Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1891-12-03


| To the Honorable Justices of the Supreme Judi
cial Court in vacation.
The petition of the City Of Ellsworth against the
County Commissioners for the County of Hancock
| Your petitioners complain that the said County
Commissioners at the October Term, A. ID. 1881
and while in regular session In their rooms in the
| Court house for Hancock County received a Pc
| tit,on which reads as follows -
| ITO the Honorable. the Court OF County Com
| missioners for the County of Hancock, next to
! be holden at Ellsworth within and for the said
| County of Hancock. State of Maine, the
second Tuesday of October. A. d. 1891.
QUMBLY shows the undersigned inhabitants of
IL Ellsworth, County of Hancock, State of
Maine and who are owners of cultivated lands in
| said Ellsworth, and responsible persons, that the
| bridge over the outlet OF Hranch Pond on the road
| leading from the old Bangor road SO called to the
| house of Vinal +. Hooper, said bridge being near
the aw,mill of said Hooper, is dangerous and out
| OF repair, that 1t Is Unsafe and inconyenent for
| travellers, horses, teams and carriages and in
| consequence said way is dangerous. unsafe and
| announcement AS aforesaid; that said bridge am,
way Is within the limits of the said City OF Ellis
worth; that said City of Ellsworth Is liable to
maintain said way and bridge and to keep 1t in
repair as aforesaid that the municipal officers of
, said Ellsworth have had five da s. actual notice
and know ledge of the defective condition Of said
| bridge and way; that said Ellsworth and said
Municipal officers thereof have unrea sonably and
| do uhreasonahly neglect to keep the same in re
| pair aforesaid. Wherefore they pray YOUR
<ionors that view of said bridge and way may
| be mad and that su, h repairs may he ordered as
| will make 1t safe and convenient as aforesaid
| that the costs of said proceedings may he award
ed against said City of Ellsworth that such other
| proceedings may be had YOUR Honers may
| deem proper.
Dated at Ellsworth, this October 18th, A. d.
| iSal."
! Said petition was signed bv Arthur sbute and
| thirteen others. On said petition said County
Commissioners made an order follows:-
STATE OF MAINE.
| HANCOCK. IS Court of County Commissioners,
| October Term, A. u. 1881.
| Upon the foregoing petition. il Is considered by
! the Commissioners that the petitioners are re
sponsible. aud that they ought to he heard touch
le the matter set forth in their petition and there
| fore order that the County Commi sioners meet
| al the hou-e of '. +. Hooper, in Ellsworth on
| THURSDAY. the 21nd ,iay OF October next al ,
O'Clock Z. NJ. and thence proceed to view the route
| mentioned In said petition, Immediately after
which view hearing OF the parties AMI witnesses
| VIII he had mt some convenient place in the
| vicinity, and such other inca siIres taken in the
premises as the Commits sioners shall Judge proper.
| AVID 1t Is further or,iered-That notice of the
| Time, place and purpose of the tommi> siuners'
| meeting Aforesaid, be given 10 all persons and
| corporations interested. hy serving an attcsied
copy of the petition and this order thereon anon
| the cleik OF the City of Ellsworth upon the
| Mayor of said City OF Ellsworth and upon
Arthur >hute, one of the petitioners and by post
Ing up an attested copy aforesaid in t,uhlic
place, IN said cyn the vicinity OF way complain.
cd o. Ave days AZ least before the time appointed
| Tor said view that all persons and corporations
| interested may attend ana Ice heard If they think
| tit
Attest JOHN F kNowLToN, Clerk"
! ON the ,2nd day of octobc. A. IL - said
O.
! '. +. Hooper. and after viewing the premises
made the following decree
STATE OF MAINE.
| HANCOCK. ssi-Court Of County Commissioners.
October Term, it being tile twenty fourth day
| OF October. A. u. ls.,l.
! w HkKEA>, Arthur Shutr and thirteen others
| " have pcti i"hed the County Commissioners
within and for the County oi Hancoc4 and state
nf Maine. in accordance with Chapter ightccn,
section nifty three Of the Revised statutes nf said
state as follows setting forth petition Is above 5
| And whereas We. the said County Commits .ionCrs
We're satisfied That such petitioners slsonsi
| hlc for he costs of the proceedings. We fixed =
| unir ard place rear such defective va, for a
hearing such petition ana caused trtire Ia b,
given 10 the tlty and petitioner b. the following.
| "ricrt 10 wit setting forth orrrr and notice A.
| above In accordance " in the above order aud
| notice and NJ the time appointed We view ed the
| MAY ana heard the parties Interested, follows
| We met at the house OF Y, r Hooper in ~aid FL
worth near said way. and being satisfied that the
| Municipal Officers OF said tity ot Ellsworth. or
one IL them, had had dyr DAYS actual notice OF
! kuowic,4. Of the defective condition before We
| very retitioncd. and that notice hai been given
| {" the ltN and tn" petitioners such : pre-
>cIti"d ami ordered. PR ""etlci To view said
| detective way, and after hCh view a hearing OF
the parties interested Wa had AT the house OF '
r ltnofrr, runN cnicui place IN the vicinity Oi
said WAY, the petitioners appearing but tho Mum.
cipal officers ot said Ci y, although they had no
ice A. aforesaid failed 10 appear and after A fun
and lair hearing We report follows
/ That the 'hy OF Ellsworth be- ordered Ia pro
ceei immediately t" repair IA" hr:I-r mcnu pnc,i
ia -aia petition tuat, i on Branch Pond stream
ami near IA" 'i""jung n"U-' I'll NiUnl r Hooper.
| SAT- hr'ag'' t" lie repaired follows stone
| aintHeist= Z" be la'l at each ont at >fd bridge
supporting four -trluEvr- uf stA!,i HruI.rA t.ti.
Der. thc covering ri ~u"h bridge o. be of hcmlurl
plank thrrr lurha~ tEirk, >sttl .,hutlucut- To he
| twenty fee apart ear IT -.ttilct.6t distance to-
| admit OF the ircc passage ut thr water. sand
bridge 10 ir twcntt feet wiic tui properly IA le,l
| and I" he put in proper repair on or lciorr the
| first day If December \. u. l>,I. And we aWaril
'ne costs taNe At twenty Disc dollars a-an- the
sail CITY Of Ellsworth.