The Portland daily press., 1899-02-21
LAW COURT.
Two Important Cumberland County
Decisions.

These resoripts have been received from
the law court:
Cum berland, S.
Brunswick Gas Light company VS.
Brunswick Village Corporation.
kecript, Savage, j.
1-Under the provisions Of section , of
chapter i12 of the private and special laws
of 1857, incorporating the Brunswick
Village corporation, that corporation is
responsible for acts OF trespass or tort
committed in the construction OF sew
er, only when town would be- RESPONSE
BILE under the same circumstances
2-1hs construction of sewers is not
within the scope of the corporate authori-
ty of town. The municipal officers are
| the oily tribunal authorized TO constructs
sewers at the expense of n town. For the
torts of this tribunal, the town is not re-
sponsible. A town Is not liable for the
torts of Its own servants, agents and con-
tractors, while engaged in work beyond
| the scope of corporate municipal authori-
| ty, even II directed by vote OF the town.
Sit follows that the defendant Is not
liable in this case. And this is so,
whether the sewer was constructed by
direction of Its assessors acting in the
name of the corporation or whether u
was constructed under the authority OF
vote of the corporation itself, and by
virtue of contract with the corpora
ton.
Exceptions overruled.
Cum berland, SIS.
Maine shore Line Railroad Company
vs. Maine Central Railroad Company.
Rsscript-It is considered by the court
that the Maine Shore Line Railroad Com
pany, by Its conveyance OF October %.
| issS to the Maine Central Railroad Com.
pany. authorized by the act of 1887. chap
| ter 81 carved out of the charter Of the
| Maine Shore Line hnilroad company
| that portion of its road then already
constructed from Brewer to Hancocs
Point. and made the same subject TO the
charter of the Maine Central, SO that
thereafter the Shore Line charter re
mained Just as II the railroad conveyed
had never been included in It Its west
ern terminus became Hancock instead OF
| brewer.
IL is also considered by the court that,
by the terms of the remaining charter
OF the Shore Lie, Its powers and fran
chises were to lapse on January IS.
| 1895, unless some part of its line should
have been constructed on that date. No
| Part of the line had been constructed on
that date, and its powers then became
extinct Its charter ceased to exist: 1t
had expired by Its own limitation; II
WAS dead. except so far as section "a oil
cha per 70 of the Revised Statutes con-
tinueu its existence for three years, ITO
prosecute ind defend suits, TO settle
and closs its concerns, TO dispose OF It's
| properly and to divide its capital.
This suit was commenced within the
three years, and, upon The expiration
| thereof, the defendant moved to dismiss
the action. because the same abated for
the want of a plaintiff. Ii Ia stoutly CON
tended that the plaintiffs corporate ex-
istence continued, after the expiration
of the three years and until Judgment
shall he recovered. The statute does not
| .t,al. saNIx- ar.af.,
existence Is by virtue Of thnt statute,
and that continued its life three years
and no more. The legislature has not
| seen lit TO intervene, and the court can
not viyify that which the Legislature
allowed to expire Ihe plaintiff has no
corporate existence, ami can neither re
cover Judgment nor spner one against
itself. Its action has abated, and no one
can revive it. 1t must be dismissed from
| the docket.
Motion sustained. Action dismissed.
S mels set. rs
Andrew Hawss, Admr.. in Eq, VS.
iran Is. Williams, AdInr, ct ais.
II ciipt-A conveyance of land in fee,
vi an agreement in writing from the
lranles To the grantur that, upon pay
inent by the grantor 10 the grantee OF a
sum Of money at stated time, the gran
shall reeonvey the land, and tina. the
rantor may occmpy the premises so
long rs he fulhll his part Of the agree
ment, but thn5 upon breach of any part
uf IL he should forfeit all right TO the
land and money phil on account OF IL as
we'll, creates an equitable mortgage.
X. 5. chap. 90, sec l2. relative to land
mortgared' applies both 10 legal and
equitable mortgages.
Equitable mortgal es where there Is no
9 i1ence of debt from the mortgagor
that can be enfort ed at law, independent
If the security. may well be inventorled
as real estate, and only when reduced 10
cash by redemption or sale. would the
proceeds become chargeabie 10 the exc
cutor or administrator.
lhe money received by Iran u. VIII
! Jams, adm nistrator Of the estate OF Law
renee Williams, from Ira W. Page IN re-
demption of his equitable mortgage,
should have been charged by the prop. "
c1urt to sail anrinistrato. aud ordered
istributeii as PEI social estate. That eoul /.
unly has juri.s teton of the oontrovsts,
attempted O. be- raj ssd In this case Ini5
tin therefore, cannot be maintained
hut the DEFENDANTS. who detained asSs
to which iey are not entitled, should MOI
,a,ovrr ...srs Rili III stnisspu.