The Portland daily press., 1885-04-01
1886

nancal transactions in behalf of the town during
the municipal year Immediately preceding with
fu account of the receipts and disbursements DUR
ing that period, and to whom and for what pur-
pose each item of the same paid, with state
ment In detail of the Indebtedness and resources
of the town.
Section 2. Section one hundred and forty-one
OF chapter SIX of the revised statutes is amended
III line seven by inserting after the word ''marries''
the words 'the aforesaid notice is not requisite,
OuC, SO that said section, as amended, shall read
as follows:
ecutor or administrator, may after due notice,
In his own name for any tax, in action of debt,
and no trial justice or judge of any municipal or
police court before whom such suit is brought, is
incompetent to try the same by of his resi-
dence in the town assessing said tax. Where be-
fore suit the person taxed dies or removes to any
other town, parish place in the state, or being
an unmarried woman, marries, the aforesaid no.
tce is not requisite, but the plaintiff shall recover
no costs unless payment was demanded before suit.
Section 3. Section eight of chapter eighteen of
the revised statutes is amended in lines ten and
eleven by substituting for the words and issue ex-
ecutiOn for the damages recovered and with costs
70 the party prevailing In the appeal the words
for the damages recovered, judgment fol costs
in favor of the party entitled thereto, and shall
issue execution for the costs only. The same
section also further amended in line sixteen by
inserting after the word record the words and
order the damages therein recovered to be paid as
provided in section seven,' SO that said section as
amended, shall read as follows:
Section 8. Any person aggrieved by the esti-
mate Of damages by the county commissioners,
account of the laying out or disseminating of
way, may appeal therefrOm, at any time before the
Chlrd day OF the regular term succeeding that at
winch the commissioners return is made, to the
term OF the supreme judicial court first held in the
county where the land is situated, than thirty
days after the expiration of the time within which
such appeal may be taken excluding the first day of
its session, which court shall determine the same by
committee of reference if the parties agree or
by verdict or It's jury and shall render Judgment
for the damages recovered, and judgm Mt for costs
in favor of the party entitled thereto, and shall is
sue execution for the costs only. The appellant
IF hiC a1xyifh fba
missioners within the time above limited, and at
the first term of the court shall file a complaint
setting forth substantially the facts, upon which
the case shall be tried like other cases. The
clerk shall certify the final judgment of the court
to the county commissioners, who shall enter the
same of record, and order the damages therein
recovered to be paid as provided in section seven.
The party prevailing RECEIVERS costs to be taxed and
allowed by the court except that they shall not
be recovered by the party claiming damages, but
by the other party, if on such appeal by either par
ty, said claimant fails to greater sum as
damages than was allowed to him by the commits
siOners.'
Section 4. Section sixteen of chapter eighteen
OF the revised statutes IS amended in line five by
the words the return has been fled SO that
said section, as amended, shall read as follows:
Section Is. A written return Of their proceed
ings, containing the bounds and admeasurements
of the way, and the damages allowed to each per-
son for land taken, shall be made and filed with
the town clerk in all cases. The way is not estab
llShed until it has been accepted in town meet
ing legally called after the return has been fled
by warrant containing an article for the purpose
Section 5. Section eighteen of chapter eighteen
OF the revised statutes is amended so to read
follows:
Section 10. The damages for town way shall
be paid by the town; for private way, by those
for whose benefit it is stated in the petition to be-
wholly or partly by the town, if under an arti-
Gle In the warrant to that eff ct it votes at the
meeting accepting such private way; or by Cities
If it is proposed in the return laying out such way
Any person aggrieved by the estimate of such
damages may have them determined provided
in niO nv WRIT TNlain To
preme judicial court, returnable at the term there
of next to be held within the county where the
land les after sixty days from the date of the lay
ing out, alteration or discontinuance of such way
by the town. The complaint shall be served at
least thirty days before said term by delivering in
baud an attested copy to the clerk of the town
where the land lies, and by posting attested copies
in two public and conspicuous places within said
town and in the vicinity of the way. But the final
Judgment shall be recorded in said court and shall
not be certified to the county commissioners
Section 6. Section twenty-five of chapter eigh-
teen of the revised statutes is repealed.
Section Z. Section nineteen OF chapter eighteen
of the revised statutes il amended in the last line
but one, by substituting for the word and . the
words 9 as is provided in sections forty-nine to
ffty-one, Inclusive; and aIso that the last SEN
tence OF said section, as amended, shall read as
follows:
turned and recorded, such tenant or
other party interested, has the right to appeal
to the supreme judicial court as is provided in
sections fortynne to hfty-one, inclusive; and also
to have his damages estimated as provided in Sec
ton eight
Section 8. Section forty-four of chapter twenty
seven of the revised statutes is amended SO as to
read as follows:
Section A. All liquors and vessels declared
forfeited by any court under this chapter, SHALL by
order of theEourt rendering final Judgment there
on, be delivered TO the mayor and aldermen of any
city, selectmen of any town, and assessors of any
plantation to which they were forfeited. Said
officers shall examine such liquors, and if they
determine that any portions are tit to be sold for
medicinal mechanical or manufact uring purposes.
they shall deliver such portions to the agent of
their city, town or plantation, to be by sad agent
sold in accordance with this chapter If they fd
any portions of the same unfit for such uses, they