The Portland daily press., 1885-04-01

time, If such removal is not made by the company,
such person may make the removal, and recover
the cost thereof in an action of debt.
Section 5. The mayor and aldermen and select
men shall each receive, for services performed I'M
der this act, two dollars day.
Section 6. Either party aggrieved by the assess
ment of damages may, within twenty days after
the award, file in the office of the clerk of courts
for the county, copy. of the award, with reasons
of appeal, copy of which papers, attested by the
clerk shall be served on the adverse party at least
fourteen days before the term of the supreme ju-
diclal court for that county, to be holden next
entry the matter shall be determined bya jury, or
by the court by agreement of parties, in the same
manner as other civil causes. If the company is
the appellant, and the award is not decreased, the
costs shall be paid by the company; if the appi-
can't appeals, and the award is not increased, the
costs shall be paid by the applicant.
Section z. No enjoyment by any company, per-
son or association for any length of time, of the
privilege of having maintaining posts. wires or
apparatus, in, upon, over attached to any build
ing land of other persons shall give legal right
to the continued use of such enjoyment, or raise
any presumption of a grant thereof.
Section 8. When an injury is done to person
or to property by the posts, wires, or other appa-
ratus of any company, person, or association, men
toned in section one, such company, person, or
association shall be responsible in damages to the
person injured Ii the same be erected on a high
way or town way the city town shall not by
reason of anything contained in this act or done
hereunder be discharged from its liability but all
damages and costs recovered against city or town
ON account OF such injury shall be reimbursed by
the company, persons, associations owning such
posts, wires, or apparatus.
Section 8. Every corporation operating a tele-
phone line i'll this state shall, upon the application
or any other corporation operating telephone
llne allow to the corporation first making such APP
pllcaton, connection between such lines upon the
same rates as charged for the same distances upon
me nnes OF the corporations 80 connecting, and
with the same charges for of telephone
changes as establishe for the patrons of such
p0rations. Every corporation authorized by it's
charter to grant telephone privileges, including the
q n q
grant such privileges upon equal and uniform
terms and conditions.
Section 10. Section six of chapter one hundred
and twentyseven of the revised statutes is hereby
amended by adding after word telegraph the
words telephone or electric light line, SO that
said section, as amended, shall read as follows:
Section g. Whoever wilftllly or maliciOusly in
Jures, removes or destroys any dam, reservoir,
nal, trench, or their appurtenances, the gear
machinery of mill or mandatory; draws off the
water from mill pond, canal trench; destroys
Injuries any engine its apparatus for the extin
guishment OF fire. or any posts, glass caps, wires,
other material used in the construction and
operation of telegraph, telephone electric light
line; removes, Injuries, or destroys any public or
toll bridge, or places any obstruction such
bridge on any public road, with intent to iniure
persons or property passing thereon shall be pun
ished by imprisonment for not more than three
years or by fine not exceeding five hundred dollars
Section IL. Sections one, two and four of chap
ter fifty OF the revised statutes are hereby made
applicable to persons companies owning or using
telephone lines, wholly or partly in the state.
son maintaining or operating telephone or other
electrical line, any who in any manner afix-
causes to be affixed to the buildings, build
ing, of another any structure, fixture, wire, or
other apparatus, or enters upon the property of
another for the purpose of affiXing the same in
either case without the consent of the owner or
lawful agent OF the owner of such property shall
complaint Of such owner, or his tenant, be pun
iShed by fine not exceeding one hundred dollars.
Section IL. Such company, person or assoca-
ton may construct line upon or along any rail
road by the written permit of the person corpo-
ration operating such railroad but in case such
company cannot agree with the parties operating
such railroad, as to constructing lines along the
same, or as to the manner in which mes may be
constructed upon, along or across the same, either
party may apply to the railroad commissioners,
who, after notice to those interested, shall hear
and determine the matter and make their award
in relation thereto, which shall be binding upon
the parties. The expenses of the hearing shall be
paid by the company person or association seeking
to construct lines the railroad, except that if
the railroad commissioners shall find that pa ties
operating the railroad, have unreasonably refused
their consent, said parties shall pay the expenses
Approved March 6, 1885.
Chapter 359.
AN ACT to prevent incompetent persons from
conducting the business of apothecaries.
Be Ut enacted, ETC., as follows:
Section |. From and after the passage of this
act, it shall not be lawful for any person. within
the limits of the state to conduct the business of
an apothecary, or any part thereof, except here
matter provided
Section 2. The governor, under the advice and
consent OF the council, shall appoint three suitable
persons to be comm, SsOnerS of pharmacy, one
commissioner to be appointed as the term of each
Of those now holding Office shall expire, to hold
office for the term of three years, unless removed
for cause, and until a successor is appointed and
qualified. Ii a vacancy occurs in said commission
another shall be appointed as aforesaid to fill the
unexpired term thereof. Before entering on the
duties OF their office, the commissioners shall be
sworn to faithfully and impartially discharge the
same, and record shall be made thereof on their
commission
Section Said commissioners shall examina
any person who desires to carry the business of
an apothecary, and if he is found skilled III phar
macy, shall give him certificate of that fact and
that he is authorized to engage III the business of
anotha caEy. and such carti tcata must be Stoned