3 •yir.. .-i'S™*" University Library KFM 430.A3 1864 Maine townsman, or, Laws for Hie reoulat 3 1924 024 682 761 (Jorn? U ICam i>rIjonI Slihrarji THE MAINE TOWNSMAN, LAWS FOE -THE REGULATION OF TOWNS, FORMS AND JUDICIAL DECISIONS, ADAPTED TO THE REVISED STATUTES OF MAINE. BENJAMIN KINGSBURY, JR., COtWSELLOE AND ATTORNEY AT LAW. ELEVENTH EDITION. PORTLAND: PUBLISHED BY O. L. SANBORN & CO. 1864. mdO, Entered, according to Act of ConGrress, in the year 1858, BY SANBORN & CARTER, In the Clerk's OfSce of the District Court of the District of Massachusetts. ELECTBOTYPED AT THE BOSTON STEREOTYPE POUNDKT. PBINTEU BT OBOBOE C. BAND ft. ATEET. PEEFACE LAW -ii^MKY TO THE ELEVENTH EDITION. The success of the Maine Townsman is shown by the fact that ten editions have been entirely exhausted by the constant dercftmd ; and we now have the pleasure of pre- senting to the public the eleventh edition. The work has been thoroughly revised, and much new matter of importance has been added. Kot the least val- uable, we apprehend, are the most recent decisions of the Supreme Courts of this State and Massachusetts, touching the various duties and rights of town officers and citizens. This compilation is designed as an aid to business men, and particularly to officers of towns in the discharge of municipal duties. It includes statutes, and references to judicial decis- ions, and appropriate forrjs, which will be found convenient and useful in the absence of professional assistance. But though the specific design is as stated above, the work has been found to be eminently useful to the members of the legal profession, as it presents, in a compendious form, the legislative enactments and legal decisions upon questions which are constantly arising in the course of their practice. The Probate Forms appended to the work were prepared by a member of the Cumberland bar, who is thoroughly versed (3) 4 PREFACE. in the routine of the business, and are designed to facilitate parties in the course of administration and guardianship. They are arranged in the order in which they may be wanted for use, and a few brief notes of explanation or direction are appended, wherever they were deemed necessary. Applica- tions to the courts of probate, as for letters of administration, power to sell real estate, assignment of dower, as well as all accounts of administration, returns of committees and com- missioners, and other documents, are to be presented to the judges of probate, before their orders or decrees are to be made upon them. These forms will enable the parties to pre- pare their own papers. Such only have been compiled as are commonly wanted in the transaction of probate courts, and by persons interested in the making of wills, the settlement of estates, and the custody of the persons or property of minors and others incompetent to manage their own affairs. The papers which it is the duty of the courts to furnish are omitted. The Miscellaneous Forms are inserted for the convenience of the business public, and will be found, in that respect, valu- able additions to the work. The chapters and sections of the Revised Statutes are referred to thus : K. S., c, §. The j'eports of judicial decisions are referred to by the volume and page. The acts of the legislature, published since the revision of the code, are re- ferred to by the word Act. The Constitution of the state is referred to by the abbreviation Const. The abbreviation lb. refers to the next preceding authority. CONTENTS. TITLE I. TOWNS AND TOWN MEETINGS. Paox. Chapter 1 Towiis...... , 9 Chapter 2 Town boundaries and perambulations 13 Chapter 3, Town meetings 16 Chapter i. Annual meetings 19 Chapter 5. Moderator...., 22 Chapter 6. Oaths of town officers 23 TITLE II. EIECTIONS. Chapter 7. Rights and qualifications of voters j 26 Chapter 8. List of voters 28 Chapter 9. Notifying meetings , ,, 31 Chapter 10. Proceedings at elections 33 Chapter 11. Election of Governor 36 Chapter 12. Election of Senators 37 Chapter 13. Election of Representatives to the State Legislature 39 Chapter 14. Election of Representatives in classed towns 41 Chapter 15. Apportionment of Representatives 44 Chapter 16. Election of Representatives to Congress 60 Chapter 17. Election of Register of Deeds, County Treasurer, and other county officers 53 Chapter 18. Elections in cities 65 Chapter 19. Elections in plantations ^ 67 Chapter 20. Returns of votes 59 Chapter 21. Of Electors of President and Vice President 60 Chapter 22. General provisions 62 1* (6) b CONTENTS. TITLE III. TAIES. Chapter 23. Persons and property liable to taxation, and exempted therefrom 64 Chapter 24. Where and to whom persons and property shall be taxed. 67 Chapter 25. Valuation and invoice 72 Chapter 26. Taxes on lands in unincorporated places 74 Chapter 27. The appraisal of taxable property and tax table 77 Chapter 28. Assessors of town taxes , 78 Chapter 29. Assessment of taxes in plantations 82 Chapter 30. Supplementary assessments and abatements 84 Chapter 31. Collector of taxes 86 Chapter 32. Distress and commitment for non-payment of taxes 91 Chapter 33. Unpaid taxes on real estate 94 Chapter 34. Duties of Town Treasurer when collector of taxes 101 TITLE IV. fflGHWATS, BRIDGES, ETC. Chapter 35. Town ways and private ways 103 Chapter 36. Power of county commissioners relating to town ways... 107 Chapter 37. Liability of towns to repair highways 109 Chapter 38. Obstructions in highways ' 113 Chapter 39. Surveyors of highways 113 Chapter 40 Boad commissioners 120 Chapter 41. Guideposts 121 Chapter 42. Law of the road 122 Chapter 43. Bailroads and steamboats 124 Chapter 44. Toll bridges 127 Chapter 45. Ferries 129 Chapter 46. Aqueducts 131 Chapter 47. Drains and common sewers 134 TITLE V. SCHOOIS, PARISHES, MEETING HOUSES, SCHOOL lAKDS AND FUNDS. Chapter 48. Duties of towns 137 Chapter 49. Powers and obligations of school districts 140 , CONTENTS. ( Chapter 50. Assessment and collection of money by school districts.. . 147 Chapter 51. School districts formed from two or more towns 149 Chapter 52. Powers and duties of superintending school committees.. 150 Chapter 53. Powers and duties of school agents 153 Chapter 54. Duties and qualifications of school teachers 155 Chapter 55. Schools in plantations organized for election purposes. . . . 156 Chapter 56. General provisions relative to education 157 Chapter 57. Parishes 158 Chapter 58. Meeting houses 163 Chapter 59. Ministerial and school lands and funds 166 TITLE VI. PAUPERS. Chapter 60. Settlement of paupers 168 Chapter 61. Legal decisions relative to the settlement of paupers 170 Chapter 62. Duty of towns relative to the poor 174 Chapter 63. Overseers of the poor 177 Chapter 64. Duty of kindred to support poor relatives 184 Chapter 65. Bastard children, and their maintenance 185 Chapter 66. Insane persons 189 Chapter 67. Town houses of correction 193 Chapter 68. Workhouses 195 TITLE VII. THE HEALTH, SATETT, AND GOOD ORDER OE TOWNS. Chapter 69. Prevention of contagious sickness 199 Chapter 70. Health committee 203 Chapter 71- Quarantine regulations 204 Chapter 72. Town hospitals 205 Chapter 73. Nuisances 207 Chapter 74. Engine men and fires 210 Chapter 75. Prevention of fires 212 Chapter 76. "Watch and ward 215 Chapter 77. Innholders and victualers 218 Chapter 78. Religious meetings and Lord's day 220 Chapter /79. Public exhibitions, bowling alleys, and billiard rooms .... 222 Chapter 80. Gambling 224 Chapter 81. Mischievous dogs, wolves and bears, moose and deer 226 Chapter 82. Burying grounds and dead bodies 230 Chapter 83. TJnwholesome provisions and drinks, and poisons 231 CONTENTS. TITLE VIII. EEGULATIONS CONCERNING PROPERTY, Chapter 84. Founds, and impounding beasts 233 Chapter 83. Fences and common fields 240 Chapter 86. Lost goods 250 Chapter 87. Auctions and auctioneers 232 Chapter 88. Fawnbrokers and intelligence offices 253 Chapter 89. Libraries, and charitable and benevolent societies 255 Chapter 90. Hawkers and peddlers 237 Chapter 91. Property exempted from attachment and execution 238 Chapter 92. Eights of married women '. 260 Chapter 93. Eights of mechanics and laborers 263 Chapter 94. Adoption of children 265 Chapter 95. Masters, apprentices, and servants 267 TITLE IX, DUTIES AND RIGHTS OP TOWN OPPICERS AND OTHERS. Chapter 96. Selection and service of jurors , 269 Chapter 97. Coroners and coroners' inquests 274 Chapter 98. Constables 278 Chapter 99. Special duties of town clerks 280 Chapter 100. Marriages, births, deaths 282 Chapter 101. Reference of disputes by consent 284 Chapter 102. Fees of justices of the peace 286 Chapter 103. Inspection of lime and lime casks . . ., 288 Chapter 104. Inspection of pot and pearl ashes 290 Chapter 105. Inspection of leather, boots, and shoes 291 Chapter 106. Inspection of fish 292 Chapter 107. Fisheries 296 Chapter 108. Survey of wood, bark, coal, hoops, staves, and lumber. . 301 Chapter 109. Weights and measures 307 Chapter 110. Inspection of beef and pork 310 FORMS. Probate forms 319 Miscellaneous forms S34 MAINE TOWNSMAN. TITLE I. TOWNS AND TOWN MEETINGS. Chapter 1. Towns. Chapter 2. Town boundaries and perambulations. Chapter 3. Town meetings. Chapter 4. Annual meetings, Chapter 5. Moderator. Chapter 6, Oaths of town officers. CHAPTER I. TOWNS. 1. What is a town ? 2. The word " town," how constrned. 3. Towns are corporatione. 4. Liability of towns for their assessors. 5. Towns may rai^ monoy. 6. What are " necessary charges-" 7. Towfls shall not exceed their powers. 8. Towns may make by-laws, 9. Warrants of distress ajainst towns. 10. Towns liable for assessments. 11. Classification of representatives. 12. Towns not liable as trustees. 13. Towns may release a debt. 14. Limitation of repreeentatiTes. 15. Division of towns. 16. Legislatures may make new towns. 17. Proceedings of towns to be constrned liberally. 18. Illegal assessments. 19. When towns may hire money. 20. A new town may not accept the act of incorporation. 21. Agents of towns. 22. Towns derive .their power from the le- gislature. 23. Selectmen may employ counsel. 1. A TOWN is an organized portion of the inhabitants of the state within defined limits of territory, within the same county. The boundaries of towns are created and may be changed by legislative enactments, but no corporate acts by the inhabitants thereof can alter them, 38 Maine, 37. 2. The word " town " includes cities and plantations, unless otherwise expressed or implied. R. S. c. 1, § 17. (9) 10 MAINE TOWNSMAN. 3. The inhabitants of each town are a body corporate, ca- pable of suing and of being sued, and of appointing attorneys and agents. lb. c. 3, § 1. 4. The assessors of towns, plantations, school districts, parishes, and religious societies shall not be responsible for the assessment of any tax, which they are by law required to as- sess ; but the liability shall rest solely with said corporations ; and the assessors shall be responsible only for their own per- sonal faithfulness and integrity. lb. c. 6, § 29. 5. The qualified voters of a town, at a legal town meeting, may raise such sums as are necessary for the maintenance and support of schools and the poor ; for making and repairing highways, townways, and bridges ; purchasing and fencing burying grounds ; purchasing or building and keeping in re- pair a hearse and house therefor, for the exclusive use of the citizens ; and for other necessary town charges. lb. c. 3, § 26. 6. The " necessary charges " arising within any town in- clude expenses in conducting its municipal business ; as the payment of town officers ; the support or defense of actions in which towns are parties ; the erection and maintenance of guide boards, the erection of town houses, market houses, and work houses ; the maintenance of watch and ward ; equip- ment of poor soldiers, and the discharge of duties imposed on towns by the militia law ; the purchase of standard weights and measures ; the maintenance of pounds and public clocks ; the indemnification of owners of buildings destroyed to stop fire ; and all expenditures required by law. When the laws impose upon towns any duty, the means required for the dis- charge of that duty would be a " necessary charge." 7. The act of any town transcending its corporate powers is illegal ; as a vote to repair a meeting house or build a jail. 8. Towns, cities, and village corporations may make such by-laws or ordinances as they think proper, not inconsistent with the laws of the state, and enforce them by suitable penal- ties, for the purposes and with the limitations following : E. S. c. 3, § 27. First. For managing their prudential afiairs as they judge conducive to their peace and good order, and annex penalties not exceeding five dollars for one ofiense, subject to the ap- proval of the county commissioners, or a judge of the supreme judicial court. Second. For establishing such police regulations as they may deem necessary. Third. Eespecting infectious diseases and health. TOWNS. 11 Fourth. For regulating the going at large of dogs, swine, and cattle therein. Fifth. Respecting the measure and sale of wood, bark, and coal brought to market, and the teams coming therewith. Sixth. For reserving and setting off such portions of their streets for sidewalks as they deem proper, and keeping them clear of snow and other obstructions, and for planting and pre- serving trees by the side thereof. Seventh. Respecting the erection of wooden buildings, or buildings the exterior of which shall be in part of wood, therein, and defining their proportions and dimensions, £As amended, Act Feb. 29, I860.] Eighth. Fbr the due regulation of omnibuses, stages, hack- ney coaches, wagons, carts, drays, handcarts, and all other vehi- cles used wholly or partly therein for business, pleasure, or the conveyance of passengers by horse power or otherwise, and by establishing the rates of fare, their routes and places of stand- ing, and in any other respect ; but by-laws and ordinances for this purpose shall be published one week, at least, before they take effect, in some newspaper printed therein ; and penalties for their breach shall not exceed twenty dollars for one of- fense, to be recovered by complamt to the use of such city, town, or corporation. Ninth. For the effectual protection of persons against injury from the sUding of snow and ice from the roofs of buildings therein ; but the authorities of such cities, towns, and corporations shall notify the owners of the buildings of by-laws or ordinances adopted under this specification ; and if they do not comply with them in thirty days after notice, they shall be liable for all injury sustained by any person in consequence thereof; and said authorities, at the expense of their cities, towns, or corporations, may place the required guards or other obstructions on the roof of such buildings, at the charge of the owners. 9. All executions or warrants of distress against a town shall be issued against the goods and chattels of the inhab- itants thereof, and against the real estate therein situated, whether owned by such town or not. lb. c. 84, § 29. The owner of estate so sold shall recover against such town the full value of the property so taken and sold, with interest at the rate of twelve per cent., with costs. lb. § 31. And any in- habitant or proprietor of lands may pay his proportion of such execution or warrant. lb. § 32, as amended by Act March 19, 1858. Such payment shall discharge his liabil- ity tliereon. lb. § 33. 12 MAINE TOWNSMAN. / 10. Towns and plantations are responsible for the as- sessment of any tax which the assessors are by law required to assess. 11. When any town or plantation, not entitled to elect a representative, shall determine against a classification, tke legislature may, at each apportionment of representatives, on the application of such town or plantation, authorize it to elect a representative for such portion of time, and at such pe- riods, as shall be equal to its portion of representation. Const, art. 4, § 3. 12. A town is not liable to be summoned as a trustee. R. S. c. 86, § 8. 13. Towns may release a debt, as well as contract one, by a vote of the majority. 8 "Green. R. 334. But they have no right to give away money collected of the inhabitants by taxa- tion. 14 Maine, 375. 14. No town shall be entitled to more than seven repre- sentatives in the state legislature. Const, art. 4, § 3. 15. Upon the division of any town, the old corporation shall retain all the property, rights, and privileges, and remain subject to all its obligations and duties, unless the act for the same makes some new provision. 4 Mass. R. 352. 16. The legislature alone has a right to divide the terri- tory of towns, and to make new towns. 17. A liberal construction should be made to support the proceedings of towns, when no one is injured thereby. 17 Maine R. 444. 18. Towns derive all their power to raise money for taxa- tion by the statute, and a vote to raise money not authorized by the statute is illegal. 14 Maine R. 375. 19. The inhabitants of a town, against whom a warrant of distress has issued, may vote to raise money, either by loan or assessment, to satisfy the same. 20 Maine R. 178. 20. It is not necessary that a newly incorporated town should accept the act of incorporation. The rule applies only to private corporations. 21 Maine R. 58. 21. Towns cannot authorize their agents to do what they have no right to do. 2 Kent's Com. 292. 22. Towns derive all their powers, as well as existence, from the legislature. 5 Johns. R. 358. 23. Selectmen may employ counsel in behalf of the town. 14 Maine R. 20. TOWN BOUNDARIES AND PERAMBULATIONS. 13 CHAPTER II. TOWN BOUNDAKLES AND PERAMBULATIONS. 1. Perambulations. 3. StoDC monuments erected. 3. Form of notice for perambulation. 4. Beturn of perambulation. 5. Supreme J. Court may settle lines. 6. Form of petition to Sup. J. Court. 7. Alteration of lines. 8. Becord of perambulation. 9. Bigbt of selection. 1. The municipal officers of the most ancient town shall give ten days' notice in writing to such officers of the adjoining towns of the time and place of meeting for perambulation ; and the officers who neglect their duty in notifying or attend- ing in person, or by substitutes, shall forfeit and pay ten dol- lars, two thirds to the use of the town which compUes with its duty, and the other third to any two or more of said officers of the town complying, to be recovered at any time within two years after the forfeiture is incurred ; and the proceed- ings of such officers, after every such renewal of boundaries, shall be recorded in their town books. E. S. c. 3, § 28. 2. All towns which, since the twenty-second day of March, eighteen hundred and twenty-eight, have perambulated, or hereafter perambulate, their several lines as by law prescribed, and set up stone monuments, at least two feet high, at all the corners and several angles, and where the lines cross highways, or on or near the banks of all rivers, bays, lakes, or ponds, which said lines cross, or which are the boundaries of said lines, shall be exempted from the duty of perambulating said lines, except once in every ten years, commencing in ten years from the time the stone monuments were so erected. lb. § 29. , 3. The form of notice for perambulation is as follows : -, to the selectmen of the being The selectmen of the town of - town of : Gentlemen : The subscribers, selectmen of selectmen of the most ancient of said towns, hereby give you notice to meet at , on the day of , at ' o'clock in the forenoon, for the purpose of perambulating and 2 14 MAINE TOWNSMAN. running the lines between said towns, and renewing the marks and bounds, according to the revised statutes of this state. Dated at , this day of , A. D. 18 — . A. B. ^ C. D. > Selectmen of . E. F. ) 4. The return of perambulation is as follows : Agreeably to notice given to the town of , by the town of , to meet at , on the day of , A. D. 18 — , for the purpose of perambulating and running the lines between the said towns, and renewing the marks and bounds, we, the subscribers, selectmen of said towns, have met at the time and place, and for the purposes aforesaid, and do make the following return of our doings. {Here insert the return of doings.) In witness whereof, we have hereunto mutually set our hands, this day of , A. D. 18 — . A. B.