Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-03-29

pendine. before the beginning Of HIS said action
Or defence, the amount OF all such taxes, inter.
est and costs accrulng under such sale, and OF
ali taxes paid after such sale, and interest
thereon, to be paid out by order OF court to the
party legally and equitably. entitled thereto,
and then ne D other pary tSeh o.
addition to the deed as aforesaid, the ASSESS
ment, signed by the assessors and their warrant
to the collector. and proves that such collector
law in advertising and selling such real estate.
he shall have Judgment In his favor; and In all
such actions involving the validity OF sales
mnde after this act takes effect, the collectors
return to the town clerk. the town clerks record.
or If lost or destroyed, said clerks attested
copy of such record as provided in section one
IN amended sRaIi be prima facie evidence q;
all facts therein alleged
SECT. II. At the trial Of any action for the
collection of taxes under chapter three hun
bred fourteen of the public laws OF eighteen
hundred ninety three, or of any action at law
or in equity involving the validity of any sale
OF real estate for non payment OF taxes under
section two hundred five OF said chapter six OF
the revised statutes, If it shall appear that the
tax in question was lawfully assessed, the court
shall have power at its discretion to permit the
collector TO amend his record, return or deed In
accordance with the fact, when circumstantial
errors or defects appear therein; provided,
that the rights of third parties are not njurousy
affected thereby. And II deed be so amended,
and the amended deed be thereupop recorded
1t shall have the same effect as II IL had been
originally made In its amended form.
SECT. Is. Sections one hundred eighty-eight
one hundred eighty nine, one hundred ninety,
one hundred ninety one and one hundred ninety
two are hereby repealed. And all other acts
and portions of acts inconsistent herewith, are
also hereby repealed.
SECT. IA. The acts and sections declared 10
be repealed remain in force for the recovery OF
penalties and forfeitures already incurred
and for the preservation of all rights and their
remedies existing by virtue of them and so far
as they apply to the collection of any tax here.
tofore assessed, or to any judicial proceeding,
right, contract, Limitation or event already AZ
fected by them. lApproved, March g.
Chapter IL.
AN ACT to prevent the Adulteration Of Candy.
SECT. !. No person shall by himself his ser.
want, or agent of any other person or corpora
ton, manufacture for sale, or knowingly sell
or offer to sell, any candy adulterated by the
admixture of terra alba, barytes, tale, or any
other mineral OF metallic substance, or by
poisonous colors or fiavors, or containing
brandy, whiskey, rum, wine or any alcoholic
liquor In liquid form or other ingredients dele
terious or detrimental to health.
SECT. 2. No person shall by himself his ser
want or agent of any other person or corpora
ton offer for sale any candy under the name Of
brandy, whiskey, rum wine drops.
SECT. s. Whoever violates any OF the pro-
visions Of this act shall be punished by fine
than MY dollars. The candy so adulterated
shall be forfeited and destroyed under the d.
rection Of the court
SECT 4. 1t is hereby made the duty OF the
prosecuting attorneys of this state To appear for
the people and to attend to the prosecution OF
all complaints under this act, in all the courts
in their respective counties.
lApproyed March 9.
Chapter Sa.
AN ACT referring to Railroads crossing other
Railroads and Highway Bridges.
SECT. l. The board OF railroad commission
ers shall have authority TO determine the man.
ner and conditions OF ono railroad of any kind
crossing another. Any corporation or party
board for q change In the then existing condi.
ton, construction or manner of any such cross
ing. Such application shall be in writing,
giving tne Location OF ,ne Grosss aaa se
have ordered such notice TO be given by the ap-
plicants, as to the time, place and purposes of
such hearing, as said beard shall deem proper.
Said board shall determine at such hearing
what changes, if any, are necessary, and how
such crossings shall be constructed and main
tanned, the expense thereof TO be borne as the
railroad commissioners NAV order.
SECT. 9. In the case OF a railroad company
of any kind whose tracks are TO be constructed
across the tracks of any railroad already butt,
such crossings shall be made, constructed and
in such manner and under such
conditions rs shall be ordered by the board OF
railroad commissioners, the expense thereof
TO be borne AS the rdllrOnd comuisslOucrs may
order The parties contemplating making such
crossing shall apply to the railroad commits
sioners In writing, giving the location Of tho
,rossing desired, and said commissioners snail
Tered such notice to be given by the appli.
ANTS of the time, place and purposes OF such
nearing as said board shall deem proper. AT
such hearing the board of railroad commits
,ioners shall determine the manner and condl-
ions OF construction and maintenance of such
,rossing and make their report us hereinafter
provided.
SECT. ). Bridges erected by any municipal.
ty, over which any railroad passes. shall be
and maintain in such manner aud
as to safety, as the board OF railroad
may Determines. Said board
hall have authority to require the, officers OF
he railroad company and those of the munich.
ality to attend q hearing in the matter, after
UGH notice of the hearing to all parties in in.
crest as said board may deem proper. Said
shall determine at such hearing
he repairs, renewals or Strengthening Of parts;
II II necessary the manner of rebuilding OF
uch bridge, required to make the same safe (,
or the uses to which it is put. They shall dc
ermine who shall bear the expenses of such
epairs, renewals, strengthening or rebuilding
4 such bridge, or they may apportion such ex.
ense between the railroad company and the
ity or town. as the case may be, In such man,
er as shall be deemed by the board as Just ana
air. Said board shall make their report as
ereinafter provided:
SECT. 1. The board of railroad commission
rs shall make a report in writing of their de-
and decisions in the matters
AIMED in the three preceding sections, file the
anne In their office, and cause to be sent by
nail to each of the railroad corporations, or
ie municipal officers of the cities or towns as
he case may be, interested therein, copy OF
UGH determination or decision. such decision
r determination shall be final and binding
pom all parties named, unless an appeal
1erefrom shall be taken and entered In the
ext succeeding term of the supreme judicial
ourt, to be held in the county where the cross
lg or bridge is located, after thirty days
rom the date of the report
SECT. s. III any appeal shall be taken rs
rovided In the preceding section, the appel:
mt shall within thirty days from the date OF
10 filing of such decision, lille in the Office or
le board of railroad commissioners. Its rea-
pms for appeal, and fourteen days at least be,
IRE the sitting of the Appellate court, II SHAH
iuse to be served upon such other interested
or municipality copy of such
,asons for appeal, certified by the clerk OF the
oard of railroad commissioners. The presid-
~ Justice, at such term OF court, shall make
ich order or decree thereon as law ana JUS
ce may require. Exception may be taken 70
lch order or decree. The final adjudication
lall be recorded by the clerk of courts IN the
,unty where the crossing or bridge is located.
nd acopy Of The same shall be certified Dy
lid clerk to the board OF railroad commits
oners for record In their office. Costs may
taxed and allowed to either party al the
secretion OF the court.
[Approved March 6.I
Chapter -.