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


ence require such street way be ad out altered
or discontinued; and shall make a written return Of
their proceedings, signed by majority ofthem con-
tanning the bounds and descriptions of the street or
way II 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 the city
clerks Office at least days previous to its accep
| tance by the city council The street or way shall
not be altered or established until the report Il ar
ceptcd by the city council, and the report shall not
be altered amended before its acceptance street
or way shall not be discontinued by the city council
except upon the report OF said committee The COM
mitee shall estimate and report the dana ges suan
cd by the of the lands adjoining that portion
OF the street way which is discontinued: their
report shall be filed with the city clerk seven DAYS Al
least before its acceptance Any person aggrieyed
by the decision judgment of the city council
tablishing, altering or discontinuing streets NAV So
Tar as relates to damages, appeal theefr to thy
next court having jurisdiction thereof in the county
ofCumberland which court shall determine the same
by committee of reference nader rule of court if
the parties agree, BY verdict of its jury, and
shall render Judgment and issue execution ior the
damages recovered with costs TO the party prevailing
in the appeal. such appeal shall be made TO the
of the Supreme Judicial Court. which shall first be
holden in the county of Cumberland than thirty
days from and after the Is finally established
altered or discontinued, excluding the day of CON-
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,
nle complaint setting forth substantially the facts of
the case. On the trial, exceptions may be taken
the ruling of the court, as in other cases. Gotten
ants who appellants shall join in their appeal
shall not their costs If street or way is
discontinued before the damages are paid or recoy-
cred for the land taken, the land owner shall be
entitled to recover such damages but the committee,
in their report discontnuing 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 II appeal has
been regularly taken the appellant shall his
costs The city shall not be compelled construct
or open any street or thus hereafter established.
until in the opinion of the city council the public good
requires il to be done nor shall the city interfere with
the possession of the aud taken by removing there
from materials ohe rwise uatil they decide To open
and construct said street. The city council NAV reg
uate the beghth and width of sidewalks in any pub
lie square place streets lanes alleys In said city;
aud may authorize posts and trees to be placed along
the edge ofsaid sidewalks Nor sialthe city be
wefabe for damages occasioned by telegraph poles
and wires erected in its streets.
SECTION 10. The mayor such terms and
conditions he may think proper. authorize aud
power any person or corporation TO place in any
street for such time be any materi-
ais for making or repairing any street, sidewalk
walk, bridge, waterconrse drain for erecting.
repairing or finishing any building fences for
laying or repairing gas or water pipes oided 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 az aforesaid shall
not be considered an ineumbrance or nuisance in
such street; and the city, shall not be liable any
person Tor any damages occasioned By such ma
SECTION H. The CITY shall remain divided into
seven wards; andi shall be the duty of the city coun
Gill; once in ten years ofiener tn revise and If be
needful to alter such wards in such pre-
serve as nearly as may be- an equal number of votes
in each In each of said wards, at the annual mu-
nicpal election there shal be chosen by ballot 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 aud qualified iu
their places. Said warden and clerk shall be sworn
for affirmed to the faithful performance of their re-
spectve duties by any justice of the peace of the
city: and a certificate Of such oaths or affrmations
having been administered shall be entered by the
clerk on the records of the ward The warden shall
preside at all ward meetings with the powers Of mod
orators of town meetings. If at any meeting the
warden shall not be present shall refuse TO pre-
side the clerk of such ward shall call the meeting to
order and preside until warden pro tenn shall be
chosen. III both are absent, shall refuse 10 act
warden and clerk pro TEN. shall be chosen. The
clerk shall record all proceedings and certify the
vote given and deliver over to his in Office
all such records aud Journals together with all other
documents and papers held by him In said capacity.
The voters of each ward may choose ten persons to
assist the warden in receiving sorting and counting
the votes. All regular ward meetings shall be noti-
fed and called by warrant from the mayor and alder
state for notifying and calling town meetings BY the
seiectmen of the several towns.
