The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1863-04-03
PORTLAND, Me-. FRIDAY MORNING, APRIL 8, 1868.

first giving notice of the time and place OF their nr
IN , N a., parties in,eles.ea, oy an advertisement
at least previous to the time appointed. The commit
tee shall first hear all parties interested, and then
| determine and adjudge whether the public conyen-
ience require such street be laid out altered
or discontinued and shall make written return of
their proceedings, signed by majority of them
tanning the bounds and descriptions of the street or
way If laid out altered. and the names of the own
ers of the land taken, when known and the damages
allowed therefor the return shall be filed in tho city
clerks office at least previous to its accep-
| tance by the city council. The street or way shall
not be altered or established until the report Ia ac-
cepted by the city council and the report shall not
be altered or amended before its acceptance street
rway shall not be discontinued by the city council
except upon the report of said committee The COM
mtee shall estimate aud report the dana ges sustain.
| ed by the owners of the lands adjoining hat portion
OF the street or way which is discontinued their
report shall be filed with the city clerk seven days at
least before its acceptance. Any person az yrieyed
Dy the decision or judgment of the city council in es-
tablishing, altering disseminating streets nav so
lar as relates to damages. appeal therefrom TO the
next court having jurisdiction thereof in the county
ofCumberland which court shall determine the same
by committee of reference under rule of court if
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 to the term
OF the supreme Judicial Court. which shall first be
holden in the county Of Cumberland more than thirty
days from aud after the street il finally established
altered or discontinued, excluding the day Of com
mencement of the session Of sail court The appel-
auts shall serve written notice Of such appeal upon
the mayor or city clerk. fourteen days before
]
nile complaint setting forth Substantially the facts OF
heca.e ON the trial, exceptions may be taken TO
tue ruing OF the court. as in other cases Co-fen-
ants who are appellants shall join in their appeal or
shall not recover their costs. II street or way Is
@ nj % Deiors the damages are paid or recov
entitled TO recover such damage but the committee
Ia their report disseminating the shall estimate
ahd include Az the damages sustained BY the land
owner including those caused by the original ioca-
tion OF the Streets and such cases II an appel has
been Iary tskca the appellant shall rec 1yer his
I he al N
or open any street thus hereafter established
Until IN the opinion Of the city council the public good
rlare- 70 De d0ne nor shall the city Interfere with
the possession Of the land taken by Vi there
from materials or otherwise uaf they decide open
and construct said street The city council NAV reg
nafe the hetghth aud width of sidewalks ia any pub.
c square, place. streets lanes. ALLEYS ia said CITY:
h "a y sSssa post and trees 70 be placed along
werabe tor damages occasionei by telegraph poles
and wires erected Ia its streets.
| SECTION TO- The mayor nav on such terms and
conditions as he may think proper authorize and EN-.
/ power any person or corporation TO place in any
street for such time maybe necessary any materi-
ais for making repairin any street sdewsIk cross
| walk bridge watercourse drain or for erecting
repairing or finishing any building or fences for
LAYING or repairing water pines, pro yided that
not more than one half of the width of the street
shall b. so occupied. Aud such material so placed
not be considered incumbrauce or nuisance in
such street; and the city. shall be liable to any
ierials. say '''''Heu oy sueh ma
sEcrroS II. The CITY shall remain divided into
/
GU once 10 tea years or otener TO revise aud III be
needui 20 alter such wards In such manner as TO pre-.
serve as nearly as may be- equal number OF votes
| IN each In each Of said wards, at the annual mu.
nicipal election there shall be chosen by blllot a
warden and clerk, who shall hold their Offices for one
/ year from the Monday following their election and
until Others shall have been chosen aad qualified in
their places. said warden aud CLERK shall be sworn
for affirmed to the faithful perform of their re-
spcctise duties by any justice OF the peace of the
city; and certificate of such oats or airmations
having been administered shah be entered BY the
I'm aArIs fhn
preside at all ward meetings with the powers of mod
orators Of town meetings. II nj any meeting the
warden shall not be present, shall refuse to pre-
side. the clork of such ward shall call the meeting to
order aud preside until warden pro TEN. shall be
chosen. Ii both are absent shall refuse 10 act
warden and clerk pro TEN shall be chosen The
clerk shau record all proceedings, and certify the
vote given and deliver over to his successor in office
an suca records and Journals together with all other
documents and papers held by him in said capacity
The voters OF each ward may choose ten persons 10
assist the warden in receiving sorting aud counting
the votes. All regular ward meetings shall be noti-
ned and called by warrant from the mayor and alder
men. ia the manner prescribed by tho laws Of this
state for notifying and calling town meetings by the
| seiecfms IN Of the several towns.
