The Portland daily press., 1863-04-06

purchase ana take IN the name OF the city real and
personal property for municipal purposes to an
amount not exceedingly hundred thousand dollars
In addition to that now held by the city. And SHALL
as often as once year, to be published for the
information of the inhabitants, particular account
ofreceipts aud expenditures and schedule of city
property.
SECTION 8. The assessors shall continue to be
elected on the second Monday in March. Atthe first
election thereof under this act three persons shall be
elected assessors, one of whom shall be elected for
one year one for two years, and for three years.
and at each subsequent election assessor shall be
elected Tor three years each of whom shall continue
in office until some other person shall have been cct
ed and qualified in his place The city council shall
it shall be to furnish the with all the
sars information relative to persons and property
taxable in his ward; he shall be affirmed TO
the faithful performance of his du'y. All taxes shall
be assessed apporioDed and collected in the
prescribed by the laws of this state relative
taxes. except as herein modified; and the city coun
Gil may establish further additional prov visons for
the collection thereof and of interest thereon There
shall be elected at the first election of subordinate Of
cer., under this act. in March, twelve persons for
overseers of the poor and workhouse, four Of whom
shall be elected for one year four for two years and
four for three years. and all subsequent annual elec-
tions, shall be for the term of three years.
SECTIONS; The city. council shall have exclusive
authority to Jay out widen otherwise alter, dis
continue any and all streets or public ways in the
city of Portland without petition therefor. and
lar as ext eme low water mark, and to estimate all
damages sustained by the owners Of land taken far
thatpurpose but all locations below high water mark
shall be subject to the provisions of the laws relating
10 the commissioners of Portland harbor A joint
standing committee of the two boards shall be ap
pointed, whose duty it shall be lay out alter wi.
den or discontinue any street way in said city,
first giving notice of the time and place OF their pro.
ceedngs to all parties interested BY advertisement
in two daily papers printed in Portland for week
at least previous TO the time appointed. The commit
tee shall first hear all parties interested and then
determine and adjudge whether the pubic conven-
fence require such street way to be laid out altered
or discontinued; and shall make written return of
their proceedings signed by majority of them
way. laid out or altered aud the names Of the own.
ers OF the land taken, when known, and the damages
allowed therefor the return shall be fed in the city
clerks Office at least seven days previous to its accep
tance by the city council. The street way shall
not be altered or established until the report is ac-
cepted 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
mittee shall estimate and report the damages sustain
ed by the owners ofthe lands adjoining that portion
OF the street or way which is discontinued their
report shall be filed with the city clerk days at
least before its acceptance. ANY person aggrieyed
by the decision or judgment of the city council in
far ~ reIases 10 dsmaseo a,naa, may $50 80
next court having jurisdiction thereof in the county
ofCumberland which court shall determine the same
by committee of reference under rule of court, il
the parties agree. or by verdict of its jury. and
shall render Judgment and issne 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 comfy of Cumberland more than thirty
days from aud after the street is 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 least before
the session of the court and shall at the first term
file complaint setting forth substantially the facts OF
the ON the trial, exceptions NAV be taken TO
the ruling of the court, in other cases. Gotten
ants who are appellants shall join in their appeal
shall not recover their costs If street or way is
discontinued before the damages are paid or recov-
cred for the land taken the land shall not be
entitled TO recover such damages but the committee
In their report dscontinung the same shall estimate
and include all the damages sustained by tho land
owner, including those caused BY the original loca-
ton of the Streets and in such il appeal has
been regularly taken, the appellant shall recover his
costs The city shall not be compelled TO construct
or open any street way thus hereafter established
until in the opinion Of the city council the public good
requires to be done shall the city interfere with
the possession of the and taken by removing there
from materials otherwise, until they decide 10 open
and construct said street The city council NAV reg
ulate the heghth and width of sidewalks in any pub
lie square. place. Streets lanes. alleys In said city
aud may authorize posts aud be placed along
the edge OF said sidewalks Nor shall the city be
werable for damages occasoned by telegraph 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-
time Necessary y'sns ans nm any
ais for making repairing any street. sidewalk cross
walk, bridge, watercourse or drain for erecting.
repairing or finishing any building fences for
laying Or repairing gas or water pipes provided that
shall be so occupied. And such material placed
by virtue of any license obtained aforesaid shall
not be considered an incumbrance or nuisance in
such street; and the city. shall not be Liable any
person for any damages occasioued by such ma
ferials.
SECTION II. The city shall remain divided into
seven wards and shall be the duty of the city
Gill; once in ten years or oftener TO revise and If be
neednl to alter such wards, in such manner pre-
serve, nearly may be, equal number OF votes
in each. In each of said wards. at the annual mu.
ncipal election there shall 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 and qualified in
their places. Said warden and clerk shall be sworn
for affirmed to the faithful performance of their re-
spectiye duties by any justice of the peace Of the
having been administered. shall be entered by the
clerk 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
order and preside until warden pro TEN. shall be
chosen II both are absent, shall refuse to act,
warden and clerk pro TEN. shall be chosen. The
clerk shall record all proceedings. and certify the
given and deliver over TO his successor 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 NAV choose ten persons 10
assist the warden In receiving sorting and counting
the votes All regular ward meetings shall be noti
fled and called by warrant from the and alder.
men, in the manner prescribed by the laws of this
state for notifying and calling meetings by the
selectmen Of the several towns.
SECTION IL The p,syor shall be elected by the in
habtapts Of the city voting in their respective wards
One alderman, three common councilmen, 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 a
jority OF the votes given and shall hold their Offices
one year from the second Monday in March. and un.
til others shall be elected and in their places
All city and ward officers shall be held 10 discharge
the duties of the office to which they have been re-
spectivey elected. Notwithstanding their removal sf-
ter their election out Of their respective wards into
any other wards in the city but they shall be
held affer they have taken up their permanent resi-
dence out 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 aud clerk aud two constables ON one bal
lot. The ward clerk. within twenty -four hours after
such election shall deliver the elected
tifcates of their election and shall forthwith deliver
to the city clerk certified copy of the record Of such
election. plain aud inteigible abstract of which
shall be entered by the city clerk the city records.
II the choice of any such officers Is not effected on
that day, the meeting shall be adjourned to another
day. mot more than two DAYS thcreaerl 10 complete
such election and may so adjourn from time 10 time,
until the election is completed; The board of alder
the copies of the records of the several wards cert
fed aforesaid. and shall 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 If 1t shall appear that no person shall
have been elected. If the person elected shall
fuse te 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 at the second election
and returned. elect a mayor for the ensuing year;
and in of a vacancy in the office of mayor by
death, resignation otherwise II shall be filled for
the remainder of the term BY new election in the
manner hereinafter provided for the choice Of said
officer. The oath or affirmation prescribed by this
act shall be administered to the MAYOR by the city
clerk any justice of the peace in said city The al
dermen and common councilmen elect shall on the
noon, meet in convention, when the oath or airma-
tion required BY the second section of this shall