The Portland daily press., 1881-05-07
PUBLIC LAWS OF THE STATE OF MAINE.

be recorded in the registry of deeds of the district
in which the estate is, within thirty days after pos
session obtained
SECT. 8. Section seven of the same chapter is
hereby amended by striking out the words the pos
session of the premises for breach of the condition
of the mortgage, in the fifth and sixth lines and
inserting instead thereof the words possession and
that the condition was broken when the action was
matter mentioned, :" in the seventh line; also by
striking the last two lines and inserting instead
thereof the words 'or that the owner of the mort
gage proceeded for foreclosure, cOnfOrmably to
tOns five and six, before the suit was commenced
the plaintiff not conaenting to such judgment; and
unless such judgment be awarded judgment shall
be entered as at common law; so that said section
as amended shall read as follows:
'SBcr Z. The MORTGAGE, or person claiming
under him, in action for possession, may declare
on his own seiZin, in writ of entry without naming
the mortgage or assignment; and if it appears on
plaintiff is entitled to possession and that the condi
ton broken when the action commenced,
thd court SHALL motion of either party award the
conditional judgment unless it appears that the ten
ant is not the morgager or person claiming under
him, or that the owner OF the mortgage proceeded for
foreclosure conformably to sections i've and six be-
fore the suit was commenced, the plaintiff not con-
senting to such judgment; and unless such judgment
be awarded, judgment shall be entered as at COM
mon law [Approved March 49, 1881
AN ACT to prevent Railroad Accidents.
Be 1T enacted, &c., as follows:
Any person, other than servant or employe of
the road or passenger holding ticket for pas
over
who shal get upon or leave any steam engine, ten
DER at any place outside Of railroad station,
while such engine, tender car is in motion, shall
be punished by imprisonment not exceeding thirty
days, or by fine not exceeding ten dollars. The
provisions of this act shall affect the liability of
any railroad corporation for injuries damages
caused by the fault negligence of the corporation
| or its servants. approved March II, 1881
Chapter So.
AN ACT to abolish the December term of the
Supreme Judicial Court in the County Of Oxford
Be 1t enacted, de-, as follows:
The term Of the %pS ne Judicial court re-
the first Tuesday of December annually, is hereby
| abolished. approved March II, 1891
Chapter 81.
AN ACT relating to Congressional vacancies,
Be 1t enacted, de-, as follows:
SECT. L.. Whenever vacancy shall occur in the
representation of this state in the national house of
representatives, the governor, having knowledge in
any manner Of such vacancy, shall issue his prOcla-
congress is in session when such vacancy occurs,
this proclamation shall be issued forthwith, and in
case congress is not in session when such vacancy
| occurs, such proclamation shall issue in season to
secure representation at the next called regular
session OF congress.
| SECT @ It shall be the duty of the clerk of
each town, within twenty four hours after the close
the polls to deposit the returns of the votes
at such special election, post paid directed to the
governor and council shall meet seven days after
such election, and open and canvass such returns,
shall receive certified copies of the record Of any
town in case the return from such town is lost, is
uOC received ny Cu0 secretary OF SCaCe Inc COVER
shall Immediately issue certificate of election
to such person is thus declared to have received
a plurality OF votes
| [Approved March II, 1881
Chapter SO.
AN ACT to amend section nine of chapter ninety
| two of the Revised Statutes, relating to damage
| for fowage.
Be 1T enacted de-, as follows:
| SECT /. Section nine of chapter ninety-two of the
revised statutes is hereby amended by adding at the
end thereof the following words 'And said commits
soners shall also ascertain, determine and report
what sum in gross would be a just and reasonable
compensation for all the damages if any, occasioned
by the use of such dam, and for the right of MAIN
tanning and using the forever, estimated accord
ing to the height of the dam and ash-boards then
existing; and within ten days after said report is
presented to the court, the owners of said dam or
mills shall elect to pay the damages in gross, the
court, where the judgment is entered, shall fix the
time in which said damages shall be paid, and if not
paid within that time the owners of the dam mills
shall lose all benefit of their election, and the annual
damages shall stand as the judgment of the court
and except herein provided all proceedings shall
be in conformity with the other provisions of said
chapter
| SECT. g. If the damages in gross are paid within
the time fixed, the judgment shall be a bar to any
further complaint long as the dam and
remain at the height but thereafter either is
raised, new complaint may be made by the owner
ofthe lands flowed tor any additional damages caused
thereby, and the proceedings in said new complaint