Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1899-11-01
DRAINS AND SEWERS.
Rights of Private Citizens and Munic-
ipai Officers Regarding Them.

private citizens and the relation OF one to
the other in regard to construction and
maintenance of sewers and drains are
often subjects OF dispute. The following
extracts from laws relating to drains and
sewers, from the "Maine Townsmano, re-
yised to Jan. 1, 1895 will be OF interest to
many Ellsworth readers of THE AMER
ICAN:
Whoever digs up the ground in a high
way or street To lay or repair any drain or
common sewer without the written con-
sent of the munieipal officers, forfeits for
each offeuse - to the town.
The municlpai officers OF a town may,
at the expense OF the town, construct
public drains or sewers along or across
any public way therein and through any
land of persons Or corporations " hen hey
deem 1t necessary for public convenience
or health, and they shall be under their
control
Before the land is so taken, notice shall
be given and damages assessed and paid
therefor, ss is prov ded for the location OF
town WaSs.
Abutters upon the line OF a public
drain, and the owners of contiguous
private drain, may enter and connect
with II on written application TO the mu-
nicipal off er distinctly describing the
land to which ii applies, and paying
shall then give the applicants written
permits SO to enter, when shall be avaiia-
BILE to the owner of the land so described,
his heirs and assigns, ami shall run with
the land without any other or subsequent
charge or payment. Said officers shall es-
tablsh such other regulations and con-
ditions for entering public drains as they
deem expedient.
II any person Is dissatisfied with the
sum " hieh he is required to pay to enter
public drain, and within ten days after
notice thereof, requests in writing to
have it determined bY arbitration, said
officers stHtt nominate six persons, any
two Of Nhom selected by the applicant,
with third person selected by hlmselt
may hx he SUM Il II paid, mud by pay
ing It AEA L he tase 81 the nrh1tratnrs, the
applicants ~lza.t - entitled ton permit.
All drains heretofore tuGde ut the ex-
pense of the town shall tie maintained,
managed, controlled and entered the
same a. il made under this chapter, sub
ject to the rights OF private persons
therein.
Ii any person connects private drain
with Il public drain, or cutters II by side
drain without a permit, the municipal
officers may forthwith destroy such con
nectioH, and such person forfeits TO the
town here the offense is committed, not
exceeding 300 to be recovered by lndlct-
ment Of action OF debt.
II any person wiifully or negligentiy
violates any condition or regulation pre-
scribed in his permit, said officer may
forthwith disconnect his drain from the
public drain, and declare his permit for
-fetted, and such person, his heirs and as
signs shall not be allowed to enter 1t
again without new permit. Whoever,
by the construction or use OF private
drain, commits a nuisance, Is liable there
for, Notwithstanding anything herein
contained.
After a public drain has been con-
strueted and any person has paid for con-
Meeting with it, it shall be constantly
maintained and kept in repair by the
town. 40 as to afford sufficient and eulta-
BILE huw for all drainage entitled to pass
through it, but its course may be altered
or OF her sufficient or suitable drains may
be substituted therefor Ii such town
does not 40 maintain and keep 1t III re-
pair any person entitled TO drainage
through it may have an action against
the town for his damages thereby sus-
tanned.
All proceedings Of the municipal Off
GERS as aforesaid shall be at their legal
meetings. suitable record shall be
made Of ali such permits, exhibiting tue
persons aud lands to which they apply.
Said officers have exclusive direction on
behalf Of their own town, OF all proseCu-
lions aHder this chapter.
II any person after the sum to be paid
by him for ii permit has been determined
sixty days after notice thereof with the
fees OF the arbitrator-, he shall have 40
benefit Of such determination, or OF MS
permit. The municipal officers may de-
termine the fees OF the Rrbltrators, when
shall be paid i'll advance II required, and
their award snail be returned by them to
the town clerk, and recorded with the
proceedings OF 5a3G olilctfs Ill eslHp4I7hihS
such drains.
private drain becomes so INSTRUCTED
or out of repair rs to injure any street or
highway, and the person using 1t unreal
sonabiS negtects to repair auep lHJdfS
after notice by the street commissioner, 1t
shall be repaired by the town, and the eX-
pense thereof may be recovered to the
Town ia an action on the case against any
one or more OF the persons using such
drain.
Whoever wIfulIy or eareIessly Injuries
or ob-trurtS such public drain or III ont
let. oranV street or highway calvert Lead
ing into it. j. liable To the town where II
il located ia uu action ON the case Tor
double tie amount OF injury ard damages
whereby cHused IN add4tluh 10 az otne1
legal perm. tlts therefor.
Whgu person Mt his own expense lays
d common dram or sewer, all " no JON or
enter it -hali pay him their proportion oil
such expense, aid the expense OF opening
and repairing ~haii he paid by all tehe-
flied to he determined in CHch case h} the
municipal officers, suhJset toappeal 70 the
county commission r.
The nlut+jes I'll III. let's slal notify zach
person 80 = =stAa{4 Z NAlt NJ l. 10 iaN,
and Ia " hnHl; aud II tot ptiH ia zen dASs,
he st..0 pfy @uDP ( the fmen't'"'tA cost,
Before ~ucu Or ia l- open f'r repair, "i
usr.Dit- b.. tt resi- eti ehsi+ H8re -eNrn Gays
notice thereof, ssy-h a the mnu.rlpal
s,tlicere direct. aud 4 any one objects AMI
said officer tINuks tl4 ut Jrctl"u r'"'7nha-
Die. I-r .tatl itut ice I}tH.e L. any eNHen-e
FHt