Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1879-03-20
CAApler l37.


Be ii enacted, &c as follows:
SIC. |. When the owners Of mills carried by the
water ola stream. or the owners of water power for
operating mills, find or apprehend that the neces
sary head of water for working reservoir pur-
poses, cannot be obtained, when their existing
rights In respect to the same cannot be exercised
without over flowing some highways or townways,
they may petition the county commissioners for
permission to raise said ways and enlarge the
water vent thereof Such commissioners shall APP
point time and place for hearing the petition,
and give notice thereof to all parties interested,
provided in section two of chapter eighteen of the
revised statutes, and such notice may be proved
In the manner provided in said section
SEC: 2 On the day appointed, they shall meet,
examine the premises described in the petition,
and hear the parties present, and thereupon they
shall determine whether said ways shall he raised
and the water vents enlarged, and to what extent
and prescribe the manner in which it shall be DONE
and what portion of the expenses thereof and the
costs OF the hearing shall be borne by the petit
TONERS, and what portion, if any, by the town
where the way is located.
SEC. 3. If the decision is in favor of the petit
TONERS, said commissioners shall direct the town.
IN writing to make the alterations prescribed and
fix the time within which the same shall he done
and II not done within the time liked, the same may
be done by the petitioners, and whether done by
the town or by the petitioners, 1t shall be done in
faithful manner and to the acceptance of the
commissioners ami whichever party shall make
said alterations shall have a claim upon the other
party ior The proportion fixed by the commissioners
LOT sald other party TO pay, and if the is not
paid within thirty Gays alter its approval by said
commissioners and demand therefor, 1t may be
recovered in an action on the case.
SEC. 1: If the decision Of the county COMMITS
soners is against the petitioners, they shall pay
before county commissioners.
SEC. d ANY party aggrieved by the decision of
SAID commissioners. may appeal therefrom in the
same manner and subject to the same conditions as
is provided in case of hi ghways.
Sc. g. Nothing in this act shall be construed to
affect any right OF howa re or damage therefor
(APproved March |, 1879
Chapter l3s.
AN ACT to provide process for the removal of
unworthy Attorneys
be I! enacted, &C. as follows:
SEC. !. Whenever an information shall he fl led
IN the clerks Office OF the supreme judicial court in
any county, ny the attorney general, by a com
mttee oil the bar OF such county, charging that any
attorney at law has become and is disqualified for
the Office of attorney aud counselor at law in the
courts oil this state tor specified in the in
formation, any justice of said court, term time
orln vacation, may issue, in the name of the state
rule requiring the attorney informed against, to
Should not be struck from the roll of attorneys
"hch RUE, with an attested copy of the nforma-
tloh, snail he served upon such attorney in such
manner as the justice shall direct at least fourteen
Gays before the return day. and shall be made re-
turnatle either in the county where such attorney
resides or where it is charged that the misconduct
was committed
SEC :. If the attorney on whom such service has
oeen made shall, on or seore said return day file
IN the clerks office sf said court in said county of
aenial OF the charges specified in the
formation, the information stall thereupon stand
upon the docket OF said court, for hearing Mt the
next term thereof, in said county, by the Justice
be
pronounced either by the state or by the respondent
PEG. g. III such attorney fails to file his denial as
Aforesaid the facts set forth in the information shall
be taken as confessed and if the justice presiding
snail ma that the facts confessed are sufficient 10
disqualiiy the respondent from holding the office of
attorney and counselor at law in case of denial
the justice shall upon hearing find that any of the
charges specified are true and that the acts proved
are sufficient to dsquaify the respondent as afore
sad, he shall give Judgment accordingly and shall
enter decree that the respondent be removed from
the oce Of attorney and counselor at law in all the
courts OF this state and that his be struck
from he roll OF attorneys.
SEC. l. The judgment of such Justice shall be
anal unless the respondent shall within one week
and before the adjournment of said term file his
appeal therefrom to the law court by entering his
claim therefor upon the docket.
SEC. .: Such appeal shall be heard upon printed
copies OF the case furnished by the respondent at
case is not argued, it shall be decided upon the
record and if the respondent fails to enter his ap-
peal with the printed copies of the case durin. the
first three days of said law term the counsel for the
prosecution shall enter the appeal with an attested
a ind md ,-ba