The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-01-16

the city Of Portland for the payment OF the
salary Of the city marshal, an office created
Dy the charter of the city, with duties defned
by ordinances Of the city which have, OF
course, I,d tae erect OF law; am Of opinion,
OF Portland is only liable for the payment of
one salary Of one officer for the performance
of the duties of the same Office at the same
time; so that you Will determine whether
Mr.. Deeelle actually entered upon his duties
as marshal of the city of Portland. do not
know that 1t is cOntroverted that he entered
upon his duties as marshal on May Is, 1884,
claiming to be lawfully and properly author
fized, and to have right to the salary. 1t is
agreed by all parties in interest that the
amount of the salary due at that time was
$160. The plaintiff is entitled to recover that
sum of S160 in addition to the S27.96, and he
is also entitled to recover interest upon II
from the date that he demanded payment Of
the same. l understand that it is agreed, but
you will determine, that the first demand for
payment was made May s, 1885. SO If demand
was first made on May s, 1885, for that por-
ton of his salary, then, gentlemen, you VIII
include the $16O as well as the $27.96, with
interest from May s, 1885.
There is one other question for you to de-
termine, and that is whether Mr.. Decelle ae-
tually performed the duties Of Marshal after
May 14th and up to the 7th of March follow
ing, and whether or not the entire salary has
been paid which pertains to the Office for
that period. If it has, then | instruct you
this plaintiff cannot recover the same in this
action. lie Is entitled to recover the salary
which had been appropriated to the Office of
City Marshal of the City of Portland from
April 1st or March 31st, 1884, to March 7th,
1885, less the amount thereof which was paid
by the City Treasurer to Mr.. Decelle for SER
vices actually performed during that time
Those are the facts which you must deter
mine. do not know that there is any dis
pute about them, but | submit them to you
have prepared a blank verdict including
fOppfl-
er with interest from May s. 1885, and If you
find, under the instructions which have
given you, those sums are the only ones
which the plaintiff is entitled to recover, 1t
will only be necessary for you to sign that
verdict, but if you find that there remains
any portion of the salary between May IA,
| 1884, and March Z, 1885, that has not been
paid to Mr.. Decelle, then Mr.. Andrews is en-
| titled to recover the same. So / give you
| two verdicts, blank verdict, which, If the
evidence shows you that there is any part of
that salary remaining of which have just
spoken you can add the sums of $16O and
$27,96. If not, you will simply find for the
plaintiff for the sums of $3.50 and $27.96 and
interest, the interest | have had computed
for you
have also prepared some questions which
desire you to answer, the answers to which
l have written in, the parties having agreed
to them By taking your special verdict up
on these matters, a record is presented,
| whereby the plaintiff, if l have erred In de-
termlnIng what amount ne is enIlLleu 10 re-
cover, may have the Law Court determine
| what the verdict should be.
The jury retired at o'clock, and at half
past came in to have read to them portion
of the testimony of Mr.. Decelle, in which he
stated the amount of money which he had
received from the city while City Marshal.
| AT 7.2O p. M, the jury came in and returned
| verdict for the plaintiff for S195.7O.
The following were the special questions
submitted to the jury, and the answers re-
| turned:
First-What portion of the salary pertain
| ing to the office of City Marshal from the
| 14th of May, 1884, to March 7th 1885, re-
mains unpaid to the plaintiff? Answer
| $1,055.37.
Second-How much did the plaintiff earn
| by his personal labor during that time from
other sources? Answer-S49500.
Third-When did the plaintiff first demand
payment of the sums sued for in his writ?
Answer-May 8, 1885.