The Republican journal., 1905-03-30


airy OF eighteen hundred dollars, and
actual cash expenses while in the dis
cnarse o! MS duties away from the CAPT
tol, and he shall receive no further fees
perquisiteS or emoluments
Section 8. The attorney general shall
receive an annual salary of four thou
sand dollars and actual cash expenses
while in the performance of his official
duties Said salaries shall be in full for
all services and in lien of all fees He
snail collect all fees payable to him by
virtue of his office. and pay over the
same to the treasurer of state on the
hrst days of January, April, July and
october in, each year.
Section 9. This act shall take effect on
the first day of July. one thousand nine
hundred and five.
Approved March "a. 1861
Chapter 1863.
An Act to exempt Soldiers and Sailors
of the Civil War from poll tax.
Section l. Every soldier or sailor who
served In the army or navy of the United
states in the war o. eighteen hundred
and slNty-one and wi has an honorable
within the state of Maine. who is no,
assessed for taxes ir his own town for
more than five hundred dollars is hereby
forever exempt from the assessment and
payment OF poll tax within any CITY.
town or planta ton in this state.
Section ,. This act shall take effect
When approved by the governor.
lApproved Ma rch "a, 1861
Chapter 1854.
An Act relating to the Location and
Assessment OF Damages for Property
taken for Public Uses
Section l. All locations made and all
damages assessed for the taking of prop
efty by the exercise of the right of emf
nent domain; except for property taken
by the United States. the state of Maine.
or county or municipality thereof, or
quasi municipal corporation, and except
ing property which when taken is being
or is necessary to be used by the owner
thereof in the performance of a public
DUTY; shall be made and assessed and
the rights of the parties shall be as fol-
lows, Notwithstanding anything con-
tanned in the act granting such right,
whether the same has been heretofore
OF shall be hereafter passed:
Section 2. All property so taken shall.
before it is entered upon for any purpose
except to make surveys, be located by q
description. signed by the party taking,
which shall describe in detail the prop
erty taken, and give the names of the
owners thereof and shall be accompanied
by map showing said property as
described. Such location and map shall be
He'd with the county commissioners of
the county where the property is located
who shall indorse the time of filing there
on and order the location recorded A
copy of said location shall be recorded in
the registry of deeds for the place where
the property is located When for any
reason. the taher fails to acquire the
property authorized to be taken and
which is described in such location, or
the location recorded is defective or un-
certain. the taker may, al any time, cor
rect and perfect such location, and
file new description thereof; ami
in such case the taker is liable
the owner had not previously heen paid
to be assessed as of the time of the
original taking. and the taker shall not
be liable for any acts which would have
been justified if the original taking had
been valid and legal
Section ). For all property taken by
tie exercise of the right of eminent do
main the owners are entitled to DANA ges
to be paid by the takcr and estma ted by
the county commissioners, on written
application of either party. made within
three years after such taking; or, if pro
ceedinss thus commenced fail for causes
not affecting the merits, new ones may
be commenced within one year there
after. and when no estimate is made
within such time the owner may maintain
an acton horo Of trespass or have any
of person Incapable of giving u valid
conveyance whose property is taken, ma Y
settle and give a valid release for dam
ages; and persons having any interest in
such property have the rights and
remedies of owners to the extent of their
interest. When requested by the owner
said commissioners shall require the taker
to give security for the payment of dam
ages and costs. by depositing at its risk
with the clerk, within thirty days. specie,
notes or obligations of a state or public
corporation, or other security satsfac-
tory to the party requiring it. When en-
titled to it, so much of any specie so de
posted shall be paid to him as will sat
lsfy his judgment. Notes or obligations
so deposited shall be delivered to the
officer having a warrant of distress. to be
by him sold as personal property is sold
on execution, to satisfy the warrant and
fees. and any balance Shall be paid to the
taker of such property.
Section a. In all cases of petition to the
commissioners of any county praying for
the assessment of damages on account
OF any property so taken the notice TO
of hearing thereon shall be a personal
notice of fourteen days. or by publica-
ton of the petition and order of notice
thereon in some newspaper published in
said county, two weeks successfully, the
last publication being fourteen days be-
fore said hearing.
Section 5. Said commissioners, in
awarding damages for property so taken,
on the application Of the taker, may pre-
scribe such terms, and conditions in all
taken, by the owner thereof. and by the
taker respectively. as will secure the best
accommodation of the owners of the
property, and the convenient use of the
same by the taker. In case of appeal by
either party the only question in issue
shall be the amount or measure of dam
ages on the terms and conditions imposed
by the commissioners.
Section 6. Said commissioners shall, at
regular session. make report of their
general estimate of damages stating
therein specifically. the terms and con-
ditions imposed by them and the rights
and obligations of eacn party. and cause
it to be recorded their clerk shall then
make out notice to each person stating
the amount of damages awarded to him,
those resident in the state. and upon
others, if any by publication. three
weeks successfully in a newspaper
printed in the county, if any, if not, in
the state paper The expense Of notices
shall be added to the costs of the pro-
cccdings which shall be paid by the taker.
Section T. Any person aggrieved by the
decision or judgment of the county COM
missioners in relation to damages for
property taken, may appeal to the next
term of the supreme court to be held in
the county where the property is situated,
more than thirty days from the date
when the report of the commissioners is
made, excluding the day of the COM
mencement of the session of the court,
which court shall determine the same by
a committee of reference if the parties
so agree, or by the verdict of its jury;
and shall render Judgment and issue exc
cution. If the owner appeal and the dam
age finally recovered is not more than -he
award Hf the county commissioners. the
taker shall recover costs from the time
of appeal, otherwise the owner shall re-