The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1863-04-01


the parties agree. or by verdict of its jury and
shall render judgment and issue execution for the
damages recovered, with costs to the party prevailing
in the appeal Such appeal shall be made 10 the term
of the Supreme Judicial Court. which shall first be
holden in the county of Cumberland more than thirty
days from and amer the street i finally established
altered or discontinued. excluding the day of com.
mencement of the session of said court. The appel
ants shall serve written notice of such appeal upon
the mayor city clerk fourteen DAYS at least before
the session of the court and shall at the first term
file complaint setting forth substantially the facts Of
the case. ON the trial, exceptions NAV be taken to
the ruling of the court, in other cases Co-ten-
ants who appellants shall join in their appeal or
shall not recover their costs. If street or way is
discontinued before the damages paid recov-
cred for the land taken. the land owner shall be
entitled TO recover such damages but the committee.
in their report disseminating the same shall estimate
and include all the damages sustained BY the land
owner, including those caused by the original loca.
ton of the streets and in such an appeal has
been regularly taken, the appellant shall his
costs. The city shall not be compelled TO construct
or open any street thus hereafter established
until in the opinion of the city council the public good
requires II TO be done shall the city interfere with
the of the land taken by removing there
from materials or otherwise until they decdeto open
and construct said street. The city council NAV reg
ulafe the heighth and width of sidewalks In any pub
lie square, place. streets lanes alleys In said city
and may authorize posts and trees be placed along
the edge ofsaid sidewalks Nor shall the city be
werable for damages occasioned by egraph poles
and wires erected in its streets
SECTION 10. The mayor may on such terms and
conditions as he may think proper authorize and en-
power any person or corporation 10 place in any
street Tor such Time as maybe necessary mater-
ais for making or repairing any street sidewalk cross
walk, bridge watercourse or drain for erecting
repairing finishing any building or fences or for
laying repairing gas water pipes provided that
not more than one half of the width of the street
shall be so occupied. And such material so placed
by virtue of any license obtained a. aforesaid shall
not be considered an incumbrance or nuisance in
such street, aud the city, shall be liable to any
person for any damages occasioned by such ma
terials.
SECTION IL. The CITY shall remain divided into
seven wards audit shall be the duty of the city coun-
ci once IN ten years or otener to revise and II be
needfn TO alter such wards in such manner to pre-
serve, as nearly NAV be- equal number OF votes
in each. In each of said wards, at the annual mu-
ncipal election there shall be chosen by ballot n
warden and clerk. who shall hold their offices for
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