^ C. D. y Selectmen of . E. F.) G. H.) H. I.[ O. B.J Selectmen of- 5. When a town petitions the supreme judicial court, stating that a controversy exists between it and an adjoining one respecting a town line or lines, and praying that it may be run by commissioners appointed by the court, the court, after due notice to all parties concerned, may appoint three commission- ers, who shall, after giving notice to all persons interested of the time and place of meeting, ascertain and determine the line or lines in dispute, and describe them by courses and dis- tances, and make, set, and mention in their return suitable monuments and marks for the permanent establishment of such lines, and make duplicate returns of their proceedings ; one of which shall be returned to the court, and the other to the office of the secretary of state ; and such line or lines shall be deemed in every court of law, and for every purpose, the true dividing line or lines between such towns. lb. § 30. TOWN BOUNDARIES AND PERAMBULATIONS. 15 6. The form of a petition to the supreme judicial court for the appointment of commissioners is as follows, in substance : — To the honorable justices of the supreme judicial court, to be holden at , in and for the county of , on the day of , A. D. 18—. Respectfully represent, The subscribers, selectmen of the town of , in said county, that, on the day of last past, pursuant to a notice previously given, they met the selectmen of the town of , in said county, for the purpose of perambulating the lines between said towns, and renewing the marks and bounds thereon, but that a controversy exists between said parties, in renewing and establishing the lines and bounds of said towns ; wherefore your petitioners pray your honors that the same may be run by commissioners to be appointed by j'our honors, and that your honors will appoint commissioners to run said lines, and to ascertain and determine the line or lines in dis- pute, and describe the same by courses and distances, and mention in their return suitable monuments or marks for the permanent establishment of such lines. A. B. ^ C. D. > Selectmen of — E. F.) 7. As the power of altering the lines of towns rests wholly with the legislature, the selectmen can only decide where the true town line is. 8. The return of perambulation should be recorded in the records of each town ; and the town clerk should certify at the bottom as follows : A true record of the original. Attest, A. B., Town Gkrh 9. Where one had erected a dwelling house on land, and lived thereon for a long time, but less than twenty years, claiming it as his own, and of which he was the apparent owner, which adjoined land on the line of the town, of which he was the undisputed owner, he is to be so far considered the owner as to have the right to make the election to which of the towns the land should belong. 18 Maine, 113. 16 MAINE TOWNSMAN. CHAPTER III. TOWN MEETINGS. 1. Town meetings called by selectmen. 2. First town meeting, how called. 3. Ten or more voters may request an article inserted in the warrant. 4. Warrant, what it shall contain. 5. Warrant, to whom directed. 6. Town meeting, how notified. 7. Returnof the warrant. 8. Meetings to choose state officers. 9. Qualification of voters. 10. Adjournment of town meetings. 11. Town meetings, how proved. 12. Illegal voting. 13. Town meetings, illegally called. 14. Town meetings, how regulated- 15. iForm of an application to a justice to call a meeting. 16. ^orm of a waiTant of a justice. 17. Same subject. 18. Porm of constable's return. 19. Constable may amend his return. 1. Every town meeting, except in the cases mentioned in the two following sections, shaU be called by a warrant signed by the selectmen of such town. R. S. c. 3, § 2. 2. The first town meeting held in a town shall be called and notified in the manner prescribed in the act of incorporation ; and if no mode "is therein prescribed, by any justice of the peace in the same county. When a town once organized is destitute of ofiicers, a meeting may be called on application to such justice for his warrant for the purpose, made in writing by any three inhabitants thereof. When, by reason of death, removal, or resignation, a majority of the selectmen do not remain in ofiice, a majority of those remaining in office may call a town meeting, lb. § 3. 3. In case the selectmen unreasonably refuse to call a town meeting, any ten or more legal voters therein may apply to a justice of the peace in the county, who is thereby authorized to issue his warrant for calling such meeting. When ten or more of the qualified voters in town in writing request the selectmen to insert a particular matter or thing in a warrant for calling a town meeting, they shall insert it in the next warrant that they issue therefor, or shall call a special meet- ing for the consideration thereof. lb. § 4. 4. In either case, the warrant shall specify the time and place at which the meeting is to be held, and in distinct arti- cles state the business to be acted upon at such meetino' ; and no other business, matter, or thing shall be there acted upon lb. §5, TOWN MEETINGS. 17 ' 5. The warrant may be directed to any constable of the town, or any individual by name, directing him to warn and notify all persons by law qualified to vote at such meeting, to assemble at the time and place appointed. lb. § 6. 6. Such meeting shall be notified by the person to whom the warrant is directed, by posting up an attested copy there- of in some public and conspicuous place in said town seven days before the meeting, unless the town has appointed, by vote, in legal meeting, a different mode, which any town may do. In either case, the person who notifies the meeting shall make his return on the warrant, stating the manner of notice, and the time it was given. lb. § 7. An officer's return, showing that he posted the notice in a " public " place, without saying in a " public and conspicuous place," is insufficient. At a meeting thus insufficiently called, no officer can be legally chosen ; and a person elected at such a meeting, though sworn into his office, can draw no jurisdiction therefrom for acts done under color of the office. Maine Reports, vol. 34, p. 575. 7. When omissions or errors exist in the records or tax lists of a town or school district, or in the returns of warrants for meetings thereof, they may be amended, on oath, according to the fact, by the officer whose duty it was to have made them correctly, while in or after he ceases to be in office. If the original warrant is lost or destroyed, the return, or an amend- ment of it, may be made upon a copy thereof. B. S. c. 3, § 8. 8. Town meetings for the choice of governor, senators, and reprtifeentatives, shall be on the second Monday of September, annually. Const, art. 2, § 4. 9. Every person who is qualified by the constitution to vote for governor, senators, and representatives, in the town in which he resides, is entitled to vote in the election of town officers, and in all business aflairs. E. S. c. 3, § 9. 10. Any town meeting, after it is organized, may be ad- journed from time to time, and to such place, within the same town, or may be dissolved, as a majority of voters may deter- mine. 13 Fairfield R. 466. 11. A town meeting can only be proved by the records, unless they be lost or destroyed. 12. If any person should vote, not legally authorized, with- out being challenged, it would not vitiate the proceedings. 13. A town meeting called under color of authority wiU be legal, unless exceptions are taken at the meeting. 14. The proceedings at town meetings are regulated by the 2* P 18 MAINE TOWNSMAN. moderator, and by the selectmen when acting as such, who shall decide all questions of order. 15. The form of an application to a justice, when the select- men unreasonably refuse to insert an article in their warrant, is as follows : — To A. B., Esquire, one of the justices of the peace in and for the county of . The subscribers, being ten or more legal voters in the town of , in said county, respectfully show, that on the day of last past, we made a request in writing to the selectmen of , to insert an article in their warrant for calling a town meeting, a copy of which is as follows ; (Jiere insert a copy of the article ;) yet the selectmen have unreason- ably refused to comply with said request ; wherefore, we re- quest you to issue a warrant to call a meeting of the inhab- itants of said town to act upon the article contained in said request. A. B., C. D., and nine others. 16. The form of a warrant upon said application : — To W. S., a constable of the town of ,in the county of , greetmg : Whereas application has been made to me, one of the jus- tices of the peace for said county, by ten or more legal voters in said town, to call a meeting of the inhabitants of said town, to act upon the article hereinafter mentioned ; and whereas it has been made to appear to me that the selectmen of said town, upon request in writing duly made to them for that pur- pose, have unreasonably refused to insert an article in their warrant for a town meeting, issued next after said request to them: In the name of the State of Maine, you are hereby required to notify and warn all persons qualified by law to vote at such meeting, to assemble at in said town, on the day of next, at o'clock in the noon, to act upon the following subjects : — First, to choose a moderator to govern said meeting. Second, to see if the town will (here insert the article.) Fail not to make due service of this warrant, and to return your doings thereon, at the time and place of meetinc. Qiven under my hand, this day of , A. D. 18 . A- B., Justice of the Peace. ANNUAL MEETINGS. 19 17. If the selectmen have neglected to call a meeting, omit the words " have unreasonably neglected to insert an article in their warrant for a town meeting, issued next after said request to them," and insert instead, " have um-easonably neg- lected to call a meeting to act upon said article." 18. The form of the constable's return on the back of any warrant : — , , A. D. 18 — . Pursuant to the within war- rant to me directed, I have notified and warned the inhab- itants of said town, qualified as therein expressed, to assemble at said time and place, and for the purposes therein named, by posting up an attested copy of said warrant, at in said town, being a public and conspicuous place in said town, on the day of , being seven days before the meeting. W. S., Constable of . 19. A constable still in office may amend his return on a warrant for calling a town meeting by stating the time and manner of calling it. 17 Maine R. 444. CHAPTER IV. ANNUAL MEETINGS. 1. List of voters. 2. SessiuDB of selectmen to correct the list. 3. Form of warrant for calling annual meetings. 4. Return of constable. 5. Annual meetings in March. 6. Town oHicers chosen by ballot. 7. Clerk to preside during the election of moderator, 8. Town clerk shall be sworn, when and by whom. 9. Vacancies tilled at any meeting. 10. Office of collector should not be set up at auction. 11. Election of officers void. 12. Clerk may appoint deputy. 1. In every town where the selectmen are not the assessors, the assessors, on or before the first day of August in each year, shall prepare a list of the persons they judge to be constitutionally qualified to vote therein in the election of governor, senators, and representatives, and deliver it to the selectmen for their information. R. S. c. 4, § 1. The select- men of every town, on or before the eleventh day of August in each year, shall prepare a corrected list of persons qualified as aforesaid. lb. § 2. 2. In every town having, by the census of the United 20 MAINE TOWNSMAN. 2. In all cities and towns in this State having one thou- sand, or more registered voters, it shall be the duty of the aldermen and selectmen of such cities and towns to receive applications of persons claiming a right to vote, on the three secular days next preceding the day of election, and no application shall be received after the hour of five of the clock in the afternoon on the secular day next preceding said day of election, and no name shall be added to the list of voters on the day of election by certificate or otherwise. Act March 16, 1861. 3. The form of a warrant for calling the annual meeting for town purposes : — To "W. S., a constable of the town of , in the county of , greeting : — In the name of the State of Maine, you are hereby required to notify and warn the inhabitants of the said town of , qualified by law to vote in town affairs, to assemble at , in said town, on the day of , at o'clock in the - — —noon, to act on the following articles, to wit : — First, to choose a moderator to preside in said meeting. Second, to choose all necessary town officers for the year ensuing. Third, to see if the town will grant and raise such sums of money as may be necessary for the maintenance and support of schools and the poor, and repair of roads and bridges, and to defray all other town charges for the ensuing year. The selectmen give notice that they shall be in session for the purpose of revising and correcting the list of voters, at , at o'clock in the noon, on the day of said meeting. Given under our hands, at , this day of , A.D.18-. A.BS C. D. y Selectmen of . E. F. j 4. The form of the constable's return. See c. 3, § 18. 5. The annual town meetings in the state shall be held in the month of March ; and the qualified voters in each town shall then choose by a major vote a clerk, three, five, or seven inhabitants of the town to be selectmen and overseers of the poor when other overseers are not chosen, three or more assessors, two or more fence viewers, treasurer, surveyors of highways, surveyors of lumber, tithingmen, sealers of leather, measurers of wood and bark, constables, collectors of taxes, ANNUAL MEETINGS. and other usual town officers, who shall^i^il£g^^jR. S. c. 3, § 10. Assessors may qualify highway surveyors. Act March 9, 1860. 6. The election of moderator, town clerk, selectmen, as- sessors, treasurer, school committee, and town agent, shall be by ballot ; and all other of said officers may be by ballot or other method agreed on by a vote of the town. lb. § 11. 7. During the election of moderator of town meeting, the clerk shall preside. When he is absent from any such meet- ing, either of the selectmen or of the assessors, and, if neither of tho-;e is present, any constable, may lawfully do all the duties of clerk in receiving and counting the votes for moder- ator; the moderator may call on the voters to give in their ballots for a clerk pro tempore, who shall be sworn by the moderator or a justice of the peace. lb. § 13. 8. The town clerk, before entering on the duties of his office, shall be sworn before the moderator, or a justice of the peace, truly to record all votes passed in that and other town meetings during the ensuing year, and until another clerk is chosen and sworn in his stead, and faithfully to discharge all the other duties of his office. lb. § 14. A clerk may make record of his own qualifications. 9. If from any cause the town fails or neglects to choose, at the annual meeting, any of such officers as are not required to be chosen by ballot, or if, after such officers are chosen, there is for any cause a vacancy in any such office, the mu- nicipal officers may fill such offices and vacancies, by the written appointment of proper persons, who shall be sum- moned by the constable, and required to appear and take the oath of office, as is provided in section fifteen, subject to the penalties provided in section sixteen, chapter three, of Revised Statutes. Such appointment and oath shall be recorded, as in case of a choice by the town. R. S. c. 3, § 12. 10. It is an incorrect practice to set up the office of col- lector of taxes at auction. The town should first choose the collector, and then vote his compensation. 11. Where a statute requires that certain town officers be freeholders, the choice of a person who is not a freeholder is merely void. 29 Maine, 531. 12. The town clerk may appoint a citizen his deputy, who may, when- ever the clerlt is absent from his office, perform the duties of clerlt, as set forth in section two of chapter ninety-one of the Revised Statutes. The appointment may be in writing, as follows: — I hereby appoint to perform the dnties of town clerk as set forth in section two of chap- ter ninety-one of the Revised Statutes, in the town of , during my ab- sence from the clerk's office. Clerk of the town of — — . Before said deputy shall enter upon his duties, he shall be sworn. Act March 17, 1860. 22 MAINE TOWNSMAN. CHAPTER V. MODERATOR. 1. Choice and duties of a moderator, 2. Polling the voters. 3. Powers of moderators. 4. Disorder in town meetings. 6, Disorderly behavior punished. 6. Selectmen are moderatorB,..when. 7. Conversation by moderator not evi- dence. 1. At every town meeting, a moderator shall be first chosen, and sworn by a justice of the peace, or by the person presiding at the meeting when he is chosen. Said moderator shall regulate the business of the meeting ; and, when a vote declared by him is, immediately after such declaration, ques- tioned by seven or more, he shall make the vote certain by polling the voters, or in such other way as the meeting directs. E. S. c. 3, § 19. 2. By " polling the voters " is understood any mode of counting the polls or heads, so as to make the count certain. 3. No person shall speak in meeting before leave is ob- tained of the moderator, nor when any other person is speak- ing ; and all shall be silent at the command of the moderator, on pain of forfeiting one dollar for every breach of such order, for the use of the town. R. S. c. 3, § 20. 4. If any person, after notice from the moderator, persists in disorderly conduct, the moderator may direct him to with- draw from the meeting, and by his refusal he shall forfeit three dollars, to the use of the town ; and the moderator may cause him to be removed from the meeting by a constable, and detained in confinement for three hours, unless the meet- ing is sooner dissolved or adjourned. lb. § 21. 5. Disorderly behavior in town meetings is a misdemeanor at common law, and punishable by indictment. 1 6 Mass. R 466. 6. At town meetings for the choice of state ofiicers, the constitution requires that the selectmen shall preside. 7. Conversation by the moderator and others in town meeting, relative to a subject legally under its consideration cannot be proved as evidence against the town. 30 Maine, 157, OATHS OP TOWN OFPICEES. 21 CHAPTER VI. OATHS OF TOWN OITICEES. 1. The form of oath of moderator, 2. The taiff of oath of town clerk. 3. Officers elect summoaed to take the oath. 4. The form of warrant to notify officers to take the oath. B. The form of return by the constable. 6. Neglect to take the oath, penalty. 7. Certificate and record of oaths. 8. Eovm of oath of town officers. 9. Not taking the oath, effect. 10. Time of taking the oath directory. 11. Certificates of oath. 12. Porms for wardens, &c., of cities. 1. The form of oath to be administered to the moderator : t You, , having been chosen moderator of this meeting, do solemnly swear that you will faithfully and impartially dis- charge all the duties of said office. So help you God. 2. The form of oath of town clerk : — Tou, , having been elected town clerk of the town of -J do swear that you will truly record all votes passed in this or any other town meeting which may be held in this town during the ensuing year, and until another shall be chosen and sworn in your stead, and also that you will faith- fully discharge all the other duties of said office. So help you God, 3. The town clerk or any two of ttie selectmen shall forth- with make out a list of the names oi all persons chosen into office, of whom an oath is required by law, and deliver it to a constable with a warrant to him directed ; and he shall, within three days from the day of receiving it, summon each of the persons therein named to appear before the town clerk,. within seven days from the time of notice, to take the oath of office by law required ; and, at the end of ten days after receiving his warrant, the constable shall return it, or forfeit six dollars for the use of the town ; and the town shall allow him a reasonable compensation for his services. R. S. c. 3, § 15. 