The Portland daily press., 1881-05-07
1881

they may agree upon unless the prOprietors do the
same in such time and manner as the commission
ers shall direct.
SECT 6. They shall apportion the whole charge
and expense of the improvements, and of executing
the commission among the proprietors of the lands,
having regard to the quantity, quality, and situa
ton OF each prOpretors part thereof and the bene
dt that he will derive from the improvements, and
shall assess the same upon the prOpriet0rs.
SECT. Z. They may appoint a collector of the
moneys assessed, and shall give him warrant to
collect pay over and account for the same, such
person as they may appoint. The collector shall
have the same power, and proceed in like manner
in collecting the assessment, as provided for collect
SECT. s. If the collector neglects for twenty days
after being thereto required by the commissioners to
account for, and pay over the money he has collect
ed, he shall be liable to pay to the commissioners
the whole amount committed to him for collection
to be recovered by them in action therefor; and
the money recovered, after deductng the expense
of recovery, shall be applied and counted for by
the commissioners as if it had been collected and
paid over by the collector, pursuant to his warrant
pensation for his services may be agreed upon be-
tween him and the commissioners; and the commits.
soners shall be allowed such compensation for their
services as may be ordered by the court.
SECT. 10. The commissioners shall, as soon as
may be after the completion Of the business, make
return to the court of their doings under the
mission, including account of all money assessed
and collected by their order, and of the disburse-
SECT. II. When it appears to the commissioners
that part of the land is held by tenant tor life or
years, they shall determine how much of the sum an.
portioned on that part of the premises shall be paid
by such tenant and how much by the landlord OF re-
versioner; and shall assess the accordingly
less the parties concerned agree to apportion-
ment; and every such tenant, landlord and rever-
sioner shall be considered a proprietor.
SECT. ~: II any part OF the land is mortgaged,
the mortgagOr mortgage, in possession, shall be
| considered as the proprietor and all sums paid by
the mortgage by order Of the commissioners, shall
be allowed to him as sums paid by him for improve
ments, are by law to be allowed.
SECT. Is. When the commissioners find it neces-
sary or expedient to reduce or raise the water for
| a w n fhn nrnr
| for more convenient or expeditions removal Of OBJ
structons, they may open the flood gates of mill,
the dam thereof erect temporary dam on the
land OF any person not party to the proceedings,
and may maintain such dam or passages for taSs
water as long as may be necessary Tor the purposes
aforesaid.
SECT. Il. All damages thus occasioned shall be
estimated and determined by the commissioners,
unless agreed upon between them and the parties
concerned; and shall be paid by the commissioners
out of the money to be assessed and collected by
SECT. Is. If any person, whether party to the
proceedings or otherwise interested therein affect
mssloners, he may appeal to the court at any time
after their appointment, and before the end of the
term next following that, at which the return is
made.
SECT. Is. The court, upon such appeal, may af-
firm, reverse or alter any adjudication order of
the commissioners, and make such order therein as
law and justice require. All questions of fact ars-
ing upon the hearing of the appeal shall, motion
Of either party be tried by jury in such
SECT. II. The commissioners, before proceeding
to open oodgates, make other passages for water
through or around any dam, to erect a dam on
the land OF any person not party to the proceed
ings, shall give him seasonable notice in writing Of
their intention, to enable him to appear before them
and object thereto; and if he appeals from their de-
termination, and gives notice in writing of his APP
peal to the commissioners any of them they shall
suspend all proceedings upon his land until the APP
peal is determined; provided that the appeal be
tered at the court held next after the expiration of
seven days from the time Of claiming the same.
SECT. IL. Any person aggrieved by any opinion
direction or Judgment of the court in any matter of
law, may alege exceptions thereto, which shall be
reduced to writing; and when found to be true and
not deemed frivolous, shall be signed by the presid-
ing judge, and thereupOn the questions of law aris
ing therein shall be determined as in other actions
SECT. 49,. After dams, dikes and removal of OBJ.
structions shall have been completed in pursuance to
the provisions of this act, repairs thereon may be
made on petition, and similar proceedings required
for the construction of the original improvene nts
but such repairs shall be made at the expense of such
propretors only as occupy their lands, take crops
therefrOm, and are actually benefited by such i'm
provements.
Approved March 1e, 1881
Chapter rs.
AN ACT relating to the criminal jurisdiction Of the
Superior Court for the County of Kennebec
Be it enacted de-, as follows:
SECT. l. The jurisdiction in all criminal matters
conferred on up on the superior court, within and
tor the county of Kennebec, by the provisions of
chapter ten of the public laws of the year eighteen
hundred and seventy-eght is hereby restored, and
said superior court on and after the passage of this
act shall have and exercise jurisdiction in all crmi
nal matters in said county of Kennebec
SECT. Q. ALI acts and parts of acts moons istent
hnro with oroh or nhxyro loH