The Portland daily press., 1895-02-28

est and costs accruing under such sale, and of
all 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 he may be admitted TO prosecute, or
defend; but if the other party then produces III
addition to the deed as aforesaid the assess
ment, signed by the assessors and their warrant
to the collector and proves that sucn eoieeeot OF
| or treasurer complied with the requirements OF
! law in advertising and selling such real estate,
he shall have Judgment in his favor; ana IN an
such actions involving the validity OF safes
made after this act takes effect, the collectors
return to the town clerk, the town CLERKS RECORD,
or if lost OF destroyed, said clerks attesteo
copy of such record as provided In sectloh one
hundred ninety-seven of said chapter. as mere
in amended shall be prima tac1e evidence Oh
all facts therein alleged
SECT. IL. at the trial of any action for the
COLLECTION OF taxes under chapter three nun
dred 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 defects appear therein; provided,
that the rights of third parties not njuriousy
affected thereby. And if q deed be so amended,
and the amended deed be thereupon recorded,
it shall have the same effect as if it had been
originally made in its amended form:
| SECT. 10. Sections one hundred elghty-elght,
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two are hereby repealed.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
SECT. IA The acts and sections declared to
| be repealed remain in force for the recovery of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
tofore assessed, or to any judicial proceeding,
right, contract, limitation or event already af-
fected by them. [Approved, March 81
Chapter IL.
AN ACT to prevent the Adulteration Of Candy.
SECT. l. 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 or metallic substance, OF py
poisonous colors flavors, or containing
brandy whisky, rum wine or any adfo6 aon
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, whisEey, rum or wine drops.
| SECT. g. Whoever violates any of the pro-
visions of this act shall be punished by a fine
not exceeding one hundred dollars nor less
than fifty dollars The candy so adulterated
shall be forfeited and destroyed under the di-
rection of the court.
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.
Approved March 6.
Chapter 72.
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 one railroad of any kind
crossing another. Any corporation or party
operating such railroad may apply to said
board for change In the then existing condi-
ton, construction or manner of any such cross
ing. Such application shall be in writing,
giving the location OF the crossing, and said
I,OpH I,on knor f1,nrn flnrr
have ordered such notice to be given by the APP
picants, as to the time, place and purposes of
such hearing, as said board 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 CO mmissioners may order.
SECT. 2. In the case of a railroad company
of any kind whose tracks are to be constructed
across the tracks OF any railroad already built,
such crossings shall be made, constructed and
maintained in such manner and under such
conditions as shall be ordered by the board OF
railroad commissioners, the expense thereof
to be borne as the railroad commissioners may
order. The parties contemplating making such
crossing shall apply to the railroad commits
sioners in writing giving the location of he
crossing desired, and said com misSionerS shall
give a hearing thereon after they shall have Or
dered such notice to be given by the appli-
cantS of the time, place and purposes of such
hearing said board shall deem proper. At
such hearing the board of railroad commits
sioners shall determine the manner and condi-
tions of construction and maintenance of such
crossing and make their report as hereinafter
provided.
SECT. 8. Bridges erected by any municipal
ity, over which any railroad passes, shall be
constructed and maintain in such manner and
condition, as to safety, as the board of railroad
commissioners may determine. Said board
snail have authority to require the officers of
the railroad company and those OF the munich
palty to attend hearing in the matter, after
such notice of the hearing to all parties in in
terest as said board may deem proper Said
commissioners shall determine at such hearing
the ranairS. renewals STRENGTHENING of
or If necessary the manner of rebuilding of
such bridge, required to make the same safe
for the uses to which it is put. They shall de
termne who shall bear the expenses of such
repairs, renewals strengthening or rebuilding
OF such bridge, or they may apporhon such ex-
city or town, as the case may be, in such man.
ner as shall be deemed by the board as just and
fair. Said board shall make their report as
hereinafter provided.
SECT. A. The board of railroad commission
ers shall make report in writing of their de-
examinations and decisions in the matters
named in the three preceding sections, file the
same in their office, and cause to be sent by
the m unicipal officers of the cities or towns as
the case may be, interested therein, q copy of
such determination OF decision. Such decision
OF determination shall be final and binding
upon all parties named, unless an appeal
therefrom shall be taken and entered in the
next succeeding term of the supreme judicial
court to be held in the county where the cross
ing or bridge is located, after thirty days
from the date of the report.
oECI. .. IL any dppetl Shall DC taken rs
provided in the preceding section, the appel
liant shall within thirty days from the date of
the fling of such decision, Tile in the office of
the board of railroad commissioners, its rea-
sons tor appeal and fourteen days at least be-
fore the sitting of the appellate court, it Shall
cause to be served upon such other interested
corporation OF municipality Il copy of such
reasons for appeal, certified by the clerk of the
board of railroad commissioners. The presid-
ing justice, at such term of court, shall make
such order or decree thereon as law and ius-
tice may require. Exception may be taken to
such order or decree. The final adjudication
shall be recorded by the clerk of courts in the
county where the crossing OF bridge is located,
and copy of the shall be certified by
said clerk to the board of railroad commits
sioners for record in their office. Costs may
be taxed and allowed to either party at the
discretion OF the court.
[Approyed March 81
4 Chapter IS.
AN ACT to establish Salary for the Clerk of
Il Courts for Waldo County.
SECT. l. From and after the first day of JAN
uary eighteen hundred and ninety five, the
salary OF the clerk of courts for Waldo county,
shall be eleven hundred dollars per annum,