SECTION II. The msvor shall be elected by the in
habants OF the city sotng an their respective wards
One alderman, three common conneilmen, a warden
and clerk, and two constables shall be elected By
each ward being resident In the ward where elected
All said officers shall be elected by ballot. BY ma
jority of the votes given: and shall hold their Offices
one year from the second Monday in March and
Ill others shall be elected qua fed in their places
All city aud ward officers shall be held TO discharge
the duties of the Office TO which they have been re.
spectvely elected Notwithstanding their removal a
ter their election out of their respective wards into
any other wards in the city but they shall be
hVH aisSt sutt taAch UP shch permanent fesl-
dence of the city.
SECTION IL ON the first Monday in March annu-
ally, the qualified electors of each ward shall ballot
for mayor. one alderman, three common councilmen.
warden and clerk and two constables on one bal.
lot. The ward clerk within twen;yfonr hours after
such election. shall deliver to the persons elected
uhcacs of their election and shall forthwith deliver
to the city clerk certified copy of the record Of such
election. plain aud intellixbe abstract of which
shall be entered by the O. clerk the city records
III the choice OF such officers i not effected
taat day the meeting shall be adjourned 10 another
day fh.raa Asa
such election. and may adjourn from time 10 time
until the election Is completed The board of alder
men shall, as soon as conveniently may be. examine
the copies OF the records Of the several wards cer
fed aforesaid and shall cause the person who shall
have been elected mayor by majority of the votes
given in all the wards to be notified in writing of his
election But il il shall appear that no person shall
have been SO elected or IL the person elected shall re-
fuse &c accept the Office the said boards shall issue
their warrants for another election; and in the
citizens shall fail second ballot to elect mayor
the city council in convention shall. from the four
highest candidates voted for the second election
and returned elect mayor for the ensuing year;
and in case Of a vacancy in the office of mayor by
DEATH resignation otherwise. il shall be filled for
the remainder of the term BY election in the
manner hereinafter provided for the choice of said
officer. The oath or affirmation prescribed by this
act shall be administered 10 the mayor BY the city
clerk any justice of the peace in said city The al
dermen and common councilmen elect shall on the
second Mondas in March. at ten O'Clock ia the fore
noon, meet in convention, when the oath atirma-
on required by the second section of this act shall
be administered to the members OF the two boards
present, by the mayor justice of the peace az
ter which the board of common council shall be
ganized by the election of president and clerk The
city council shall by ordinahce determine the times
of holding stated regular meetings of the board,
aud shall also, in like manner, determine the manner
of calling special meetings aud the persons by whom
the same shall be called ba: until othe wise provided
by ordinance, special meetings shall be called BY the
mayor by causing notification be len the usual
residence place OF business of n member of the
board boards to be convened
SECTION IL After the organization of a city go-
vernment and the qualification of or. and when
quorum 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 may shall preside al all meetings of the board,
nj tons Of the two boards, and ia 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 such vacancy shall remain; he shall con-
tinue have a vote in the board. but shall not have
the veto power. The board of aldermen in the alb
senee of the mayor and permanen chairman shall
choose president pro TEN. who shall exercise the
powers of the permanent chairman.
SECTION Is. In addition to the seven wards, the
several islands within the city of Portland
constituted separate ward TO enttle the legal
tiers thereon TO choose warden. ward clerk aud one
constable, who shall be residents said islands.
the Islands which majority of the qualified voters
residing said islands may des gnate and NAV, on
the days of election vote the place designated for
all officers named in the warrant calling the meeting.
The warden shall preside at all meetings receive
votes of all qualified electors present whose names
the votes in open meeting and in the presence of the
clerk, who shall make a list of the persons voted for
with the number of votes for each person and fair
record thereof in presence of the warden and in open
meeting aud copy OF the list shall be attested by
the warden aud clerk, sealed in open meeting aud
delivered the clerk of ward number one within
eighteen hours after the close of the polls become
part of the record of said ward, and all thus