4. The form of a warrant to notify officers to take the oath : — 24 MAINE TOWNSMAN. To , a constable of the town of . The following is a list of persons who were this day chosen into office, at a meeting of the inhabitants of the town of , and of whom an oath is by law required, and the offices to which they were respectively chosen, to wit : — A. B., C. D., Surveyors of Highways. E. F., G. H., Fire Wards, ^c, Sfc. You are hereby required, in the name of the State of Maine, within three days from the date hereof, to summon each of the persons therein named to appear before the town clerk within seven days from the time you shall give such notice, and take the oath of office by law required. Hereof fail not, and make due return of this warrant, and of your doings thereon, to me, within ten days from the date hereof. Given under my hand this day of , A. D. 18 — . W. A, Town Ckrh of . 5. The form of return by a constable : — March — , 1 8 — . Agreeably to the within warrant, I have notified the persons therein named to appear and take the oath of office, as herein directed. A. B., Constable of . 6. Every person so notified and neglecting to take the oath required of him within said seven days, except officers for whose neglect a different penalty is provided, shall forfeit five dollars, two thirds to the use of the town, and the other to the use of the prosecutor. R. S. c. 3, § 16. 7. Any town or parish officer may be sworn by the town or parish clerk, or by any magistrate or person authorized by law, who shall give to the officer sworn, except when sworn in presence of such clerk, a certificate of the oath administered, which he shall return to such. clerk within seven days, to be placed on file. In either case, the clerk shall record the name of the officer and of his office, by whom sworn, and the time of taking the oath and returning the certificate. Any town, school district, parish, or corporation clerk, elected to any office and duly sworn, may record his own election, the fact that he was sworn, when and by whom. The record required shall be sufficient evidence that any such officer was duly sworn. The clerk is entitled to five cents for each oath recorded, lb. § 17. OATHS OP TOWN OFFICERS. 25 8. The form of oath of town officers : — You, , having been duly elected of the town of , do swear that you will faithfully and impartially perform the duties assigned you by law. So help you God. 9. The moderator must be sworn, or the meeting is illegal. The collector must be sworn, or his acts are illegal. 10. The time specified for taking the oath is directory. 11. The certificate of the oath of office should state the day on which it was administered, and should be signed by the person who administered the oath. 1 2. These forms are applicable to wardens and clerks of wards in cities, merely varying the phraseology to conform to the facts. 3 TITLE II. ELECTIONS. Chapter 7. Rights and qualifications of voters. Chapter 8. List of electors. Chapter 9. Notifying meetings. Chapter 10. Proceedings at elections. Chapter 11. Election of governor and senators. Chapter 12. Apportionment of senatorial districts. Chapter 13. Election of representatives. Chapter 14. Election of representatives in classed districts. Chapter 15. Apportionment of representatives. Chapter 16. Election of representatives to Congress, and congres- sional districts. Chapter 17. Election of county officers. Chapter 18. Elections in cities. Chapter 19. Elections in plantations. Chapter 20. Returns of votes. Chapter 21. Election of electors of president and vice president. Chapter 22. General provisions. CHAPTER VII. rigiits and qualifications of voters. 1. Who are legal voters. 2. Electors free from arrest. 3. Electors free from military duty. 4. Election uf governor, second Monday in September. 5. No courts on days of election. 6. Orgfinizafion of plantations for election purposes. 7. When a pauper is not a legivl voter. 8. Illegal voting in one town. 9. The home of a person. 10. Temporary absence. U. Town may waive right to elect repre- sentative. 1. Every male citizen of the United States, of the age of twenty-one years and upwards, excepting paupers, persons under guardianship, and Indians not taxed, having his resi- dence established in this state for the term of three months (26) EIGHTS AND QUALIFICATIONS OP VOTERS. 2 1 next preceding any election, shall be an elector of governor, senators, and representatives, in the town or plantation where his residence is so established, and the election shall be by written ballot. But persons in the military, naval, or marine service of the United States or this state shall not be consid- ered as having obtained such established residence, by being stationed in any garrison, barrack, or military place in any town or plantation ; nor shall the residence of any student at any .seminary of learning entitle him to the right of suffrage in the town or plantation where such seminary is established. Const, art. 2, § 1. 2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at, going to, and returning therefrom. lb. § 2. But the privilege does not extend to an elector preparing to go, if he have not actually proceeded on the way. 8 Maine, 187. 3. No elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger. Const, art. 2, § 3. 4. The election of governor, senators, and representatives shall be on the second Monday of September annually. lb. § 4. 5. No court shall be held on the fourth day of July, second Monday of September, or any day designated for the choice of President and Vice President of the United States, or for the annual fast or thanksgiving. R. S. c. 77, § 22. 6. The organization of all plantations composed of more than one township, according to the plan of townships on the map of the State, is repealed, and no plantation shall be organized hereafter for election purposes which shall be composed of more than one township. All plantations organized hereafter for election purposes must be organized at least sixty days prior to the second Monday in September, and a full copy of the proceedings of the inhabitants of said plantations in making such organ- ization shall be transmitted immediately to the Secretary of State, to be by him recorded. Act April 4, 1859. 7. All persons, in order to be considered a pauper, must be assisted by the town in which he claims a right to vote. If he have received aid from the town within three months of the day of election, he is not a legal voter ; but if he received aid from the town more than three months before the elec- rtion, he is a voter, whether he owes the town for it or not. 7 Green. E. 499. 28 MAINE TO^VNSMAN. 8. If a person votes illegally in one town, it does not de- prive him of his vote in another town where he has a legal right. 11 Mass. R. 853. 9. That place is considered the home of a person in which his habitation is fixed, without any present intention of removing therefrom. 10. A person, having acquired a home in a place, does not lose it by temporary absence with the intention of returning — as to do a job of work, or absence at sea, or absence at col- lege. 12 Mass, R. 424. If a person supports his family in one town, and resides to transact business in another town, he can vote for state officers only in the town where his family has resided three months next preceding the election. 7 Maine, 497. 11. A town, having the right to choose a representative, has the power to waive that right, and vote not to choose one ; and such vote is binding on the minority. 6 Maine, 486. CHAPTER VIII. LIST OF VOiERS. 1. Assessors to prepare lists. 2. Selectmen to prepare corrected lists. 3. Selectmen, meetings of, to correct lists. 4. Lists to be deposited with clerk, and posted. 6. Names to be added or stricken out. 6. Of naturalization papers. 1. Selectmen to decide on right to vo^. 8. Same subject. 9. Notice of meetings of selectmen, 10. Alphabetical lists of electors of town officers. 11. Form of list of voters. 12. Meetings to correct lists of town voters. 1.1. Applicable to cities. 14. Town cilerk to have lists present. 1. In every town where the selectmen are not the assessors, the assessors, on or before the first day of August in each year, shall prepare a list of the persons they judge to be constitutionally qualified to vote therein in the election of governor, senators, and representatives, and deliver it to the selectmen for their information. R. S. c. 4, § 1. 2. The selectmen of every town, on or before the eleventh day of August in each year, shall prepare a corrected list of persons qualified as aforesaid. lb. § 2. 3. In all cities and towns in this State having one thou- sand or more registered voters, it shall be the duty of the aldermen and selectmen of such cities and towns to re- ceive applications of persons claiming a right to vote, on LIST OP VOTERS. 29 the three seculai- days next preceding the day of election, and no application shall be received after the hour of five of the clock in the afternoon on the secular day next pre- ceding said day of election, and no name shall be added to the list of voters on the day of election by certificate or otherwise. Act March 16, 1861. 4. Oa or before the twentieth day of August annually, the selectraoii shall deposit in the office of the town cleric an alphabetical list of voters thus prepared and revised, and post up a similar list in one or more public places in the town, lb. § 4. 5. After such lists are thus prepared, deposited with the clerk, and posted up, tlie selectmen shall not add thereto nor strike therefrom the name of any person, except in open' session on one of the days prescribed by law for receiving evidence of the qualifications of voters ; nor shall they strike from said list the name of any person residing in the town, without notice first given to him that his right to vote is ques- tioned, and an opportunity for a hearing on one of such days. But, at any regular session for receiving such evidence, the Selectmen shall place on the list of voters the name of every person known by or proved to them to be so qualified, whether he applies therefor or not. lb. § 5. 6. When a person of foreign birth exhibits papers of natu- ralization, issued to him in due form by a court having juris- diction, to -the selectmen of his town, if satisfied of tlieir genuineness, and that such person is entitled to vote, they shall approve such papers by a written indorsement thereon, with the date thereof, signed by one of them ; register in a book kept for that purpose the name of the person, the date of the papers, the date of approval, and the name of the court by which they were issued ; cause the name of such person to be entered on the list of voters ; and continue his name on the successive lists so long as he continues to reside there, and is in other respects qualified to vote. If they are of opinion that such papers are not genuine, or were not issued to the person presenting them, or that he is not for other cause a legal voter, they shall not approve them, or perform the other acts required ; but he shall not, by their refusal to approve his papers, or to enter his name, be deprived of his right to vote, upon satisfactory proof of it. lb. § 6. 7. In every town containing more than five hundred voters, the selectmen shall be in open session on one or more secular days next preceding any sucb election, for 3* 30 MAINE TOWNSMAN. the pui-pose aforesaid. lb. § 8. But if one thousand vot- ers, see § 3, above. . , 8. In every town, the selectmen shall be in session on ttie day of any such election, to receive and decide on such appli- cations, at some convenient place, for so long a time i™™e- diately precedmg the opening of the polls as they think faecessary, and shall hear and determine any such application at any time before the polls are closed ; but, when the town contains five thousand inhabitants or more, no such application shall be received after three o'clock in the afternoon of said day. lb. § 9. 9. The selectmen shall order notice of the time and place of all their sessions, required or authorized in the three pre- ceding sections, to be given in the warrant for calling the town meetings. lb. § 10. 10. The selectmen shall make out a correct and alpha- betical list of the inhabitants in their towns qualified to vote in the choice of town officers, and deposit it in the office of the town clerk, and post up a copy thereof in one or more pubhc places in such town, on or before the twentieth day of February annually. lb. § 11. 11. The form of the list of voters, which must be arranged alphabetically, may be — An alphabetical list of the voters in the town of , in the county of , as made out by the selectmen, the day of , A. D. 18—. A. B., C. D., E. F., G. H., I. O. 12. They shall be in session at some convenient time and place, by them notified in the warrant for calling the meeting in such town, on the secular day next preceding the day of annual election of town officers in the month of March, or on the morning of the day of election, and for so long a time as they judge necessary, to receive evidence of the qualifications of persons claiming to have their names entered on said list. lb. § 12. See Sec. 3. 13. The aldermen and assessors of the cities shall prepare lists of the qualified voters in the several wards thereof for elections of goyernpr, representatives to Congress, and electors of president and yice president, and for the annual city elec- tions, in the same manner as selectmen and assessors are required to prepare them for tpwns, the aldermen performing the duties pf selectmen ; and the ^ardejis shall be governed by said lists, lb. f 13, NOTIPyiNG MEETINGS. 31 14. It shall be the duty of the town clerk to hare the list of voters provided by the eleventh and twelfth sections of Revised Statutes, chapter 4, at every town meeting held for the choice of town officers required by law to be chosen by ballot, and the same shall be kept and used as a check list at the polls by said clerk or moderator at such meeting in the same manner as is prescribed for selectmen or asses- sors, by section twenty-one of said chapter : provided that such use shall be demanded by one-third of the voters present. Act Feb. 22, 1858. CHAPTER IX. NOTIFTINa MEETINGS. 1. Meetings of elections notified. 2. Form of a warrant, 3. Same subject. 4. Form of return of warrant. 5. Neglect to issue warrant, penalty. 6. Neglect of constable to summon voters. 7. Copy of record of warrant sufficient. 1. The selectmen of every town, by their warrant, shall cause the inhabitants thereof, qualified according to the con- stitution, to be notified and warned seven days at least before the second Monday of September annually, to meet at some suitable place designated in said warrant, to give in their votes for governor, senators, and representatives, as the con- stitution requires ; and such meeting shall be warned in the manner legally established for warning other town meetings therein. R. S. c. 4, § 14. 2. The form of a warrant i — To , constable of the town of . Tou are hereby required, in the name of the State of Maine, to notify and warn the inhabitants of said town of , qualified as the constitution requires, to assemble at , on the day of , at o'clock in the noon, to give in their votes for governor, senators, and representatives, (or representative,) to represent them in the legislature of this state. The selectmen will be in session at , on the day 0$ , at o'clock in the noon, for the purpose of correcting the list of voters. Dated at , the day of , A. D. 18 — . A. B.^ • CD.)- Selectmen of . E. F.) 32 MAINE TOWNSMAN. 3. In warning as above for the choice of register of deeds, county treasurer, or other county officers, the revised statutes prescribe that instead of the words, " as the constitution re- quires," should be substitutedthewords, "to vote for repre- S Gil 1 3it i VG S • " 4. The' form of a return on the back of the warrant by the constable : — , August — , 18 — . Pursuant to the within warrant. to me directed, I have notified and warned the inhabitants of said town of , qualified 'as therein expressed, to assemble at the time and place, and for the purposes therein mentioned, by posting up an attested copy of such warrant at , being a public and conspicuous place in said town, on the day of , being seven days before said meeting. A. B., Constable of . 5. If the aldermen of cities, selectmen of towns, or asses- sors of plantations neglect to issue their warrant as required by law for a meeting for the choice of state or county officers, representatives to the legislature or to Congress, or of electors of President and "Vice President of the United States, they shall each fljrfeit fifty dollars to their city, town, or plantation, to .be recovered in an action of debt by the treasurer thereof, or by any citizen thereof when said treasurer is a member of the delinquent board. R. S. c. 4, § 49. 6. If any constable or other person, legally required to sum- mon the voters of a city, town, or plantation to assemble at any meeting for the choice of any officers mentioned in the preceding section, neglect to do so, or to make due return of the warrant therefor, he shall forfeit twenty-five dollars to his city, town, or plantation for each offisnse, to be recovered as provided in the preceding section ; but if he wilfully neglects or refuses to do so, he shall forfeit not less than fifty, nor more than two hundred dollars, half to the state, and half to the prosecutor, to be recovered by indictment. lb. § 60. 7. A copy of the record of the warrant for calling the town meeting is competent evidence, without producing the original warrant, or showing its loss. 21 Maine B. 63. # PEOCEEDINGS AT ELECTIONS. 83 CHAPTEE X. PROCEEDINGS AT ELECTIONS. 1. Time of opening the meeting. 2. Power of presiding officers. 5. Liability of selectmen for not receiviag a legal Tote. 4. Illegal voting. 6. Selectmen pro tempore. 6. Same subject. 7. Same sul^ect. 8. Votes to be brought on one ballot. 9. What vote should be counted. 10. Check list ; ballot boxes. 11. Totes shall have no distinguishing mark. 12. Penalty for not keeping check lists, &c. 13. Choice of county and other officers. 14. Result of ballotings ascertained. 15. Misconduct of a voter, penalty. 16. Double voting, when. 17. Illegal votes, effect oL 1. No meeting for the election of state officers shall be opened before ten o'clock in the forenoon, on the day of such election, unless the number of voters in such town shall ex- ceed five hundred ; in which case an earlier and suitable time in the day may be appointed by the selectmen. E. S. c. 4, §15. 2. The selectmen, or other officers authorized and required by the constitution and laws to preside at any such meeting, shall have all the power of moderators of town meetings ; and it shall be their duty to refuse the vote of any person not qual- ified to vote. lb. § 16. 3. The selectmen are liable for refusing the vote of one legally qualified, even if that refusal is the result of an honest mistake, an error in judgment ; yet where they acted in good faith, the jury would give slight damages. 12 Pick. R. 485. 4. Any person not a legal voter is liable for voting, even if his name is on the list of voters, or although he did not know what were the qualifications of a voter ; but in the latter case the liability would be nominal. 