Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-04-05

visions IS to ownership do not apply to
money belonging to third person anu
fraudulently deposited by or in the name
ment to such married woman or minor
by said bank. institution for savings, or
trust, company. without notice OF sucn
such married woman or minor for such
deposits and interest, or. any part there
of, Is valid release and shall dlscharge
the corporation. And when money IS
deposited in the names of two or more
persons, payable to either. the whole. or
any part thereof, may be paid to either
OF such persons with t or without t Inc
the death of the other, or to the legal
representative of the survivor OF such
persons. '-(Approved March 10, 1881
Chapter 81.
An Act to amend Sections eight. forty.
six and fifty-fOur of Chapter twenty
three of the Revised Statutes. relating
to the compensation of committees In
highway proceedings.
Section l. Section eight Of chapter
hereby amended by striking out the last
sentence of said section and by inserting
in place thereof the following sentence,
The, committee shall be allowed rea-
sonable compensation for their services,
to be fixed by the court upon the pres
entation of their report and paid from
the county treasury upon the certlhcate
Of the clerk of courts so that said sec
ton. as amended, shall read as follows;
Section s. Any person aggrieved by
the estimate Of damages by the county
commissioners, on account Of the laying
out or disseminating Of way, may ap-
peal therefrom, at any time before the
third day of the regular term succeeding
that at which. the commissioners return
Is , made to the term Of the supreme
where the land Is situated, more than
thirty days after the expiration of the
time within which such appeal may be
taken excluding the first day Of its ses-
same by committee. of reference IL the
parties SO agree. or by a verdict Of its
jury, and shall render Judgment for the
costs in favor of the party entitled
thereto, and shall issue execution for the
costs only. The appellant shall file no.
fs Pn tS win h the 6ovny
and at the first term of the court shall
file complaint setting forth substan-
TALLY the facts. upon which the case
shall be tried like other. cases. The
clerk shall certify the final judgment of
the court to the county commissioners
who shall enter the same of record, and
be paid as provided in section seven.
The party prevailing RECEIVERS costs to
be taxed and allowed by the court, ex
cept that they shall not be recovered by
other party, if on such appeal by either
party, said claimant fails to recover a
greater sum as damages than was
allowed to him by, the commissioners.
The committee shall be allowed a rea-
sonable compensation for their services,
to be fixed by the court upon the presen-
tation Of their report and paid from the
county treasury upon the certificate OF
Section . Section fofty-six of chapter
twenty-three of the Revised Statutes is
hereby amended by striking out the next
to the last sentence of said section and
by inserting in place thereof the follow
ing sentence, The committee shall be
allowed a reasonable compensation for
their services, to be fixed by the court
upon the presentation Of their report
and paid from the county treasurer upon
the certificate Of the clerk of courts so
that said section, as amended, shall
read as follows:
Section 40. Any party interested in
such decision may appeal therefrom to
the supreme judicial court, to be entered
at the term thereof first held after such
decision, in said county, And all fur
ers shall be stayed until a decision is
made in the appellate court. If no per-
son appears at that term to prosecute
the appeal, the judgment of the commits
sioners shall be affirmed. If the appeal
is then entered, not afterwards, the court
may appoint committee of three dis
interested persons, who shall be sworn,
comes interested, the court shall appoint
another in his place, and they shall
cause notice to be given Of the time and
place of hearing before them, by publ
six successive weeks. the last publica-
ton to be fourteen days, at least, before
the day of hearing. and personal notice
to the appellant and to the chairman of
at least, before the time set for hearing;
they shall view the route. hear the par
ties, and make their report at the next
or second term of the court after their
appointment. whether the judgment of
the commissioners should be in whole or
in part affirmed, or reversed, which, be-
ing accepted and Judgment thereon en-
tered, shall forthwith be certified to the
clerk of the commissioners. If the judg-
ment of the commissioners in favor of
laying out. grading or altering way
appeal. the commissioners shall proceed
no further If their Judgment is affirmed
in whole, or in part, they shall carry
into effect the Judgment of the appellate
court; and in all eases, they shall carry
appellate court, in the same man
ner as If made by themselves; and the
party appealing or prosecuting shall pay
the costs incurred since the appeal, If
SO adiudged by the appellate court.
which may allow costs in such cases to
the prevailing party. to be paid out Of
the county treasury. The committee
shall be allowed a reasonable compensa-
ton for their services. to be fixed by the
court upon the presentation of their re-
port and paid from the county treasury
upon the certificate of the clerk of
courts. The costs allowed to the prevail
ing party, and the fees of the committee
shall be collected as provided in section
three
Section 3. Section fifty-four of chapter
twcnty-three of the Revised Statutes is
hereby amended by striking out the next
to the last sentence in said section and
by inserting in place thereof the follow
ing sentence, The committee shall be
their services, to be fixed by the court
upon the presentation of their report
and paid from the county treasury upon
the certificate of the clerk of courts so
that said section, as amended, shall read
as follows
Section "a. If the Judgment of the
commissioners in favor of laying out.
grading or altering a way. as prayed
for, is wholly reversed on appeal. they
shall proceed no further; and in all
missioners is reversed on appeal. no
petition praying, substantially. for the
same thing shall be entertained by them
for two years thereafter If their judg-
ment Is affirmed in whole or in part.
they. shall carry into effect the Judgment
of the appellate court; and in all cases
they shall carry into full effect the judg-
ment of the appellate court in the same
manner as if made by themselves; and
he e eos 5nee e p sea
If so adjudged by the appellate court,
which may allow costs in such cases to
the prevailing, party, to he paid out of
the county treasury. The committee
sation for their services, to be fixed by
the court upon the presentation of their
report and paid from the county treas
ury upon the certificate Of the clerk of
MI A.