Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1881-05-05


be recorded in the registry of deeds of the district
in which the estate is within thirty days after pos
session obtained
SECT, g. 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
commenced also by sticking out the words here
matter mentioned" in the seventh line; also by
striking out 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 consenting to such Judgment aud
unless such judgment be awarded, judgment shall
be entered as at common law; so that said section
as amended shall read IA follows:
SECT: 4 The MORTGAGE, or person claiming
under him. in action for possession, may declare
on his own seizn, In writ of entry without naming
the mortgage or assignment and if it appears
default demurrer, verdict otherwise that the
plaintiff is entitled to possession and that the cond
ton was broken when the action commenced
thd court shall motion of either party award the
conditional Judgment unless ii appears that the teri
ant Is not the morgager or person claiming under
him, that the of the mortgage proceeded for
foreclosure contormably to sections five 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 16 $751;
Chapter 81.
AN ACT to prevent Railroad Accidents.
Be il enacted, dc. as follows:
Any person, other than a servant or elnploye of
the road, or passenger holding ticket for pas
sage over the road, or mail agents expressmen,
der or car at place outside of railroad station
while such engine tender or car Il in motion, shall
be punished by imprisonment not exceeding thirty
days, or by nae not exceeding ten dollars. The
provisions of this act shall not affect the iab ty of
any railroad corporation for injuries or damages
caused by the fault negligence of the corporation
or its servants. tApproved March l., 1871
Chapter Sc.
AN ACT to abolish the December term of the
supreme Judicial Court in the County OF Oxford
BE IL enacted, &c, as follows:
The term OF the supreme judicial court now re-
On hy IN Ia h.ai6 Ft
the first Tuesday of December annually, is hereby
abolished. tApproged March L., l8Sll
Chapter -.
AN ACT relating to Congressional vacancies,
BE Il eRacted &c, as follows
SECT l. Whenever vacancy shall occur in the
of this state in the national house of
representatives, the governor, having knowledge In
any manner of such vacancy shall issue his procla
nation for election to ill such vacancy In ca.r
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 10
secure representation at the next called regular
session of congress.
SECT 2 1t shall be the duty of the clerk of
each town, within twentytour hours after the close
OF the polls to deposit the of the votes cast
at such special election, post paid directed to the
secretary OF state to be transmitted by mail. The
governor and council shall meet seven DAYS after
such election, and open and canvass such returns,
and declare the result. The governor and council
shall receive certified copies of the record of any
town in the return from such town lost, or i
not received by the secretary OF state. The COVER
nor shall Immediately issue a certificate of election
to such person is thus declared to have received
a plurality OF votes
tAppr0ved March l., 18Sl.l
Chapter -.
AN ACT to amend section nine of chapter ninety
two of the Revised Statutes, relating to damage
for fowage.
BE enacted, &c, as follows
SECT. |. Section nine of chapter nincty-two of the
revised satute' il hereby amended, by adding the
end thereof the following words: And said commits
sioners shall also ascertain, determine and report
what sum in gross would be a just and reasonable
compensation all the damages if any oc asioned
by the use of such dam, and for the right of main
tanning and using the same forever, estimated accord
ing to the height Of the dam and ashboards a. then
existing and if 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 or mills
shall lose all benefit OF their election and the annual
damages shall stand the judgment of the court
and except IA herein provided, all proceedings shall
be in conformity with the other provisions of said
chapter
SECT. ,. If the damages in gross are paid within
the time fixed the judgment shall be a bar TO any
further complaint so long the dam and ashboar,is
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