Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-11-01
WINTHROP WINS.
CONTINUED from page Il

1 sgfdlRIL HIS ultGl 10 DlCEio viz i@'C ~
tween the said towns of Winthrop and
Readfield on the easterly side of said Mil
pond This would seem to be plain and
unambiguous and some of the words used
are significant.
The three questions are:
| First. Where docs the line start.
Second In which direction does itrun;
| Third How far does it run, or in oshel
words where DOES it end:
a. The answer to the first is not In dis
pute. The line starts at the stone monu
ment nc,r the west shore Of the lake in
the Maranacook grove (A).
h. The answer TO the second is not
given in express terms The act does moi
nrescribe the course that 1t is to follow.
IT. saws sin q straight line" but straight
line may be run in any direction. But
though this answer is not given in express
terms IL Is controlled by the answer Il
tire third question, for if We know the start
ing point and the end of line, the course
can be easily determined.
! c The answer to the third question a.
to how far the line runs, and where 1t ends,
| Is given 10 express terms. In the first
place II is to run across the pond, not
merely on the pond, or half way across,
or third Of the way across, but across,
which means to the other side from where it
starts The definition of across as given
by Webster is 'from side to side, athwart
quite over, crosswise or in "A direction OPP
posed to the length, as bridge IS lalo
across tho river The word as used here
fits this definition. The line runs from
the west side to the east side OF the pond,
In direction opposed to the length.
A few words back in the same act the
same expression is used This line start
ing from Wayne runs to NO. 220, ana
thence Is TO continue the same course
across said lot to Chandler s Mil pond. "
No one doubts that that means across SAID
lot to the other side thereof, which would
carry 1t to Chambers Mil pond; and again
in the act of 1871, which fixes the original
dividing line between Winthrop and Read
field. the same expression is used. In that
act The line started from the HalioWell
line on the east and ran west northwest
on the range line to Chambers pond,
thence westerly across said pond to the
southeast corner of lot No. go, (F), in
which case the word across" meant from
side to side.
In the second place, this line ends us the
act says, where il ''mects the line between
the said towns of Winthrop and Readfield
on the oasterly side OF said Mill pond. y
The line between said towns on the
easterly side of said Mill pond is known
it is marked by stone monument Mt that
point, and this new line that crosses the
pond runs, therefore to that stone monu-
mcnt, Cd which marks the line on the
ct1 rf oil pnnd The dOns
not say that the new line runs until it
meets the former dividing line midway Of
the pond, or anywhere on the water itself
but on the casterly side of said pond. >
There Is no reasonable doubt in our minds
that under these words the end of the line
is rs fixed as the beginning and that it
runs from the admitted starting point on
the western side of the lake CAY, clear
across the lake In n straight line to the
monument on the eastern Cd shore which
marks the line there. To hold that this
line when it starts from the west shore
turns abruptly, ruins at sharp angle,
(AED), part way across, or more properly
speaking, nearly lengthwise of the lake to
point out in the lake formed tv the in
tersection Of this line and the old line be-
tween the eastern shore and the southeast
corner of lot No. 220, and thence to turn
again and run at another angle, following
the old line until it strikes the east shore
of the pond, seems to US to be forced and
unnatural construction and one that the
words Of the act do not sanction.
H. The defendants, however, call at
tontion to the apparent object of the act of
1910 AS indicated by its title and the body of
the net Itself, and say that this was simply
Co set off the part Of lot No 220 owned
by the Mansions from Readfield to Win
throp, and 1t was not contemplated to set
off any other land than that and there
fore the line should be run to correspond
with that intention.
The object of that act was undoubtedly to
set off that portion of lot No. 220 from one
town to the other; but the fact is, that the
act did this and more The line which 1t
designated to be the future line between
the towns, set off also n part of Craigs
point rs well. The probability is that the
effect of the change on that point was
never considered by the Legislature. one
way or the other AT that time wild land
was comparatively worthless in this sec
ton, and this point running out into the
lake with no persons living upon it and
with no buildings, was not of sufficient
value to be taken into consideration In
striking the line. 1t has not been until
recent years, rs the present proceedings
show, net until after the place has been
developed by summer cottagers, that the
question has arisen, and it is undoubtedly
true that when the lire was changed by
the Legislators in Boston, and made a
straight instead of zig gag line, the ques
ton of whether Craig's point was set off
thereby was never considered. We can
not see. therefore. that there is any
ambiguity in the act authorizing us to say
that the Legislature did not intend to set
off Craig s point and therefore we must
so construe the act as to leave the point in
the town of Readfcld. The proposition
of law Is well settled that when an act Is
and capable of two distinct in
terpretations, and it is ascertained from
the title or otherwise that it was the in
iention of the Legislature TO do one of
these things and not the other, then the
act should be so construed as to carry out
the intention. But that principle does
not apply here; in he first place, because
the language of the act itself is not in cur
opinion, capable OF two distinct interpreta-
lions, but only of one. and there is no
in it. In the second place,
because we could not say thai tho
7 Ng{sIatura IF Massachusetts I'm 1S1n took