The Portland daily press., 1897-12-11
LINCOLN COUNTY.

Willis A. Adams, Pet. for Mandamus
vs. Ralph r. Ulmer, ct ais.
Rescript by Strout j. On appeal to the
county commissioners town way had
been located by them in South Thomas
ton, which crossed navigable tide waters.
The legislature of 1880 had authorized u
bridge over tide waters at this place.
South Thomaston failed to build the
bridge and thereupon the county com
missioners, on due proceeding, appointed
the petitioner an agent to build it. The
wagon land was constructed principally by
the voluntary act of individuals without
charge. The agent caused the bridge to
be built; rendered his account to the
county commissioners which was duly al.
lowed, and judgement entered against
''the inhabitants of the town of South
Thomaston and against the real estate
situated in said town of South Thomas
ton, whether owned by such town or
not, for the sum of four thousand three
hundred and ninety two dollars and four
cents, being the cost of the bridge, and
the charges and the expenses of the agent.
The county commissioners ordered war
rant of distress to issue for the amount.
All the proceedings were in accordance
with law The respondent, clerk of the
county commissioners, refused to issue a
warrant of distress. This petition asks
that he be compelled to do so. Held:
1. That the clerk, as ministerial
officer, was bound, by law, to obey the
order and judgment of the county COM
1nissioners, that Judgment appearing to
be regular and upon matter within the
jurisdiction of that board. That he can
not justify refusal by showing mistakes
or misjudgment of the commission ers,
nor raise the question of the sufficiency
the bridge, which had been accepted b
the commissioner.
2. That the five years n r. S., C. IS, S.
90 within which the town cannot affect
by any action the location of a town way
by county commissioners, commenced to
run on August 10, 1892, when the pro-
oeedings and Judgment of the COM
missioners were affirmed by the Supreme
court, and that the attempted discontinue
ance of the way by South Thomaston on
May 16, 1886, was premature and inopera-
tive.
5. That the permission of the Secretary
of War to build the bridge over navigable
tide waters was not necessary. The act
of Congress of September 20, 1890, which
prohibits the erection of a bridge III
navigable waters, without permission OF
the Secretary of War, excerpts from its
operation bridges, the construction of
which has been previously authorized by
law. This bridge was authorized in 1880
4. That the bridge is wholly within the
town of South Thomaston.
5. That the petitioner is the proper
party in whose favor the warrant of dis
tress should issue.
Persmptory writ of mandamus to issue
as prayed for.
ANDROSCOGGINC COUNTY.
Pierre Cote VS.. Bates Manufacturing
Co..
Rescript by Strout j. The contract of
hiring Of plaintiff by defendant provided
that he should give one weeks notice of
his intention to quit work that week. If
he quit without giving and working such
notice he should forfeit one week wages.
The statute impose like forfeiture upon
a corporation if it discharges it's laborer
without one weeks notice.
Defendant claimed that plaintiff quit
work without giving and working the
weeks notice, and retained one weeks
wages. Plaintiff claimed that he was
discharged without notice. and that he is
entitled to recover the weeks wages due,
and another sum equivalent to weeks
wages as a forfeiture of defendant.
The facts of the case do not support the
claim of the forfeiture by either party.
Plaintiff is entitled to recover the amount
due him when he quit work, for labor
before then performed.
Judgment for plaintiff for seven dollars
and fourteen cents and interest from date
of writ.