacted, That this act shall take Act to take ef effect on the second day of April next. And any Justice of fect April 2 the Peace for the county of Cumberland may issue his warrant, on the application of any five inhabitants of said town of Cumberland, directed to any one of such applicants, requiring him to notify and warn the inhabitants of said town qualified to vote in town affairs, to meet at such convenient time and place as shall be specified in said warrant, for the choice of such officers as towns are authorised by law to choose at their annual meetings.

on the division

SECT. 8. Be it further enacted, That all persons dwelling Persons living on lands adjoining the division line, described in the first line may elect section of this act, shall have liberty to belong, with their which town to lands adjoining said line, to which of said towns they may elect: Provided, they make such election in writing, describ- if the election is ing such lands, and file the same in the office of the Secretary of State within ninety days next after the passing of this act. And one half of the highway adjoining said division line, as the same shall be after such election made as aforesaid, shall belong to each of said towns.

made in 90 days.

either town to

who shall make

months.

SECT. 9. Be it further enacted, That Nathan Elden, Committee apEbenezer D. Robinson and John Perley, Esquires, be, and pointed, they hereby are appointed and empowered to consider the to decide what terms and conditions mentioned in this act, and to determine shall be paid by what sum of money, if any, shall be paid by either of said the other, towns to the other in order to do justice between them. And their award in 6 said committee, or the major part of them, shall make their award in writing within six months next after the passing of this act, and leave attested copies of the same with the Clerks of said towns, and shall also determine which of said towns shall pay the expenses of said committee. And if the town against which the award may be, shall not within six months after a copy thereof shall be left as aforesaid, pay the monies awarded according to the tenor of such award, the town in whose favor such money may be awarded, may have an action of the case therefor, in any court proper to try the [This Act passed March 19, 1821.]

same.

CHAPTER LXXIX.

AN ACT to alter the law establishing Bowdoin College.

SECT. 1. BE it enacted by the Senate and House of Represen- Board of Trustatives in Legislature assembled, That the number of trustees tees to consist of provided for in an act to establish a College in the town of not more than 25 Brunswick, including the President of said College, shall

13

nor less than 20.

A

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