5. If a majority of the selectmen is absent from any such meeting duly warned, or, being present, neglect or refuse to act as such, and to do all the duties required of them, the voters at such meeting may choose so many selectmen pro tempore, as may be necessary to constitute or complete the number com., petent to do the duties, E. S. c. 4, § 17. 6. I)uring the choice of such selectmen pro tempore any 34 MAINE TOWNSMAN. selectman present may act as moderator ; if no selectmen are present, or if those present neglect or refuse to act as such, the town clerk shall preside ; and the person so acting or pre- siding shall have all the powers and discharge the duties of moderator. lb. § 18. 7. The selectmen pro tempore, accepting the trust, shall be sworn faithfully to discharge the duties of the said office, so far as relates to such meeting and election ; and in making a record and return of the votes, as the constitution or laws require, and in aU matters incidental to the trust, shall have the powers of permanent selectmen, and be subject to the same duties and liabilities. lb. § 19. 8. At every meeting for the choice of governor, senators, representatives, and other public officers requiring the like qualifications in the electors, the selectmen or other officer presiding shall require the electors to give in their votes for the officer or officers to be chosen on one list or ballot, or so many of such officers as the voter determines to vote for, des- ignating the intended office of each person voted for. lb. §20. 9. Any ballot having on it the name of one person for any office, should be counted a vote as to such office. 10. The selectmen or other officers presiding at any elec- tion shall keep and use the check list required at the poUs during the election of any such officers, and have and use suitable ballot boxes, to be furnished at the expense of the town ; and no vote shall be received unless delivered by the voter in person, nor until the presiding officer or officers have had opportunity to be satisfied of his identity, and shall find his name on the list, and mark it, and ascertain that his vote is single ; nor shall more than one ballot box be used for re- ceiving votes at any election at any one time. R. S. ch. 4, § 21, as amended by Act April 10, 1863. 11. No ballot shall be received at any election of state or town officers unless in writing or printing upon clean white paper, without any distinguishing mark or figures thereon besides the name of the person voted for, and the offices to be filled ; but no vote shall be rejected on this account after it is received into the ballot box. lb. § 22. 12. If such selectmen or assessors willfully neglect or refuse to keep and use a check list, as provided in section ten, or willfully receive any vote prohibited by section eleven, they shall each forfeit not less than fifty, nor more than one hundred dollars. lb. § 52. 13. All town meetings, required to be held for the election PROCEEDINGS AT ELECTIONS. 35 of county treasurer, of register of deeds, or of representatives to Congress, or of electors of President or Vice President of the United States, or for the determination of questions ex- pressly submitted to the people by the legislature, as to calling, notifying, and conducting them, shall be subject to the regu- lations made in this chapter for the election of governor, sen- ators, and representatives, unless otherwise provided by law. lb. § 24 14. In order to determine the result of any election by bal- lot, the number of persons who voted at such election shall first be ascertained by counting the whole number of separate ballots given in, which shall be distinctly stated, recorded, and returned. Blank pieces of paper and votes for person's not eligible to the office shall not be counted as votes ; but the number of such blanks, and the number and names on ballots for persons not eligible, shall be recorded, and return made thereof. In case of representatives to Congress and to the state legislature, registers of deeds, county and state oflicers, except where a different rule is prescribed in the constitution, the person or persons, not exceeding the number to be voted for at any one time for any such office, having the highest number of votes given at such election, shall be declared to be elected. If, by reason of two or more of the persons having the highest number of votes receiving an equal number, the election of the requisite number of ofllicers cannot be declared without declaring more than the requisite number elected, no one of those having an equal number of votes shall be de- clared to be elected. In all other cases, no person shall be deemed or declared to be elected who has not received a ma- jority of the whole number of votes counted as aforesaid ; and if a number greater than is required to be chosen receive a majority of the' whole number of votes so given, the number so required, of those who have the greatest excess in votes over such majority, shall be declared to be elected. If the number to be elected cannot be so completed by reason of any two or more of such persons having received an equal number of votes, the persons having such equal numbers shall be declared not elected. lb. § 2.5. 15. At any meeting for the election of any public officer, where a list of voters is necessary, if any person willfully votes before the presiding officer has had opportunity to find his name on said list, or knowing that it is not on it, or willfully gives any false answer or statement to the selectmen or other officers when previously preparing such list, or presiding at 38 MAINE OXJWNSMAN. such meeting, in order that his name may be entered on such list, or his vote received, or casts more than one vote at one balloting, or is disorderly at such meeting, he shall forfeit, for each offense, not exceeding one hundred nor less than ten dollars. lb.. § 61. 16. The offense of double voting may be committed, al- though the presiding officer may not keep a check list, and although he may throw out the ballots after the double voting has taken place, and commence the voting again. 21 Maine R. 62. 17. It is not a valid objection to an election that illegal votes were received, if they did not change the result. 21 Pick. R. 148. CHAPTER XI. ELECTION OF GOVERNOE. 1. How elected. | 4. Govemor'B power. 2. Qualiflcations. I 6. Vacancy, how filled. S, If not elected, yvhat. | 1. The meeting for the election of governor shall be noti- fied, held, and regulated, and the votes shall be received, sorted, counted, declared, and recorded, in the same manner 'as those for senators and representatives. They shall be sealed and returned into the secretary's office in the same manner, and at the same time, as those for senators. Const art. 5, § 3. 2. The governor shall, at the commencement of his term, be not less than thirty years of age, a natural born citizen of the United States, have been five years a resident in the state, and at the time of his election, and during the term for which he is elected, be a resident of the state. No person holding any office or place under the United States, this state, or any other power, can exercise the office of governor. lb. §4,5. 3. A majority of all the votes returned are necessary to an election. If no person has a majority, the House of Rep- resentatives shall, by ballot, elect two from the persons having the four highest number of votes, if so many there be, and return them to the Senate ; and the Senate shall, by ballot, elect one of them governor. lb. § 3. ELECTION OF SENATORS. 37 4. The governor is commander-in-chief of the army .and navy of the state, and of the militia, except when called into the actual service of the United States. lb. § 7. 5. When the office of governor becomes vacant, the presi- dent of the Senate is governor. In case of vacancy in the presidency of the Senate, so acting as governor, the speaker of the House of Representatives shall exercise the office until a president of the Senate is chosen ; and, when all these offices are vacant at the same time, the secretary of state must, by proclamation, convene the Senate, that a president may be chosen to exercise the office of governor. lb. § 14. CHAPTER ZII. ELECTION OF SENATOES. 1. Total number of the senate. 2. Meetings for the choice of senators. 3. Senatorial districts. 4. Eirst district, three senators. 5. Second district, four senators. 6. Third district, two senators. 7. Fourth district, one senator. 8. Fifth district, one senator. 9. Sixth district, one senator. 10. Seventli district, three senators. 11. Eighth district, two senators. 12. Ninth district, one senator. 13. Tenth district, three senators. 14. Eleventh district, one senator. 15. Twelfth district, two senators. 16. Thirteenth district, two senators. 17. Fourteenth district, two senators. 18. Fifteenth district, two senators. 19. Sixteenth district, one senator. 20. Qualiiications of senators. 1. The senate shall consist of not less than twenty nor more than thirty-one members, elected at the same time, and for the same term as the representatives. Const, art. 4, part 2, § 1. 2. The meetings for the choice of senators shall be notified, held, and regulated, and the votes received, sorted, counted, declared, and recorded, in the same manner as those for representatives. And fair copies of the list of the voters shall be attested by the selectmen and town clerks of towns, and assessors and clerks of plantations, and sealed up in open town and plantation meetings ; and the town and plantation clerks respectively shall cause the same to be deliv- ered into the secretary's office, thirty days at least before the first Wednesday of January. Const, art. 4, § 3. 3. The State is divided into sixteen districts for the choice of sen- ators, and each district shall be entitled to elect the number of sen- ators herein provided, for the term of ten years. Resolves, 1861. 4. The city of Biddeford and the several towns composing the county of York shall form the first district, and be entitled to elect three senators. 5. The city of Portland an^the several towns composing the county of Cumberland shall form the second district, and be entitled to elect four senators. 38 MAINE TOWNSMAN. 6. The several towns and plantations composing the county of Oxford shall form the third district, and be entitled to elect two senators. 7. The several towns composing the county of Androscoggin shall form the fourth district, and be entitled to elect one senator. 8. The several towns and plantations composing the county of Franklin shall form the fifth district, and be entitled to elect one senator. 9. The city of Bath and the several towns composing the county of Sagadahoc shall form the sixth district, and be entitled to elect one senator. 10. The several cities, towns and plantations composing the coun- ty of Kennebec shall form the seventh district, and be entitled to elect three senators. 11. The several towns and plantations composing the county of Somerset shall form the eighth district, and be entitled to elect two senators. 12. The several towns and plantations composing the county of Piscataquis shall form the ninth district, and be entitled to elect one senator. 13. The city of Bangor and the several towns and plantations composing the county of Penobscot shall form the tenth district, and be entitled to elect three senators. 14. The several towns and plantations composing the county of Lincoln shall form the eleventh district, and be entitled to elect one senator. 15. The city of Rockland and the several towns and plantations composing the county of Knox shall form the twelfth district, and be entitled to elect two senators. 16. The city of Belfast and the several towns and plantations composing the county of Waldo shall form the thirteenth district, and be entitled to elect two senators. 1 7. The several towns and plantations composing the county of Hancock shall form the fourteenth district, and be entitled to elect two senators. 18. The city of Calais and the several towns and plantations com- posing the county of Washington shall form the fifteenth district, and be entitled to elect two senators. 1 9. The several towns and plantations composing the county of Aroostook shall form the sixteenth district, and be entitled to ele6t one senator. 20. The senators shall be twenty-five years of age at the com- mencement of the term for which they are elected, and in all other respects their qualifications shall be the same as those of the repre- sentatives. Const, art. 4, part 2, § 6. ELECTION OP REPRESENTATIVES TO LEGISLATURE. 39 CHAPTER XIII. ELECTION OF EEPKESENTATIVES TO THE STATE LEGISLATUEE. 1. Total number of the House of Kepre- Bentatives. 2. Meetings ]for the choice of representa- tives. 8. Vacancies may be filled. 4. Plurality elects. | 5. Meetings when no choice made. 6. Notice of contested elections. 7. Form of certificate of election. 8. Return of votes in writing. 9. Qualifications of representatives. 1. The House of Representatives shall consist of one hun- dred and fifty-one members. Amt. of Con. 1842. 2. The meetings for the choice of representatives shall be warned in due course of law by the selectmen of the several towns, seven days at least before the election ; and the select- men shall preside impartially at such meetings, receive the votes of all the qualified voters present, sort, count, and de- clare them in open town meeting, and in presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, and make a fair record thereof, in presence of the selectmen, and in open town meeting ; and a fair copy of this list shall be attested by the selectmen and town clerk, and delivered by said selectmen to each representative within ten days after such election. Const, art. 4, § 5, part 1. 3. Whenever the seat of a member shall be vacated by death, resignation, or otherwise, the vacancy may be filled by a new election. lb. art. 3, § 6. 4. A plurality of votes is sufficient to elect representatives. 5. When, at a town meeting held for the election of repre- sentatives to the state legislature, by reason of two or more persons having an equal number of votes, a choice is not effected of any or all the representatives to which the town is entitled, the meeting shall be adjourned to the same day of the week following, and to the same hour and place at which the first meeting was called ; and at such adjourned meeting the voters shall give in their votes for so many representatives 40 MAINE TOWNSMAN. as are necessary to make up the number to which said town is entitled ; and like adjournments shall be had until the full number is elected. R. S. c. 4, § 23. 6. When any person intends to contest, before the House of Representatives of this state, the right of any person to his seat therein, who has been duly returned as a member thereof, he shall notify the person so returned of such intention, at least twenty days before the first Wednesday of January, by delivering to him in hand, or leaving at his last and usual place of abode, a written specification of his objections to the validity of such return, if the meeting at which the person returned claims to iave been elected was held at least thirty days before the first Wednesday of January ; and depositions may be then taken as in actions pending. lb. § 46. 7. The form of a certificate of the election of representa- tive may be as follows : — STATE OF MAINE. At a legal meeting of the inhabitants of the town of • in the county of , qualified by the constitution to vote for representotives, held on the second Monday of September, being the day of said month, A. D. , the said inhab- itants gave in their votes for a representative to represent them in the legislature of this state ; and the same were re- ceived, sorted, counted, and declared in open town meeting by the selectmen who presided, and in the presence of the town clerk, who formed a list of the persons voted for, and made a record thereof as follows : — For A. B. votes. For C. D. votes. The whole number of votes given in was . A. B. ^ C. D. >■ Selectmen of . E. F. ) Attest, A. B., Town Cleric. 8. The votes given in must be in writing, and not in fig- ures ; and the number of votes for each candidate, and the aggregate number, must be inserted in the return. 9. No person shall be a member of the House of Repre- sentatives unless he shall, at the commencement of the period for which he is elected, have been five years a citizen of the United States, have arrived at the age of twenty-one years, ELECTION OP REPRESENTATIVES IN CLASSED TOWNS, 41 have been a resident in this state one year, and for the three months next preceding the time of his election shall have been, and during the period for which he is elected shall con- tinue to be, a resident in the town or district which he repre- sents. Const, art. 4, part 1, § 4. CHAPTER XIV. ELECTION OF EEPRBSENTATIVES IN CLASSED TOWNS. 1. MeetiDgs of selectmen of classed towns. 2. Selectmen of oldest town appoint the place. 3. The form of appointing snch meetings. 4. Proceedings at such meetings. 6. Form of a warrant. 6. When a choice is made. 7. Form of a certificate of election, 8. Vacancies in classed towns. 9. When a choice is made. 10. Power of classed towns and planta- tions. 1 , The towns and plantations organized by law, belonging to any class, shall hold their meetings at the same time in the respective towns and plantations ; and the town and plantation meetings in such towns and plantations shall be notified, held, and regulated, the votes received, sorted, counted, and de- clared, in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have and are subject to by this constitution. And the.selectmen of such towns, and the assessors of such plantations, so classed, shall, within four days next after such meeting, meet at some place to be pre- scribed and notified by the selectmen or assessors of the eldest town or plantation in such class, and the copies of said lists shall be then examined and compared ; and in case any person shall be elected by the highest number of votes, the selectmen or assessors shall deliver the certified copies of such lists to the persons so elected within ten days next after such elec- tion ; and the clerks of towns and plantations respectively shall seal up copies of all such lists, and cause them to be delivered into the secretary's office twenty days at least before the first Wednesday in January annually; but, in ease no person shall have the highest number of votes, the selectmen and assessors shall, as soon as may be, notify another meeting, and the same proceedings shall be had at every future meet- ing until an election shall have been effected : provided, that the legislature may by law prescribe a different mode of 4* 42 MAINE TOWNSMAN. Tetuming, examining, and ascertaining the election of the rep- resentatives in such classes. Const, art 4, § 5, as amended. 2. "When two or more towns or plantations are classed for the purpose of choosing a representative to the legislature, the selectmen of the oldest town in such district shall appoint a time and place for the meeting of the selectmen of the several towns therein, and give reasonable notice thereof to the other selectmen, for the purpose of examining copies of the lists of votes for representatives as prescribed by the constitution, where no time or place of meeting has been otherwise estab- lished. "When thus assembled, the selectmen of aU the towns, by a majority of votes reckoned by towns, shall determine the time and place for their future meetings in said district for the purpose aforesaid ; and such time and place shall continue fixed until altered by a like vote. R. S. c. 4, § 41. 