The Portland daily press., 1899-06-24

I forward.
Oren +. Lombard charged with the
through his attorney. Richard Webb, the
reading Of the warTent, pleaded not guilty
and procured a continuance Of the trial
to June ga His personal reoegnizsnce in
the sum Of $50 was accepted for bis APP
peBrancs at that date.
REFEREES HEARING.
| The referees hearing in the suit of the
Rumford Falls Power company Va. the
Rumfofu Falls Paper company was con-
tinued before Gen. Mattocks Thurs ay
afternoon, with Nathan n. Written,
president Of the Holyoke Manufacturing
company on the stand. He testified that
al the water wheels used BY the Rumford
Falls Power company were from his fac
tory and BY the use Of diagrams he went
infinitely Into the amount of water used
BY one Of these wheels. At four O'Clock
thu hearing was adjourned to August 30
when the plaintiffs evidence will BE- re-
sunied with Charles II. Mixer. chief en-
gineer Of the Rumford Paper Mills on the
stand. There is a large mass Of evidence,
documentary and otherwise. to DO consid-
cred In this hearing and its sessions will
probably consume considerable amount
OF time.
REsCRIPT FROM LAW COURT.
4ub totlOWlDR Ftecrlpb WAS HHuueu
down yesterday from the Law court:
Kennebec, Sc.
Sarah h. Kurdish, petitioner for
mandamus VS. County Commissioners Of
kennehec county.
Sarah II. Kurdish and Willard B Ar
mid, petitioners for mandamus VS. Coun-
~ Commissioners of Kennebeo county.
Rescript-The Waterville Water COM
pany, by its charter. Chapter l41, Private
and GnaCtaI 1891 ~ aFftHnrtz od tn,
take and hold by purchase or otherwise
any land or real estate necessary for its
purposes, and that damages for such TAX
ing, when the person sustaining damages
and the company should not mutually
agree upon the sum TO be paid therefor,
should be ascertained in the same manner
and under The same conditions. restric-
tious and limitations as are by law pre-
scrfbed in case of damages by the laying
out of highways. The Maine Water oom-
pany Is the successor of the first named
company and has the same rights and Is
subject to the same liabilities as that
company. October IA. 1895, the directors
OF the Maine Water company voted to
take for Its purposes certain real estate
and water rights of the petitioners and
on the seventeenth of the same month
filed in the office Of the county commits
sioners plan and description OF the land
rights 50 taken; and on the 18th of the
same month made application to the
county commissioners to estimate and
award damages therefor. After notice
and hearing the oommi ssioners made an
award of damages to be paid by the COM
pany to the petitioners. After the time
In which an appeal might have been
taken from such award, the company exc
cuted and delivered TO each OF the petit
tioners notices of abandonment Of the
property SO taken. July 9 1897, after the
time Tor taking nm appeal from the
award of the commissioners had expired,
the petitioners filed with tue commission
ers a motion for warrant OF distress
against the company and It's property TO
which motions were denied whereupon
the petitioners, on the 9th day of October,
1897, filed petitions for writ of mnndsmus
to compel the county commissioners to Is
sue such warrants. Held:
4. That when the award Of damages
had been finally ad Indicated the petition
ers had a vefted right to the damages
awarded.
2. That the damages were assessable
in the manner prescribed for assessment
of damages in case OF laying cut high
way BY the statutes in force at the date of
the charter.
3.-That after the damages had been
finally adjudicated by the county COM
mlssloners, the water company could not
avoid payment OF such damages by an
abandonment. or attempted Abandonment
OF the property taken.
4. That the county comm issioners were
authorized and it Was their duty to issue
warrant of distress to enforce payment
OF the damages awarded by them.
8, That this court has authority by Its
writ OF mandamus to compel the county
commissioners to issue such warrant
Petitions sustained. Peremptory writs
to issue as prayed for.