The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1889-03-20

The following decisions and rescripts have been
received from the Law Court The rescripts are
by Judge Haskell:
ANDRosCoGGIN COUNTY.
Henry r Dorman ct ais. petrs., VS.. City Coun-
Reecript-The City Council of Lewiston, unuer
the city charter, is authorized, IN the first in
stance, to refer petition for the location of
new street, III the usual course, to a committee
TO view the premises, hear the parties Interested
and determine aud report what it deems expedi.
Snt action IN the premises, for final consideration
Notice to all parties interested to appear before
s suen committee y notice to appear and be heard
The notice required by law for the LAYING out of
town ways Is the notice required by the charter Of
Lewiston Tor the laying out Of new streets.
An order of the City Council accepting the re-
port OF such committee and establishing a new
street according to the report, makes the adjudi-
Council. - ~
Ana Indication that public convenience and
neGessiues oi lhe city require the laying out of
new street, although neither In the exact phrase
OF the statue nor the city OF dinance Is the eouiy
allen; alent OF both. II means that the public conven-
way and Is sufficient.
Petition denied with costs.
Eliza G. Gore VS.. Frank Curtis.
Hescrtpt The ruling of the Chief Justice in ex-
Guiding the evidence offered by the defendant was
~ accord with the settled law of the State and
SHOULD not De overturned on exception.
Exceptions oyerruled.
FRANKLIN COUNTY.
Sumner French ct ais, VS.. Inhabitants of King
field "
Rescript-This action, as the case shows. is
lCunued upon an order issued under vote of the
defendant town as loan the plaintiffs in aid Of
private enterprise. 1t had no legislative au-
t thoriiy therefor; nor does Il come within any If
the purposes for which the town is authorized by
law 10 raise money or create debt. 1t therefore
needs the citation OF no authorities to show that
Ii Is immaterial that the order is in the hands
Of purchaser, even II purchased without a
Instrument even though payable 10 order Be-
Sides the faint is not mere irregularity in its is
sue, but Is in its origin and renders 1t utterly
Vold, so That no sale Can give 1t life.
Ihe subsequent votes of the town or the nav
nent ot interest can give 1t no vitality. They are
put acls In respect 10 it, which have no more all-
thOrlty or Dlnding force than the first vote.
Nor does the taking the note ana mortgage as
security have any effect upon it. If found TO be
town could look to the security for indemnity. If
Invalid the town Is not Injured and has no occa-
sion lor Indemnity, and the security is discharged
might require Am assignment TO the present hold
ers of the order.
Judgment for the defendants.
HANCOCK COUNTY.
Julia A. Farnham VS.. Nathaniel Hawes
Rescrtpt-We have carefully considered the
construction given by the presiding Justice TO the
deed In evidence and find no error thereiu Nor
alter weighing the evidence reported can we dis,
warrants our interference with the verdict.
Inc witnesses we're mum rous. The trial ap-
pears TO have been fair one aud no good reason
suit w
Motion and exceptions oyerruled.
LINCOLN COUNTY.
State of Maine vs. BENJAMIN Dodge
ReScrtpt--An act prohibited by Statute on GER
tam particular days only must be charged In an
indictment as having been committed on one Of
tnose particular days, else no Offence is set out
Exceptions sustained; motion sustained; judg-