3. The form of such appointment and notice : — The selectmen of the town of to the selectmen of the town of . Gentlemen : The subscribers, selectmen of the town of -, being the oldest town in the representative district, com- posed of the towns of , hereby give you notice that we have appointed a meeting of the several selectmen in said district, to be held at , in the town of , on the day of , at — o'clock in the noon, for the purpose of examining the lists of votes for representatives in said classed towns, at which time and place, and for which purpose, you are requested to attend. Dated at , this day of , A. D. 18 — . A. B. ■> C. D. y Selectmen of . E. F.) 4. "When, at any such meeting of selectmen, on comparing the lists of votes, it appears that no person is elected, they shall issue their warrant in legal form for another meeting, to be held three weeks after such first meeting, in their respective towns, at the same hour and place as the former ; and said selectmen shall again meet, within four days after such second trial, as provided in the constitution. If it still appears that no choice is made, the same proceedings shall be repeated every three weeks until a choice is made. R. S. c. 4, § 42. 5. Form of a warrant, as in the preceding section : ELECTION OP REPRESENTATIVES IN CLASSED TOWNS. 43 To , a constable of the town of You are hereby required, in the name of the State of Maine, to notify and warn the inhabitants of the town of , quali- fied by the constitution to vote in the election of representa- tives to the state legislature, to assemble at , in said town, on the day of , at — o'clock in the noon, to give in their votes for a person to represent said town in the state legislature of this state, in the representative district composed of the towns of — — . Given under our hands at , this day of , A. D. 18—. A. B. ) 3. D. L C. D. V Selectmen of . E. F.) 6. When it appears to the selectmen so assembled that an election of a representative is made, they shall deliver to him certified copies of the lists of votes within ten days after election, or sooner if required by him. E. S. c. 4, § 43. 7. Form of a certificate of election : — At a legal meeting of the inhabitants of the towns of • qualified by the constitution to vote for representatives to the state legislature, to give in their votes for a representative to represent said towns as a representative district in the state legislature, the same were received, sorted, counted, and de- clared in open town meeting by the selectmen of said towns who presided, and in the presence of the clerks of said towns, who formed lists of the persons voted for, and made record thereof, as follows : — Town of , A. B. votes for representative. Town of , C. D. votes for representative. Town of , A. B. votes for representative. Town of , C. D. votes for representative. votes. The whole number of ballots given in was ; and, the said A. B. having the highest number of all the votes given in, the said selectmen of said towns have delivered to him. certified copies of said lists of -votes as aforesaid. Given under our hands this day of , A. D. 18^. A. B.; Selectmen of ■ Selectmen of ■ 44 MAINE TOWNSMAN. 8. "When the selectmen of the oldest town in a district are duly notified, or otherwise satisfied, that the seat of their rep- resentative has been vacated, they shall, as soon as may be, leaving a convenient time for calling meetings in the several towns, appoint a day of election to fill such vacancy, and notify the selectmen of the other towns accordingly. R. S. c. 4, § 44. 9. The selectmen of the several towns shall call meetings upon the day appointed, and proceedings shall then be had as required by the constitution and laws for the election of rep- resentatives on the second Monday of September ; and said selectmen shall meet within four days thereafter to examine the list of votes, and, if a choice has been made, shall deliver copies of the lists to the persons elected, as provided in section six; otherwise such proceedings shall be had as are pro- vided in section four. The provisions of this chapter apply to the assessors of plantations, as well as selectmen of towns. E. S. c. 4, § 45. 10. Towns and plantations classed into districts for the choice of a representative, have a right to choose one, though a majority of the towns may vote not to send. 6 Maine K. 486. CHAPTER XV. APPORTIONMENT OP REPKESENTATITES. 1. County of Androscoggin. 2. County of Aroostook. 3. County of Cumberland. 4. County of Franklin. 5. County of Hancock. 6. County of Kennebec. 7. County of Knox. 8. County of Lincoln. 9. County of Oxford. 10. County of Penobscot. 11. County of Fiscatiiquis. 12- County of Sagadahoc. 13. County of Somerset. 14. County of Waldo. 15. County of Washington, la. County of York. 1?. Apportionment not to be altered. The following is a full analysis of the "Resolve for apportioning one hundred and fifty-one representatives among the several counties, cities, towns, plantations, and classes in the State of Maine at the fifth apportionment, passed March 16, 1861. 1. County of Androscoggin, eight, viz. : Auburn, one ; Durham, Lisbon, and Webster, one ; Greene, Leeds, and East Livermore, one ; Lewiston, two ; Minot and Danville, one; Turner and Livermore, one; Poland, one for the APPORTIONMENT OP REPRESENTATIVES. 45 years eighteen hundred sixty-two, eighteen hundred sixty- three, eighteen hundred sixty-five, eighteen hundred sixty- six, eighteen hundred sixty-seven, eighteen hundred sixty- nine, eighteen hundred seventy, eighteen hundred seven- ty-one ; Wales, one for the years eighteen hundred sixty- four and eighteen hundred sixty-eight. 2. County of Aroostook, six, viz. : all of the three first rangsB of townships south of the north line of Hodgdoo, Linneus and number five range three, and east of the west line of range three, one; Houlton, Littleton, Monticello, New Limerick, Belfast Academy Grant, township B range two and letter C range two, one ; Presque Isle, Maysville, Bridgewater, and plantations letter B range one, Fremont and Mapleton, andMars Hill, township D range two,E range two, Deerfield Academy Grant, Westfield Academy Grant, eleven range three, and twelve range four, one ; townships number six, seven, eight, nine, and ten range three, all of the fourth range south of the north line of township num- ber eleven range four, all of the fifth, sixth, seventh, and eighth ranges of townships south of the north lines of townships twelve range five, twelve range six, twelve range seven, and twelve range eight, one ; Fort Faii-field, Sarsfield plantation. Limestone plantation, F range one, Lyndon, Eaton Grant, Forrestville plantation, K range two, Washburn, fourteen range three, fifteen range three, thirteen range foui-, fourteen range four, fifteen range four, thirteen range five, fourteen range five, fifteen range five, thirteen range six, fourteen range six, fifteen range six, thirteen range seven, fourteen range seven, fifteen range seven, thirteen range eight, fourteen range eight, and fif- teen range eight, one ; all of Aroostook lying north and west of a line commencing at the south-east corner of let- ter G range one, on the boundary line, thence west on the south line of letter G range one, and letter L range two, to the south-west corner of L range two, thence south to the south-east corner of sixteen range three, thence west on the south line of sixteen range three, sixteen range four, sixteen range five, sixteen range six, sixteen range seven, and sixteen range eight, to the eouth-west corner of sixteen range eight, thence south on the west line of the eighth range of townships to the north-east corner of the county of Piscataquis, thence west on the southern boun- dary of the county of Aroostook to the western boundary of the State, one. 46 MAINE TOWNSMAN. 3. County of Cumberland, eighteen, viz.: Portland, four ; Brunswick, one ; Cape Elizabeth, one ; Westbrook, one ; Gorbam, one ; Freeport, one ; Bridgton and Harri- son, one ; Baldwin and Standish, one ; Windham and Scarborough, one ; New Gloucester and Gray, one ; Otis- field, Casco, and Naples, one ; Yarmouth and North Tar- mouth, one ; Falmouth and Pownal, one ; Cumberland and Raymond, one ; Harpswell, one for the years eighteen hundred sixty-three, eighteen hundred sixty-four, eighteen hundred sixty-six, eighteen hundred sixty-seven, eighteen hundred sixty-nine, and eighteen hundred seventy ; Seba- go, one for the years eighteen hundred sixty-two, eighteen hundred sixty-five, eighteen hundred . sixty-eight, and eighteen hundred seventy-one. 4. County of Franklin, five, viz. : Farmington and New Vineyard, one ; Industry, New Sharon, and Chesterville, one ; Wilton, Jay, Carthage, number four, one ; Weld, Phil- lips, Avon, Madrid,letter E, number six, one ; Strong, Salem, Temple, Kingfield, Freeman, Jackson plantation, Rangely plantation, Enstis plantation, Rangely, Sandy River plan- tation, number four range two Bingham purchase, south half number four range three Bingham purchase, and Per- kins plantation, together with all the territory in Franklin county not included in any other district, one. 5. County of Hancock, nine, viz. : Ellsworth, one ; Bucksport and Verona, one ; Orland, Castine, and Brooks- ville, one ; Penobscot, Sedgwick, Brooklin, and Long Island plantation, one; Blnehill, Surry, and Dedham, one; Mt. Desert, Eden, Tremont, and Cranberry Isle, one ; Deer Isle, Swan's Isle, anc^ all other islands in said county not included in any other district, one ; Gouldsboro', Sullivan, Franklin, Eastbrook, and townships and plantations num- ber seven, eight, nine, ten, and twenty-one,- one ; Trenton, Hancock, Waltham, Mariaville, Otis, Amherst, Aurora, plantation number thirty-three, and all other plantations and townships not included in any other district, one. 6. County of Kennebec, thirteen, viz'. : Readfield, Mt. Vernon, and Vienna, one ; Winthrop, one for the years eighteen hundred sixty-three, eighteen hundred sixty-five, eighteen hundred sixty-six, eighteen hundred sixty-eight, eighteen hundred seventy, and eighteen hundred seventy- one ; Wayne, one for the years eighteen hundred sixty- two and eighteen hundred sixty-seven ; Fayette, one for the years eighteen hundred sixty-four and eighteen hun- APPORTIONMENT OF REPRESENTATIVES. 47 dred sixty-nine ; Hallowell, one for the years eighteen bundled sixty-three, eighteen hundred sixty-five, eighteen hundred sixty-six, eighteen hundred sixty-eight, eighteen hundred seventy, and eighteen hundred seventy-one ; Chelsea, one for the years eighteen hundred sixty-tM'o and eighteen hundred sixty-seven ; Manchester, one for the years eighteen hundred sixty-four and eighteen hundred sixty-nine ; Litchfield and Monmouth, one ; Gardiner, one; Pittston, West Gardiner, and Farmingdale, one ; Augusta, two ; China, Albion, Clinton Gore, and Unity plantation, one ; Vassalboro' and Windsor, one; Benton, Clinton, and Winslow, one ; Sidney, Belgrade, and Rome, one ; Water- ville, one. 7. County of Knox, eight, viz. : Camden, one ; North Haven, Vinalhaven, and South Thomaston, one ; St. George, Cushing, and Friendship, one ; Thoraaston, Ma- tinicus. Mussel Ridge, Otter and Cranberry Islands, one ; Appleton, Washington, and Hope, one ; Union and War- ren, one ; Rockland, two. 8. County of Lincoln, seven, viz. : Waldoborough, one; Bristol, Bremen, Monhegan and islands, one ; Jefferson, one for the years eighteen hundred sixty-two, eighteen hundred sixty-four, eighteen hundred sixty-six, eighteen hundred sixty-eight, and eighteen hundred seventy ; Whitefield, one for the years eighteen hundred sixty-three, eighteen hundred sixty-five, eighteen hundred sixty-seven, eighteen hundred sixty-nine, and eighteen hundred seven- ity-one ; Wiscasset, Edgecomb, and Southport, one ; New- castle, Dresden, and Alna, one ; Damariscotta, Noble- borough, and Somerville, one ; Boo^Jibay and Westport, one. 9. County of Oxford, nine, viz. : Porter, Brownfield, and Fryeburg, one ; Hiram, Denmark, Lovell, and Stow, one ; Sweden, Waterford, Albany, Stoneham, Mason, Fryeburg Academy Grant, and Gilead, one ; Oxford, Nor- way, and Greenwood, one ; Hartford, Canton, Dixfield, and Mexico, one ; Paris, Hebron, Franklin plantation, Milton plantation, one ; Bethel, Hanover, Newry, Grafton, Upton, letter A, number five range one, number five range two, Hamblin's Grant, and Andover north and west surplus, one ; Buckfield, Woodstock, and Sumner, one ; Rumford, Andover, Byron, Roxbury, and Peru, one. 10. County of Penobscot, eighteen, viz.: Bangor, three; ,Hampden and Veazie, one ; Oldtown, one ; Orouo and 48 MAINE TOWNSMAN. Gl^nburn, one ; Brewer and Orrington, one ; Dexter and Corinna, one ; Exeter and Garland, one ; ITewburg, Dix- mont, and Etna, one ; Hermon, Carmel, and Levant, one ; Newport, Stetson, and Plymouth, one ; Charleston, Brad- ford, and Lagrange, one ; Corinth, Hudson, Kenduskeag, and Alton, one; Hol• Selectmen of — — . E. F.) Attest, , Town Clerh 15. Eepresentatives to Congress are elected by plurality. R. S. c. 4, § 25. They must be twenty-five years of age, and have been seven years a citizen of the United States, and, when elected, an inhabitant of the state in which they shall be chosen. Const. U. S. Art. 1, § 2. COUNTY OFFICERS. 53 CHAPTER XVII. ELECTION OF REGISTER OF DEEDS, COUNiy TREASURER, AND 0THi2R COUNTY OFPICERS. 1. Register of deeds, when chosen. 2. Meetings for the electiim of register. .3. When no choiee. 4. Registry districts. 5. County treasurer, when chosen. 6. Meetings for the election of treasurer. 7. Vacancy. 8. County officers, when chosen. 9. Other ofi&cers. 1. In each county and in each registry district there shall be chosen by ballot, by such persons as are qualified to vote for representatives at town and plantation meetings, on the second Monday of September, and every five years thence following, some person to be register of deeds. E. S. c. 7, § 2. 2. The meetings for election of register of deeds shall be notified, held, and regulated, and the votes received, sorted, counted, declared, and recorded, in the same manner as votes for representatives ; and fair copies of the lists of votes shall be attested by the municipal ofiicers and clerks of towns, and sealed up in open town meeting ; and the town clerks shall cause them to be delivered into the office of the clerk of the county commissioners on or before the first day of their meet- ing next after the said month of September. The person elected must be sworn, and give sureties in two thousand dol- lars, lb. § 3. 3. "When there is no choice of a register of deeds, the county commissioners shall issue their warrants to the munici- pal officers of the towns in such county to call meetings of the qualified voters, to vote for a register of deeds ; and the votes shall be received, sorted, counted, and certified, and the same proceedings had, as mentioned in the above section. lb. § 6. 4. The registry districts, referred to in the first section, are as follows : The towns of St. George, Thomaston, Rockland, South Thomastonj Gushing, Friendship, "Warren, Union, Wash- ington, Matinicus plantation, and Muscle Ridge Island, in the county of Lincoln, shall compose the eastern registry district of Lincoln county, and the register shall keep his office at Thomaston. The towns of Hiram, Porter, Brownfield, Den- mark, Fryeburg, Sweden, Lovell, Stoneham, and Stowe, ii) 5* 54 MAINE TOWNSMAN. the county of Oxford, shall compose the western registry dis- trict of Oxford county, and the register shall keep his office at Fryeburg. All that part of the county of Aroostook lying north of a line commencing in the south-east corner of town- ship E, in the first range west from the east line of the state ; thence west on the south line of said township and the south line of township I, in the second range, to township numbered fourteen in the third range ; thence south to the north-east corner of township numbered thirteen in the third range ; thence west' on the dividing Une of townships thirteen and fourteen, to the seventh range line ; thence due west to the west line of the state, shall compose the northern registry dis- trict of Aroostook county, and the register shall keep his office in Madawaska plantation in said district. lb. §§ 7, 8, 9, as amended by Act Feb. 18, 1858. 5. In each county there shall be annually chosen on the second Monday of September, by the ballots of such persons as are by the constitution authorized to vote for representa- tives, some person resident in such county for a county treas- urer, lb. c. 8, § 2. 6. The meetings for their election shall be notified, held, and all proceedings as provided for the election of register of deeds. lb. § 3. 7. If a person so chosen declines to accept, or a vacancy occurs from any cause, the commissioners may appoint a suit- able jperson of the county to that office, who, having accepted the trust, given bond, and been duly sworn, as prescribed in the preceding section, shall be treasurer for the remainder of the year and until another is chosen and quaUfied. lb. § 5. 8. Clerks of courts, county attorneys, and county commis- sioners are chosen for three years each. ^ 9. The constitution has been so amended, that judges and registers of probate, sheriffs, and municipal and police judges are elected by the people, instead of being appointed, as here- tofore, by the governor. ELECTIONS IN CITIES. 56 CHAPTER XVIII. ELECTIONS IN eiTIES. 1. Voters to meet ia wards. 2. Warden pro tern. 3. Voters on Islands in Portland. 4. Proceedings at their meetings. 6. Voting for city representatives* 6. When no choice. 7. Aldermen to be in session. 8. Same subject. 9. Kemovalof votersfromtheirwards, 10. Change of ward limits. 11. Posting lists. 12. Election of wardens and clerks. 1. For tLe purpose of elections, the inhabitants of cities shall meet as the constitution requires, in ward meetings, to be notified and warned, as town meetings for similar purposes are. The warden shall preside ; the clerk shall make such record as the constitution requires ; and the city constables shall preserve order. E. S. c. 4, § 33. 2. If the warden is absent from any such meeting, or refuses or neglects to preside, a warden pro tempore shall be chosen, and during such choice the ward clerk shall preside ; and the warden pro tempore, accepting the trust, shall be duly sworn, and have the power and perform the duties of warden of such meeting, and be liable to like penalties. lb. § 34. 3. The qualified electors of the ward composed of the islands within the city of Portland may meet as provided in the first section, and also for the choice of city officers, on either of said islands, which a majority of such electors designate at any meeting legally held for the purpose. lb. § 35. 4. 'The warde* thereof shall preside impartially at such meetings, receive the votes of all the qualified electors pres- ent, sort, count, and declare them in open meeting, and in the presence of the clerk, who shall make a list of the persons voted for, with the number of votes for each person against his name, and the offices respectively, and in open ward meeting, and in the presence of the warden, shall make a fair record thereof; a fair copy of this list shall be attested by the war- den and clerk, sealed up in open meeting, and delivered to the clerk of ward number one in said Portland within eighteen hours after closing the polls ; and the votes thus thrown shall be deemed as thrown in and belonging to the last-mentioned ward. lb. § 36. 5. In voting for representatives to the state legislature in 56 MAINE TOWNSMAN. the wards of a city, the names shall be on the same ballot with the other officers to be chosen at the meeting by voters of like qualifications, unless the board of aldermen, in their warrant notifying the meeting, require a separate ballot or ballots, which they may do. lb. § 37. 6. When a choice of any such representative is not effected, the aldermen shall call new meetings of the wards for the pur- pose, to be held at the same time, within two weeks after any former meeting ; and the like proceedings shall be had at such meetings as at the first, until a choice is effected. lb. § 38. 