SECTION u, The mayor shall be elected by the in-
habsnts OF the city voting in their respective wards
One alderman, three common coancnen a warden
aud clerk, and two coastables shall be elected by
each ward being resident in the ward where elected
All said officers shall be elected by ballot, By ma
Jorty OF the votes given and shall hold their offices
On one year rom the second Monday in March, and
IN Others shall be elected an qualified in their places
All city aud ward officers shall be held to discharge
the dulles OF the office to which they have been re-
spectyey elected. notwithstanding their removal af
tor their election of their respective wards into
any other wards in the city; but they shall not so be
held after they haze taken up their permanent resi-
SECTION IL On the first Monday in March annu.
Tor mayor, one alderman, three common councmen
warden aud clerk and two cousiables on one bal
lot The ward clerk. within twenty-four hours after
such election shall deliver to the persons elected GER
tifcates of their election and shall forthwith deliver
TO the city clerk certified copy of the record of such
election. plain aud nteIligibe abstract of which
shall be entered by the city clerk the city records
III the choice of any such officers is effected on
day not more than two days thereaffer) TO complete
such election, and may adjourn from time 10 time
until the election is completed: The board of alder
men snail a soon as convcniently may be, examine
the copies of the records of the several wards cert
fled a aforesaid, aud shall the person who shall
have been elected mayor BY majority OF the votes
given in all the wards to be notified writing of his
election. But II It shall appear that no person shall
have been SO elected or il the person elected shall
fuse e accept the office, the said boards shall issue
Their warrants for another election: and in case the
citizens shall fail on second ballot TO elect mayor
tue city council in convention shall from the four
highest candidates voted for at the secou, election
aud returned. elect mayor for the ensuing year;
aud IN case of vacancy in the Office of MAYOR by
deaih sgnaiion or otherwise, it shall be dlied for
the remainder of the term by election in the
manner hereinafter provided for the choice of said
oihcer The oath or affirmation prescribed by this
act shall be administered 10 the mayor by the city
clerk or any justice of the peace in said city The al
dermen and common councilmen elect shall on the
second Monda in March. at O'Clock in the fore
noon, meet in convention when the oath or af rma-
tion required by the second section of this act shall
be administered TO the members of the two boards
present. by the any justice of the peace ne
ter which the board of common council shall be- or
ganized BY the election OF president aud clerk The
city council shall by ordinance determine the times
OF holding stated or regular meetings of the board
aud shall also, in like manner determine the manner
OF calling special meetings and the persons by whom
the same shall be called bu. until otherwise provided
by ordinance special meetings shall be called by the
nayor by causing notification to be left the usual
residence place of business of eh member of the
board or boards to be convened
SECTION Ia. After the organization of a city CO.
'yernment and the qualification of mayor and when
aquorum OF the board of aldermen shall be present
said board, the mayor presiding. shall proceed to
choose permanent chairman who, in the absence of
the mayor, shall preside at all meetings of the board
or al conve tons 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 con-
tnue TO have vote in the board but shall not have
the veto power. The board of aldermen in the alb
sence of the mayor and permanent chairman shall
choose president pro TEN. who shall exercise the
powers oi the permanent chairman.
SECTION Is. In addition to the seven wards the ,
several Islands within the city OF Portland are so far
constituted a separate ward enfe the le ya yo-
ters thereon to choose warden. ward cei k and one
constable, who shall be residents on said Islands
the Islands which majority of the qualified voters
residing on said islands may designate. and may on
DAYS OF election, vote at the place designated for
all officers named in the warrant caling the meeting
The warden shall preside at all meetings receive the
votes of all qualified electors present, whose names
the votes in open meeting and in the presence of the
clerk, who shall make list of the voted for
with the number of votes for each person and fair
record thereof in presence of the warden and in open