7. In cities containing more than two thousand qualified voters, the aldermen shall be in session from nine o'clock fore- noon to one o'clock afternoon, on each of not less than three secular days next preceding any day of election when a list of voters is required, at some central and convenient place, to receive evidence of the qualifications of voters whose names are not on the lists ; and on satisfactory evidence produced at any such session, they shall enter the name of the person found qualified on the list for the proper ward. In cities containing a less number of voters, the aldermen shall hold, prior to the day of election, the same number of sessions for receiving such evidence, as selectmen of towns having a similar number of inhabitants are required to hold. lb. § 39. 8. In every city the aldermen shall be in session on each day of election, when a list of voters is required, from nine o'clock forenoon to one o'clock afternoon, to hear and decide on the applications of persons claiming the right to vote ; and on satisfactory evidence produced, they shall deliver to each such person a written paper by tliem signed, directed to the proper warden, requiring him to enter the name of such person on his list; and it' shall be entered, and his vote re- ceived. For the purposes of this and the preceding section, three aldermen shall be a quorum. Notice of the times and places of all sessions, required by this and the preceding sec- tion, shall be given in the warrant for calling the ward meet- ings. In all elections in cities, the polls shall be open until four o'clock afternoon, and then be closed. lb. § 40. 9. No voter who has removed from oae ward to another in any city, within thirty days next preceding any election, shall vote in the ward to which he has removed, l^ut his name may be placed on the list of the ward from which be has removed, and he may vote therein. Act April 4, 1S5Q. 10. No change in the limits of any ward shall be of any force unless submit- ted to the le^'il voters in such city for their approval. Act January 9, ISOl. 11. In all cities having more than one thousand voters, it shall be the duty of the Aldermen to post up in some public place in each ward a printed or written list of the voters resident in said ward, at least seven days previous to the day of any election. Act March 16, 1861. 12. Wardens and clerks are elected at the same time as the mayor and alder- men, and enter upon their duties the Monday following. Act March 20, 1863. ELECTIONS IN PLANTATIONS. 57 CHAPTER XIX. ELECTIONS IN PLANTATIONS. 1. Plantationa organizetl for elections. 2. Proceedings at their meetings. 3. Plantations may be divided. 4. Lists of votersj prepared and posted. 5. Meetings to vote for state ofQcers. 6. Votes, how received. 7. Annual meetings — constahles. 1. One or more of the county commissioners, on written application by three or more persons qualified to be voters, in- habitants of any unincorporated and unorganized place in their county, may issue a warrant to one of them, requiring him to warn a meeting of the qualified voters of such place, residing within the limits described in the warrant, to be held at some central place therein, and at a time therein specified, by posting up notices of the meeting and of its object in two or more pub- lic places within said limits, at least seven days before the day of meeting. R. S. c. 4, § 70. 2. At the time and place appointed, a moderator shall be chosen by ballot, by the voters present, to preside at such meeting, and the person to whom the warrant was directed shall preside till he is chosen. • A clerk and three assessors shaR be chosen by ballot ; be sworn by a justice of the peace, or th^ moderator ; and forthwith make a written description of the limits of such plantation, sign it, and transmit it to the sec- retary of state. lb. § 71. 3. On like application, and with similar proceedings on a warrant of such county commissioners, such plantation may be divided, and a part annexed to a similar adjoining plantation, or a new plantation be formed ; and a like description of the newly-formed plantation shall be transmitted by the assessors to the secretary of state. lb. § 72. Without.a return by the assessors to the office of the secretary of state, of certain and definite limits to the plantation, the organization is defective and of no validity. 40 Maine, 218. 4. The assessors of such plantation shall annually, on or be- fore the eleventh day of August, prepare a list of such inhab- itants within its limits as they judge to be constitutionally qualified to vote in the election of governor, senators and representatives to the legislature, deposit it in the office of the 68 MAINE TOWNSMAN. plantation clerk, and post it up and correct it in the manner required in case of towns. R. S. c. 4, § 73. 6. They shall call a meeting of such voters, to be held on the second Monday of September annually, at some convenient and central place in the plantation, for the election of governor, senators and representatives in the state legislature, by a -war- rant in due form by them signed, in which the time, place, and purposes of the meeting shall be set forth ; and notice shall be given by posting up a copy thereof in one or more public places in the plantation at least seven days before the day of meeting. Similar notice shall be given of all meetings for choice of representatives to the legislature, or to Congress, of any state and county officers, and of electors of president and vice president. lb. § 74. 6. Such assessors shall preside impartially at all such meetings, receive the votes of all qualified voters present, sort, count, and declare them in open plantation meeting, and in presence of the clerk, who shall form a list of the persons voted for, with the number of votes for each person written out in words against his name, and make a fiill record thereof in presence of the assessors and in open plantation meeting. The clerk shall make out fair copies of the list of voters so posted up as corrected, and of the names of all voters on said list who were actually present and voted at said election, which shall be attested by the assessors and the clerk in open plan- tation meeting, and he shall cause the record of said votes to be delivered, within the time required by the constitution and the laws, to the proper person appointed to receive them, and the copy of the list of voters and of the names of the persons actually present, and voting at the election, to be transmitted to the secretary of state with the record of votes aforesaid, lb. § 75. 7. All plantations organized as aforesaid shall hold their annual meeting in March, and choose three assessors, a clerk, one or more surveyors of lumber, two or more fence viewers, and one or more constables. Such constables shall give like bonds, have like powers and duties, and be subject to hke lia- bilities as constables of towns. The bond shall be approved by the assessors and deposited with the clerk of the plantation. All officers of such plantations shall be liable to the same pen- alties for official neglect or misconduct, as such officers of towns are, and voters therein shall be liable to the same penalties for unlawful voting as voters in towns are. lb. § 77. EETUENS OF VOTES. 69 CHAPTER XX. ItETUHNS or VOTES. 1. Clerks to transmit returns to secretary. 2. Eailure to receive returns. 3. Original returns, when lost. 4. Oaths taken. 6. Returns sealed and returned. 6- Form of return for governor. 7. For members of Congress. 8. For senators. 1. The clerk of each town shall deliver, or cause to be de- livered, at the office of the secretary of state, the returns of votes, given in his town, for governor, senators, representatives to the legislature, representatives to Congress, electors of president and vice president, and for county officers, within thirty days next succeeding any meeting for the election of such officers, or shall deposit the same in some post office, di- rected to the secretary of state, within fourteen days after such meeting. R. S. c. 4, § 26. 2. If any such return is not received by the secretary of state within thirty days next succeeding such meeting, he shall forthwith notify the county attorney of the county, who shall give immediate notice thereof to the clerk of such town, and, unless he receives satisfactory evidence that said clerk has complied with the requirements of the preceding section, it shall be his duty to prosecute for the penalty legally provided, lb. § 27. 3. Whenever any such original return is lost or destroyed, the selectmen and clerk of such town, on receiving information of such loss or destruction, shall forthwith cause a copy of the record of the meeting at which such vote was given to be made, with their certificate upon the same sheet, that it is a true copy of the record ; that it truly exhibits the names of all the persons voted for, for the offices designated, and the num- ber of votes given for each at such meeting, and that said copy contains all the facts which were stated in the original return, lb. § 28. 4. The selectmen and town clerk, who were present at the meeting and signed the original return, shall sign the certificate mentioned in the preceding section, designating their office against their names as in the original return, and make oath that said copy and certificate are true, before some justice of 60 MAINE TOWNSMAN. the peace of the county, who shall make certificate of such oath on the same paper, lb. § 29. 5. Such copy and certificates shall then be sealed up, and directed to the secretary of state, with the nature of the con- tents written on the outside ; and the clerk of such town shall cause the same to be delivered into the office of the secretary of state as soon as may be. lb. § 30. 6. The form of the return of votes for governor : — At a legal meeting pf the inhabitants of the of , in the county of , qualified as the constitution requires to vote for governor, held on the second Monday of September, being the day of said month, in the year of our Lord , the said inhabitants gave in their votes for a governor, and the same were received, sorted, counted, and declared in open meeting, by the who presided, and in presence of the clerk, who formed a list of the persons voted for, and made a record thereof, as follows : — For, &c. A. B. ^ C. D. >• Selectmen of . E. F. ) Attest, A. B., Clerk. 7. The return of votes for representative to Congress. Seec. 16, § 14. 8. The return of votes for senators and other officers may be the same as for governor, with the necessary variations. CHAPTER XXI. OP ELECTORS OF PEESIDENT AND VICE PEESIDENT. 1. Day of choosing electors. 2. Meetings notified. 3. Return of votes. 4. Form of return. 5. Same subject. 6. Blank forms. 7. Duties of town officers. 1. The electors of president and vice president shall be appointed in each state on the Tuesday next after the first Monday in the month of November, of the year in which they are to be appointed. The state may, by law, provide for filling vacancies. When any state fails to make a choice at ELECTORS OP PRESIDENT AND VICE PRESIDENT. 61 an election, the electors may be appointed on a subsequent day, in such manner as the state shall provide. Act of Con- gress, 1845. 2. On the above day of the year when the election of presi- dent and vice president is to be made, the people of this state qualified to vote for senators in its legislature shall assemble in town, plantation, city, or ward meeting, to be notified, held, and regulated in the manner prescribed by the constitution and laws for the election of senators. Each voter must bring in on a single ballot the names of so many electors as he de- termines to vote for. R. S. c. 4, § 79. 3. The votes shall be sorted, counted, declared, and recorded ; and the returns of the number of ballots, and of the votes given for each respective elector, shall be made to the secretary of state on or before the second Thursday after such meeting. lb. § 80. 4. Form of return : — At a legal meeting of the inhabitants of the town of , in the county of , qualified to vote for electors of Presi- dent and Vice President of the United States, held on Tues- day, the day of November, A. D. 18 — , the said inhab- itants gave in their votes for such electors, and the same were received, sorted, counted, and declared in open town meeting, by the selectmen who presided, and in presence of the town clerk, who formed a list of the persons voted for, and made record thereof, with the number of votes for each person on said list, against his name, as follows : — For A. B., votes. " C. D., votes. Signed, G. H. > H. I. >• Selectmen of . O. B. f -^ ■ Attest, G. H., Town Clerk. 5. The returns from the cities and plantations shall be in similar form, varying as their different organization may re- quire. 6. The secretary of state shall procure blank returns of the proper form for such cities, towns, and plantations, and furnish them to the several clerks thereof at least thirty days before the day for the election of electors as aforesaid. R. S. c. 4, §86. 7. All laws in force in relation to tha duties of city, town, 6 62 MAINE TOWNSMAN. and plantation officers, and of voters in the election of governor, senators, and representatives to the legislature, and to the pen- alties incurred for their violation, shall, as far as applicable, apply and be in force in regard to the meetings to be held for the election of such electors, and to the returns thereof to be made. lb. § 87. CHAPTER XXII. GENERAI, PROVISIONS. 1. Neglect of duty of town officers, pen- alty. 2. False certificates, penalty. 3. Striking names from voting lists ille- gally, penalty. 4. Mutilating lists, penalty. 5. Neglect to deliver returns, penalty. 6. Military parades forbidden. 7. Bribery at election.s, penalty, 8.' Praudulent voting, penalty. 9. Betting on elections. 10. Same sul^ect. 11. Election not invalid by illegal votes, when. 1. If any selectman, or other town, city, or plantation offi- cer, or any such officer chosen pro tempore, willfully neglects or refuses to perform any of the duties required of him, or willfully does, authorizes, or permits to be done, any thing prohibited by the constitution or by law, he shall, for each of- fense, forfeit not less than fifty, nor more than five hundred dollars, and be imprisoned in jail not more than nine, nor less than three months, except where otherwise expressly provided. K. S. c. 4, § 48. 2. Any officer who makes a false certificate, and makes oath to its truth, shall suffer the punishment provided against the crime of perjury, and be disqualified from holding any office under the constitution and laws of this state for ten years. lb. § 57. 3. If any municipal officer strikes from the list of voters, after it is prepared and posted, the name of any person residing in the town without the notice and opportunity for hearing, he shall forfeit not less than twenty, nor more than one hundred dollars. lb. § 54. 4. If any person wrongfully alters, erases, or mutilates any name on a list of voters, or fraudulently votes in the name of another, or under an assumed name, he shall forfeit the sum named in the preceding^ section. ' lb. § 55. 5. If a person, to whom the returns of votes of any city, ttown, or plantation, for governor, senators, or representatives GENERAL PROVISIONS. 63 in Congress, are intrusted by the clerk thereof to be forwarded to the office of the secretary of slate, willfully neglects to use all proper means for their delivery within the time required, he shall forfeit not less than one hundred, nor more than five hundred dollars, or be imprisoned in jail not less than two, nor more than six months. lb. § 58. 6. If any officer of the militia parades his men, or exercises any military command, on a day of election of a public officer, he shall for each offense forfeit not less than ten, nor more than three hundred dollars. lb. § 62. 7. If any person by bribery, menace, willful falsehood, or other corrupt means, directly or indirectly attempts to influence any voter of this state in giving his votp or ballot, or to induce him to withhold it, or disturbs or hinders him in the free exer- cise of the right of suffrage, he shall be fined not more than five hundred dollars, or imprisoned not less than one year, and be ineligible to any office in this state for ten years. lb. § 64. 8. If a person, at an election of state and county officers, or of electors of president and vice president, knowingly votes in any city, town, or plantation where he has no legal right to vote, he shall be punished by imprisonment in the county jail not less than three months, nor more than one year. lb. § 65. 9. No person shall make any bet or wager upon the result of any election of persons to be voted for in this state for any office or place, in money or in any kind of property, real or personal, under penalty of forfeiting the money or property so bet or wagered, to the city, town, or plantation in which he resides, or if he does not reside in this state, then to the city, town, or plantation, in which the bet or wager is made, lb. § 66. 10. All conveyances, by deed or otherwise, of any interest in real estate, made by reason of any such bet or wager, are absolutely v(^d. lb. § 69. 11. It is not a valid objection to an election that illegal votes were received, if they did not change the majority. 21 Pick. R. 148. TITL« III-. TAXES. Chapter 23. Persons and property liable to taxation, and exempted therefrom. Chapter 24. Where and to whom persons and property shall be taxed. Chapter 25. Valuation and invoice. Chapter 26. Taxes in unincorporated places. Chapter 27. Appraisal and taxable property and tax table. Chapter 28. Assessors of town taxes. Chapter 29. Assessment of taxes in plantations. Chapter 30. Supplementary assessments and abatements. Chapter 31. Collector of taxes. Chapter 32. Distress and commitment for non-payment of taxes. Chapter 33. Unpaid taxes on real estate. Chapter 34. Town treasurer, when collector of taxes. CHAPTER XXIII. PERSONS AND PROPERTY LIABLE TO TAXATION, AND EXEMPTED THEREFROM. 1. Poll tax, on whom assessed. 2. Real and personal estate taxable. 3. Real estate, what It Includes. 4. Real estate of railroads. 5. Personal estate, what it includes. 6. AVhat exempt from taxation. 7. Property, how stated. 8. Personal property of non-residents. 9. Mortgagee of land not taxable, when. 10. Banks, bow taxable. 11. Corporations. 1. A poll tax shall be assessed upon every male inhabitant of this state above the age of twenty-one years, whether a citi- zen of the United States or an alien, unless he is exempted therefrom by the provisions of this chapter. B. S. c. 6, § 1. 2. All real property within this state, all personal property of the inhabitants of this state, and all personal property herein- (64) PERSONS AND PEOPEETY TAXED. 65 after specified of persons not inhabitants of this state, is subject to taxation, lb. § 2. 3. Real estate, for the purposes of taxation, shall include all lands in this state, and all buildings and other things erected on or affixed to the same ; real estate of literary institutions not exempted by the articles of separation, except buildings for colleges and academies and the lots on which they stand; interest and improvements in land, the fee of which is in the state ; and interest by contract or otherwise in land exempted from taxation. lb. § 3. 4. The real estate of railroad corporations is taxable in the towns where it is, and is regarded as non-resident land ; but the track of the road, and the land on which it is constructed, shall not, for this purpose, be deemed real estate. lb. § 4. 5. Personal estate, for the purposes of taxation, shall include all goods, chattels, moneys, and effects, wheresoever they are ; all ships and vessels, at home or abroad ; all obligations for money or other property ; money at interest, and debts due the persons to be taxed more than they are owing; all public stocks and securities ; all shares in moneyed, railroad, and other corporations within or without the state ; all annuities payable to the person to be taxed, when the capital of such an- nuity is not taxed in this state ; and all other property, included in the last preceding state valuation for the purposes of taxation, lb. § 5. 6. The following property and polls are exempted from taxation : — First. The property of the United States and of this state. Second, All real and personal property of literary institu- tions, which by the articles of separation is exempted from tax- ation ; the academy and college buildings and personal prop- erty of all literary institutions; and the real and personal property of all benevolent, charitable, and scientific institutions incorporated by this state. Third. The household furniture of each person not exceed- ing two hundred dollars to any one family, his wearing apparel, farming utensils, mechanics' tools necessary for carrying on his business, and musical instruments not exceeding in value fifteen dollars to any one family. _ Fourth. All houses of worship, and the pews and fur- niture, except for parochial purposes ; and all tombs and rights of burial, and property held by a religious society as a ministerial fund, or as a parsonage. As amended bv Act Feb. 14, 1860. r t, «jr 66 MAINE TOWNSMAN. Fifth. All mules, horses, neat cattle, swine, and sheep, less than six months old. Sixth. The polls and estates of all Indians, and the polls of persons under guardianship. Seventh. The polls and estates of all persons who by reason of age, iniirmity, and poverty are in the judgment of the as- sessors unable to contribute towards the public charges. Eighth. The polls and estates of inhabitants of islands, on which there are no highways, may be exempted from tlie high- way tax at the discretion of the town to which they belong. lb. § 6. Ninth. That any house with its connected lot not exceeding two acres, owned and occupied by a minister of the gospel, duly ordained and actually exercising the func- tions of a pastor, is exempted from taxation. Act March 20,1860. 7. All property in this state, liable to taxation, included in the foregoing class, should be stated specifically. 8. All goods, wares, merchandise, or other personal prop- erty, which, on the first day of April in each year, are within this state for the purpose of sale, and owned by persons residing out of the state, shall be taxed to the person or persons having them in possession for the purpose of sale. R. S. c. 4, § 15. 9. A town or city tax cannot lawfully be assessed to the mortgagee of land, who is not in possession, and has never entered to foreclose. If so assessed, a sale made by the col- lector for payment of the tax gives no title. 34 Maine R. 89. 10. The capital stock of a bank can only be assessed once, and that upon the stockholders to the value of their shares. But property composing no part of its capital, so held by a bank that no other person or corporation could be legally taxed for it as owner, is liable to be assessed by such bank. Thus shares of a railroad corporation, which it may hold by an abso- lute title, may rightfully be assessed to the bank ; and parol evidence that the absolute title was intended to be a conditional one, is inadmissible. 36 Maine R. 255. 11. A corporation owning personal property, not composing a part of its capital, is liable to be taxed for it in the town of its established place of business. lb. PERSONS AND PROPERTY TAXED. 67 CHAPTER XXIV. WHEEB AND TO WHOM PERSONS AND PKOPEETY SHALL BE TAXED. 1. Poll tax, who liable. 2. Keal estate, where taxed. 3. Personal estate, where taxed. 4. Same subject; exceptions. o. Betterments on lands of literary insti- tutions. 6. Stock of toll bridges. 7. Blood animals, how taxed. 8. Personal property, when mortgarred. 9. Heal estate of deceased, how taxed. 10. Personal estate of partners. 11. Personal property of manufiicturing corporations. 12. Stock of companies invested. 13. Liability of persons to be taxed. 14. Same tax not payable twice. 15. Goods taxed where kept. 16. Domicile and habitation. 17. What constitutes "occupancy." 18. Improper tax, remedy. 19. Corporations are " inhabitants." 20. Dogs taxed. 21. Bank stock owned oat of State. 1. The poll tax shall be assessed on each taxable person in the place where he is an inhabitant on the first day of April. No person shall be considered an inhabitant of a place on ac- count of residing there as a student in a literary seminary. E. S. c. 6, § 7. 2. All taxes on real estate shall be assessed in the town where the estate lies, to the person who is the owner or in pos- session thereof on the first day of April in each year. In cases of mortgaged real estate, the mortgager, for the purposes of taxation, shall be deemed the owner, until the mortgagee takes possession, after which the mortgagee shall be deemed the owner. lb. § 8. 3. All personal property within or without this state, except in the eases enumerated in the following section, shall be as- sessed to the owner in the town where he is an inhabitant on the first day of April in each year. lb. § 10. 4 The excepted cases referred to in the preceding section are the following: — First. All goods, wares and merchandise, all logs, timber, boards and other lumber, and all stock in trade, including stock employed in the business of any of the mechanic arts, in any town within this state, other than where the owners reside, shall be taxed in such town, if the owners occupy any store, shop, mill, or wharf therein, and shall not be taxable where the owners reside. Second. All machinery employed in any branch of manufac- ture, and all goods manufactured or unmanufactured, and aJl real estate belonging to any corporation, shall be assessed to such 68 MAINE TOWNSMAN. corporation in the town or other place where they are situated or employed ; and in assessing the stockholders for their shares in any such corporation, their proportional part of the value of such machinery, goods and real estate, shall be deducted from the value of such shares. Third. All mules, horses, neat cattle, sheep, and swine shall be taxed in the town where they are kept on the first day of April, in each year, to the owner or person who has them in possession at that time. All such animals which are in any other town than that in which the owner or possessor resides, for the purpose of pasturing or any other temporary purpose, on said first day of April, shall be taxed to such owner or pos- sessor in the town where he resides ; and all such animals, which are out of the state, or in any unincorporated place in the state on said first day of April, for any purpose, and being owned by, or in charge and possession of, any person residing in any town in this state, shall be taxed to such owner or pos- sessor in the town where he resides. If a town line so divides a farm that the dwelling house thereon is in one town, and the barn or out-buildings, or any part of them, is in another, such animals, kept for the use of said farm, shall be taxed in the town where the house-is. Fourth. All personal property belonging to minors under guardianship shall be assessed to the guardian in the place where he is an inhabitant. The personal property of all other persons, under guardianship, shall be assessed to the guardian in the town where the ward is an inhabitant. Fifth. All personal property held in trust by an executor, administrator, or trustee, the income of which is to be paid to any married woman or other person, shall be assessed to the husband of such married woman, or to such other person, in the place of which he is an inhabitant. But if such married woman, husband, or other person resides out of the state, it shall be assessed to such executor, administrator, or trustee, in the place where he resides. Sixth. Personal property placed in the hands of any cor- poration as an accumulating fund for the future benefit of heirs or other persons, shall be assessed to the person for whose benefit it is accumulating, if within the state ; otherwise, to the person so placing it, or his executors, or administrators, until a trustee is appointed to take charge of it or its income, and then to such trustee. Seventh. The personal property of deceased persons in the hands of their executors or administrators not distributed^ PEESONS AND PROPERTY TAXED. 69 shall be assessed to the executors or administrators in the town where the deceased last dwelt, until they give notice to the as- sessors, that said property has been distributed and paid over to the persons entitled to receive it. If the deceased at the time of his death did not reside in the state, such property shall be assessed in the town in which such executors or adminis- trators live. lb. § 11. 5. Betterments and improvements made upon such lands of literary institutions as are exempted from taxation, not in- cluding sites and buildings occupied by such institutions and their ofScers, shall be deemed personal property, and taxed to the tenant or owner thereof in the town where they ai'e. lb. § 12. 6. The stock of all toll bridges shall be taxed as personal property to the owners thereof in the towns where they reside. Jib. § 13. 7. Blood animals, brought into the state and kept for the purpose of improvement of the breed, shall not be taxed at a higher rate than stock of the same quality and kind bred in the state. lb. § 14. 8. When personal property is mortgaged or pledged, it shall, for the purposes of taxation, be deemed the property of the party who has it in possession. lb. § 19. 9. The undivided real estate of any deceased person may be assessed to his heirs or devisees without designating any of them by name, until they give notice to the assessors of the division of the estate, and the names of the severA.1 heirs or devisees ; and until such notice is given, each heir or devisee shall be liable for the whole of such tax, and have a right to recover of the other heirs or devisees their portions thereof when paid by him ; and in an action for that purpose, the un- divided shares of such heirs or devisees in the estate, upon which such tax has been paid, may be attached on mesne pro- cess, or taken on execution issued on judgment recovered in an action therefor. Or such real estate may be assessed to the executor or administrator of the deceased, and such assessment shall be collected of them the same as taxes assessed against them in their private capacity, and shall be a charge against the estate and allowed by the judge of probate ; but when such executor or administrator notifies the assessors that he has no funds of the estate to pay such taxes, and gives them the names of the heirs, and the proportions of theu' interest in the estate to the best of his knowledge, the estate shall no longer be as- sessed to him. lb. § 20. 70 MAINE TOWNSMAN^ 10. Partners in mercantile or other business, whether re- siding in the same or different towns, may be jointly taxed, under their partnership name, in the town where their business is carried on, for all the personal property enumerated in the first paragraph of section eleven, employed in such business ; and if they have places of business in two or more towns, they shall be taxed in each town for the portion of property em- ployed therein ; and they shall be jointly and severally liable for such tax. lb. § 21. 11. The buildings, lands, and all other property of manu- facturing corporations, made personal property by their char- ters, and not exempt from taxation, and all stock used in factories, shall be taxed to the corporations, or to the persons having possession of their property or stock, in the town or place where the corporations are established, or the stock is manu- factured ; and there shall be a lien for one year on such prop_- erty and stock for the payment of such tax, and it may be sold for the payment thereof as in other cases ; and the shares of the capital stock of such corporations shall not be taxed to their owners. lb. § 24. 12. When an insurance or other incorporated company is required by law to invest its capital stock or any part thereof in the stock of a bank or banks, or other corporation in this state, for the security of the public, such investments shall not be liable to taxation except to the stockholders of the company so investing, as making a part of the value of their shares in the capital stock of said company. lb. § 18. 13. If a person having his home in a town, leaves for health or business for an uncertain time, intending to return, he is lia- ble to be taxed in such town ; but not if he left town without intention to return. 1 Metcalf R. 246. 14. No person can be holden to pay for his poll, or for the same estate, any state or town tax, but in one town during any one year. 4 Mass. R. 534. 15. If any person have a store in any town other than that in which he dwells, where he sells goods, or in which are de- posited goods which are sold by him, it is such a use and im- provement of the goods in the town where they are kept as will render the owner liable to taxation for them there, and not in the town where he dwells. 12 Mass. R. 161. 7 Mass, R. 236. 16. A person's home or domicile is his habitation fixed in any place, without any present intention of removing there- from. The term inhaUtant means something more. It means PERSONS AND PROPERTY TAXED. 71 one who, being a citizen, dwells, or has his home, in some par- ticular town where he has municipal rights and duties. A person having a family, will not be considered as having changed his domicile by removing into another town, until he removes his family. The election to pay taxes in one town rather than another does not of itself determine habitancy. "Where a person lives occasionally in two different towns, re- moving with his family, at certain seasons of the year, alter- nately'from one town to another, it has been held in Massa- chusetts that his domicile is in that town where he exercises municipal rights. 17. The hiring of logs to be sawed, does not constitute the owner of them, if non-resident, to be such an "occupant" of the saw mill, as to subject the logs to taxation in the town where the mill is situated. Neither does the payment by him of wharfage for manufactured lumber constitute him to be such an " occupant " of the wharf, as to subject the lumber to tax- ation in the town wherein the wharf is situated. 33 Maine Reports, 419. 18. If a person, liable to taxation in a town for real and personal estate, has also been assessed for, and has paid a tax upon, additional property, for which he was not liable to be assessed, his redress is not against the town, although he paid under protest. His remedy is exclusively by application to the county commissioners, upon a refusal by the assessors to make a proper abatement. 33 Maine R. 445. 19. The term "inhabitants," as used in the Revised Stat- utes, embraces corporations as well as individuals. The prop- erty of a corporation, when not otherwise subjected to assess- ments to stockholders, is taxable to said corporation. To incur such liability, it is not necessary that the corporation should be the owner of the property, or should have a beneficial interest therein ; it is enough that they have the legal ownership. 37 Maine R. 369. 20. Dogs more than six months old are taxable in their town one dollar to the owner or possessor, if the town shall so vote. Act March 19, 1862. 21. Money or personal property passed into the possession of another by any person residing in this State, secured by an absolute deed of real estate, shall be taxed to the grantee, the same as in case of a mortgage, notwithstanding the land shall be taxed to the grantor or other person in possession. Act March 15, 1861. 22. Bank stock in this State, owned by non-residents, is taxable. Act March 23, 1863. 72 MAINE TOWNSMAN. CHAPTER XXV. VALUATION AND INVOICE. 1. State valnation once in ten years. 2. Notice of lists of taxable property. 3. Porm of notice. 4. If lists not returned, what ! fi. Oath to lists. 6. Form of oath, 7* Kecord of assessment and inyoice. 8. Tax lists to be certified. 9. Oath of assessors. 10. Just value of property. 11. Cashiers to make returns. 19. Returns put in post ofiBce. 13. Appeal from over-valuation. 14. Corporation tax. 1. A State valuation shall be taken at least once in ten years. Const, art. 9, § 7. 2. Before making any assessment, the assessors shall give seasonable notice in writing to the inhabitants, by posting up notifications in some public place in the town, or notify them in such other way as the town at its annual meeting directs, to make and bring in to them true and perfect lists of their polls, and all their estates, real and personal, not by law exempt from taxation, which they were possessed of on the first day of April of the same year. E. S. c. 6, § 51. 3. Form of notice, as above provided : — -, and persons liable To the inhabitants of the town of - to be assessed therein : You are hereby notified that the subscribers will be in ses- sion at , in said town, on , the day of next, at o'clock in the noon, for the purpose of re- ceiving true and perfect lists of the polls, and all the estates, real and personal, not by law exempted from taxation, which you are possessed of in said town of , on the first day of April last past; which lists you are required to make and bring in. A. B. \ C. D. > Assessors of . E. F.) 4. If any person after such notice does not bring in such lists, he shall be thereby barred of his right to make application to the county commissioners for any abatement of his taxes, unless he makes it appear to them that he was unable to offer such list at the time appointed. R. S. c. 6, § 52. 5. The assessors, or either of them, may require the person presenting such list to make oath to its trulh, which either of them may administer ; and such list, being exhibited on oath, VALUATION AND INVOICE. T3 shall be taken as true, unless such person shall refuse to answer all proper inquiries relating to his property, and, if required, subscribe and make oath to the same before a majority of the assessors. lb. § 53, as amended by Act March 19, 1862. 6. The oath, as in section 5, may be, — You solemnly swear, that the lists you have now given in to the assessors of contain a true account of the polls, and all the estate, real and personal, for which you are liable to be taxed in this town, either in your own right or otherwise. So help you God. 7. The assessors shall make a record of their assessment and of the invoice and valuation from which it was made ; and before the taxes are committed to the proper officer for collec- tion, they shall deposit it, or a copy of it, in the assessors' office, if any, otherwise with the town clerk, there to remain ; and any place where the assessors usually meet to transact business and keep their papers or books, shall be considered their office for this purpose. lb. § 59. S. The invoice and valuation tax lists, when recorded, should be certified and signed by the assessors. 9. The oath to the assessors, before they take a general valuation, may be, — You, , assessors of the town of , do severally and solemn- ly swear that you will perform all the duties required of you, without favor or prejudice, and that you will, according to your best skiH and judgment, appraise all real and personsd estate, according to the just value of it. So help you God. 10. The constitution requires that all taxes shall be appor- tioned and assessed, according to the just value thereof. 11. The cashiers of banks, and the clerks of other corpo- rations holding property liable to be taxed, within seven days after the, first day of April annually, are to return under oath, to the assessors of a town in which any of its stockholders are known to reside, the names of such stockholders, the amount of stock owned by them on the first day of April, and the amount of stock paid into such corporation. Such returns are to be the basis of taxation on such property. E. S. c. 46, § 21. 12. A deposit of the return required in the preceding sec- tion in a post office, postage paid, properly directed, is to be deemed a compliance. For the neglect or refusal of its officer to make such return, the corporation forfeits five hundred dollars. lb. § 23. But it is provided by Act of March 21, 1863, that no action shall be maintained against manufacturing corpora- 74 MAINE TOWNSMAN. tiong for the neglect of the clerk to make returns, unless done wil- iuUy and for the purpose of concealment.- 18. If the assessors, through an error in judgment, make an OTer- valuation of the property of the inhabitant, and thereby assess him too much, his remedy is by appeal to the county commissioners, and not by an action at law. 30 Maine R. 404. So if assessed on property for which he is not liable. 33 Maine R. 445. 14. Whenever the clerk of a corporation holding property liable to be taxed shall" fail to comply with the requirements of the twenty- first section of the forty-sixth chapter of the Revised Statutes, the property shall be deemed corporate property, liable to be taxed directly against the corporation. Act March 14, 1860. CHAPTER XXVI. TAXES ON LANDS IN tJNINCOEPOKATED PLACES. 1. Lands in places not incorporated. 2. Subject to county taxes. 3. State treasurer to publish lists. 4. Lands forfeited, when. 5. Torfeited lands sold, when. 6. Surplus' of sale. 7. Owner may pay or redeem, when. 8. Owner may pay or redeem, to whom. 9. County road tax. 10. As^ssments to be published. 11. Expenditure of road taxes. 12. County road tax, when not paid. 13. Lands, when forfeit to county. 14. Tax titles. 15. Fart owner may redeem his ghare. 1. Lands not exempted, and not liable to be assessed in any town, may be taxed by the legislature for a just proportion of all state and county taxes. Ch. 6, § 30. ^ 2. Such lands may be assessed by the county commissioners according to the Ig,st state valuation for a due proportion of county taxes. Lists of such taxes, including those made on account of highways, shall be immediately certified and trans- mitted by the county treasurer to the treasurer of state. lb. § 31. 3. Within three months after the assessment of any such state tax by the legislature, the treasurer of state shall cause the list of such assessments, with the list of any county tax so certified to him, to be advertised three weeks successively in the state paper, and in some newspaper, if any, printed in the county in which the lands lie. The said lands shall be held to the state for the payment of such state and county taxes with interest thereon at the rate of twenty per, cent., to commence at the expiration of one year from the date of the assessment. lb. § 32. 4. The owners of the lands so assessed and advertised, may Redeem them, by paying to the treasurer of state the taxes with interest thereon, within two years from the date of the assessment. Each owner may pay for his interest in any tract, TAXES IN UNINCORPORATED PLACES. 75 whether in common or not, and shall be entitled to a certificate from the treasurer of state, discharging the tax upon the num- ber of acres, or interest, upon which such payment is made, lb. § 33. 6. All lands thus forfeited shall, annually in the month of September, be sold by the treasurer of state at public auction, to the highest bidder ; but never at a price less than the full amount due thereon for such unpaid state and county taxes, interest, and cost of advertising. lb. § 34. 6. If any such tract is sold for more than the amount due, the surplus shall be held by the state to be paid to the owner, whose right has been so forfeited, upon due proof of ownership produced to the governor and council. lb. § 35. 7. Any owner may redeem his interest in such lands, by paying to the treasurer of state his part of the sums due at any time before the sale ; or after the sale, by paying or tendering to the purchaser, within a year, his proportion of what the pur- chaser paid therefor at the sale, with interest at the rate of twenty per cent, per annum from the time of sale, and one dol- lar for a release ; and the purchaser, on reasonable demand, shall execute such release ; and if he refuses or neglects, a bUl in equity may be mahitained against him and compel him to do so, with costs and any damages occasioned by such refusal or neglect. Or such owner may redeem his interest by pay- ing as aforesaid to the treasurer of state, who on payment of fifty cents, shall give a certificate thereof; which certificate, recorded in the registry of deeds in the county where the lands lie, shall be a valid release of such interest, and the title thereto shall revert and be held as if no such sale had been made, lb. § 36. 8. Any owner of lands assessed by the county commis- sioners for county taxes, may redeem them by paying to the county treasurer the amount due thereon for such taxes, inter- est and charges, and depositing with the treasurer of state the county treasurer's certificate of such payment, at any time be- fore the sale. lb. § 38. 9. The county commissioners shall assess upon all unin- corporated townships and tracts of land in their counties, a sum of money sufficient to keep all county roads in such townships and tracts in good repair, so that they may be safe and con- venient for all purposes of public travel. lb. § 39. 10. They shall make such assessment on or before the fifteenth day of May in each year, and publish a list of the townships and tracts so assessed, specifying the sum assessed 76 MAINE TOWNSMAN. on eacb, or part thereof, and the roads upon which it is to be expended, in the state paper, and in some paper, if any, printed in the county where the lands lie, three weeks successively, the last publication to be within three months from the date of the assessment. lb. § 40. 11. They shall, at the time the assessment is made or within three months thereafter, appoint a suitable agent or agents, not members of their board, to superintend and direct expenditure of the sums so assessed. Such agents shall give bond with approved sureties to expend the money faithfully, and to render an account thereof on demand. Any owner of land so assessed may pay his proportion of the assessment to the county treasurer, or in labor upon the road under the direction of the agent, before the fifteenth day of September next after such assessment, provided he give no- tice in writing of his intention to the agent on or before the first day of June, in the same year. The certificate of the agent of the sum so expended shall discharge the tax for the amount so certi- fied, lb. § 41, as amended by Act March 20, 1858. 12. If any owner fails to pay the sum so assessed upon his land within the time aforesaid, so much of it as is required to raise the amount remaining due, with interest at the rate of twenty per cent, per annum, from the time prescribed for the payment of the tax, shall be sold by the county treasurer at public auction to the highest bidder. lb. § 42. 13. If no person becomes purchaser at such sale, the land shall be forfeited to the county, subject to all unpaid state and county taxes thereon. lb. § 43. 14. Purchasers of land sold by reason of the non-payment of state and county taxes, and assessments for opening, making, and repairing roads, shall have no claim against the state or county for any defect in the title under such sale, notwith- standing any irregularities in the proceedings, or failure to com- ply with the provisions of law under which the sales were made. The deeds given pursuant to sales made for non-payment of state and county taxes, shall vest in the grantee the title of the state or of the county, to the lands sold, subject to the con- ditions of sale, and no more. lb. § 44. 16. Any owner, part owner, tenant in common, or other person having a legal interest in any tract so advertised, sold, or forfeited, may redeem his interest by paying within the times prescribed, the amount so required to discharge the claim upon his interest. The rate of interest upon unpaid state and county taxes, and taxes assessed by county commissioners for opening, making, and repairing roads, shall be twenty per cent., and shall commence at the expiration of one year from the date of thcassessments. lb. § 45. See also Act of Mar. 17, 1862. APPRAISAL OF TAXABLE PROPERTT. 77 CHAPTER XXVII. THE APPRAISAL OF TAXABLE PROPBETY AND TAX TABLE. 1. Property appraised at its value. 9. How land ia speciflpd. 3. ABsessors' office miuisterlal 4. Assessment erroneous. 6. Invoice. 6. Taxable value of shares. 7. Tax table. 1. The appraisers should appraise all taxable property at its true value in money. 2. It is not necessary to specify the number of acres, but to state the value of the land. 3. The ofllce of assessor is rather ministerial than judicial. He is to exercise his. judgment in apportioning an assessment, and determining the ratable property and value of it. 10 Mass. R. 105. 4. An assessment is erroneous, if property is omitted in the valuation which ought to be assessed, or any individual charged with property, even by mistake, for which he is not liable. lb. 6. The assessors should, in their invoice, include all the polls and estates liable to taxation, and, in making their as- sessment, should first ascertain the amount which the polls pay, and deduct it from the sum to be assessed, and then apportion the remainder according to each man's property. To effect the apportionment, they may find what per cent, of the whole property to be taxed, and the sum to be raised is, then multiply each man's invoice by that per cent., and the product is his tax. 6. The taxable value of shares in corporations may be ascertained by ascertaining their market value, and also the amount of the estate for which the corporation is taxed. Di- vide the amount of the corporation estate so taxed by the number of shares, which will give the proportion for which each share is taxed ; deduct this amount from the mai-ket value of the shares, and the balance will be the value of the shares upon which tax is to be assessed. 7. A tax table exhibits at once the tax on all sums from one dollar up to any amount required. The table is made by multiplying the per cent, which the tax amounts to by the 7* 78 MAINE TOWNSMAN. several numbers 1, 2, 3, 4, and so on. The following is a table of taxes to be made, when one and a half per cent, is to be raised on the valuation of property : — $1.00 . . . pays . . . $0.01 5 $60.00 . , . pays . . . $0.90 2.00. . . pays . . . . 0.03 70.00 . . . pays . . . . 1.05 3.00, . . pays . . . . 0.04 5 80.00 . . . pays . . . . 1.20 4.00. . . pays . : . . 0.06 90.00 . . • pays . . . . 1.35 6.00. . . pays . . , . 0.07 5 100.00 . . . pays . . . . 1.50 6.00. . . pays . . . . 0.09 200.00 . . . . pays . . . . 3.00 7.00 . . . pays . . . . 0.10 5 300.00 . . . . pays . . . . 4.50 8.00. . . pays . . . . 0.12 400.00 . . . . pays . . . . 6.00 9.00. . . pays . . . . 0.13 5 500.00 . . . . pays . . . . 7.50 10.00 . . . pays . . . . 0.15 600.00 . . . . pays . . . . 9.00 20.00 . . . pays . . . . 0.30 700.00 . . . . pays . . . 10.50 30.00 . . . pays . . . . 0.45 800.00 . . . pays . . . 12.00 40.00 . . . pays . . . . 0.60 900.00 . . . . pays . . . 13.50 50.00 . . . pays . . . . 0.75 I'OOO.OO . . • pays . . . 15.00 CHAPTER XXVIII. ASSESSORS OF TOWN TAXES. 1. State tax. 2. County tax. 5. Same subject. 4. Assessments, when illegal. 6. Duty of aesesEors. 6. State, county, and other taxes, united. 7. Overlay. 8. Certificates to state and county treas- urers. 9. Selectmen to he assessors, when. 10. Assessors, &c., not chosen, penalty 11. When no assessorH, what. 12. Neglect to assess, penalty. 13. Assessors arrested, when. 14. Beaponsibility of towns. 15. Same subject. 16. Assessors not sworn, penalty. 17. Warrant to collect state taxes. la. Certificate of assessment. 19. Warrant for county and town taxes. 20. Loss of original warrant, what. 21. Excess of taxation. 22. Validity of a warrant. 23. Liability of assessors. 1. When a state tax is imposed and required to be assessed, the treasurer of state shall send warrants for the assessment of such tax, to the sheriffs of the different counties, who shall transmit them to the assessors of the towns in their counties. E. S. c. 6, § 46. 2. In order to assess a county tax, the county commis- sioners, at their regular session next before the first day of January annually, shall prepare estimates of the sums neces* sary to defray the expenses which have accrued, or may prob- ASSESSORS OP TOWN TAXES. 79 ably accrue for one year from said day, including the building and repairing of jails, court houses, and appurtenances, with the debts owed by their counties.. lb. § 47. 3. When a county tax is authorized, the county commis- sioners shall apportion it upon the towns and other places according to the last state valuation, and issue their warrant to the assessors. lb. § 49. 4. No assessment of a tax by a town or parish will be legal, unless the sum assessed is raised by vote of the qualified voters, at a meeting legally called and notified. lb. § 50. 5. The assessors shall assess upon the polls and estates in their town all town taxes and their due proportion of any state or county tax, make perfect lists thereof under their hands, and commit the same to the constable or collector of their town, if any, otherwise to the sheriff of the county or his deputy, with a warrant under their hands, in the form hereinafter prescribed. lb. § 56. 6. They may add their proportion of the state and county tax to any of their other taxes, and make out one warrant and their certificates accordingly. lb. § 57. 7. They may assess on the polls and estates such sum over and above the sum committed to them to assess, and not exceeding five per cent, thereof, as a fractional division thereof renders convenient, and certify that fact to their town treas- urer, lb. § 68. 8. When they have assessed any county tax, and committed it to the proper officer for collection, they shfAl return to the county treasurer a certificate thereof, with the name of such ofScer. When they have so assessed and committed a state tax, they shall return a like certificate to the state treasurer ; and if this is not done, and any part of such tax remains unpaid for sixty days after the time fixed for its payment, the state treasurer shall issue his warrant to the sheriflT or his deputy to collect the sum unpaid of the inhabitants of the town or place. lb. § 60. 9. If any town does not choose assessors, or if so many of them refuse to accept that there are not such a numbfer as the town has required, the selectmen shall be the assessors, and each of them shall be sworn as an assessor ; and each select- man and assessor shall be paid for his services one dollar for every day he is necessarily employed in the service of the town. lb. § 61. 10. If any town neglects to choose selectmen or assessors, it shall forfeit not exceeding three hundred nor less than one hundred dollars. lb. § 62. 80 MAINE TOWNSMAN. 11. In such case, and when the selectmen and assessors chosen by a town do not accept the trust, the county commis- sioners may appoint three or more suitable persons in the county to be assessors of taxes ; and such assessors, being duly sworn, shall assess upon the polls and estates in the town their due proportion of state and county taxes and said penalty, and not exceeding one dollar a day for each for their own reasonable charges for time and expense in said service, and shall issue a warrant under their hands for collecting the same, and transmit a certificate thereof to the treasurer of the state, with the name of the person to whom it is committed ; and the assessors shall be paid their charges, as allowed by the commissioners, out of the state treasury. lb. § 63. - 12. If the assessors of a town refuse or neglect to assess any state or county tax apportioned on it by them, they shall forfeit the full sum mentioned in such warrant. lb. § 65, 66. 13. If the sheriff cannot find property of said assessors to satisfy the sum due on either of said warrants, he may arrest and imprison them until they pay the same; and the county commissioners shall forthwith appoint other proper persons to be assessors of such state and county taxes. lb. § 67. 14. If the inhabitants of a town of which a state or county tax is required neglect for the space of five months, after having received the state treasurer's warrant for assessing it, to choose assessors to assess it, and cause the assessment thereof to be certified to such treasurer for the time being, the town will be responsible for the neglect. lb. § 68, 69. 15. If the inhabitants of a town qualified to vote in town affairs, of which a state or county tax is required, choose assessors who neglect to assess the tax required by the war- rant issued to them, or to reassess a tax on the^ failure of a collector, and to certify it as the law directs, and the estates of such assessors are insufficient to pay such taxes as already provided, the treasurer of state, or of the county, as the case may be, for the time being, is directed to issue his warrant to the sheriff of such county, requiring him to levy, by distress and sale, such deficiency on the real and personal estates of such inhabitants. lb. § 70. 1 6. If any assessor, chosen and notified to take the oath of office, unreasonably refuses to be sworn, he shall forfeit fifteen dollars ; and the selectmen shall forthwith call a meeting of the town to fill the vacancy. lb. § 71. 17. The warrant to be issued by the selectmen or assessors for the collection of the state taxes shall be in substance as fol- lows : — AS3SES90R3 OF TOWN TAXES. 81 ss. A. B, constable or collector of the town of , within the county of , greeting : In the name of the State of Maine, you are hereby re- quired to levy and collect of the several persons named in the list herewith committed unto you, each one his respective pro- portion therein set down, of the sum total of such list, it being this town's proportion of the state tax for the year 18 — ; and you are to transmit and pay in the same unto , treasurer of the state, or to his successor in that office, and to complete and make up an account of your collections of the whole sum on or before the day of . And if any person refuses or neglects to pay the sum he is assessed in the said list, you are to distrain his goods or chattels to the value thereof, and the distress so taken to keep for the space of four days, at the cost and charge of the owner ; and if he does not pay the sum so assessed within the said four days, then you are to sell at public vendue such distress for the payment thereof with charges,. first giving forty-eight hours notice of such sale by posting up advertisements thereof in some public place in the town (or plantation, as the case may be ;) and the overplus arising by such sale, if any, besides the sum assessed, and the necessary charges of taking and keeping the dis- tress, you are immediately to restore to the owner ; and for want of goods and chattels whereon to make distress, besides those implements, tools, and articles of furniture, which are by law exempt from attachment for debt, for the space of twelve days, you are to take the body of such person so refusing or neglecting, and him commit unto the common jail of the county, there to remain until he pays the same, or such part thereof as shall not be abated by the assessors for the time being, or the county commissioners for the said county. Given under our hands, by virtue of a warrant from th^ treasurer aforesaid, this day of . 18. And a certificate of the assessment of any state tax shall be in substance as follows : — Pursuant to a warrant .from the treasurer of the State of Maine, dated the day of , we have assessed the polls and estates of the of , the sum of , and have committed hsts thereof to the, \of said , viz. : to , with warrants in due form of law for collecting and 82 MAINE TOWNSMAN. paying the same to , treasurer of said state or his successor ia office on or before the day of next en- suing. In witness whereof, we have hereunto set our hands at this day of , in the year . 19. The warrant to be-issued for the collection of county or town taxes, shall be made out by the assessors in the same tenor, changing those parts which should be changed to adapt it to the particular case. R. S. c. 6. § 80. 20. "When an original warrant, issued by any assessors and delivered to a constable or collector for the collection of a tax, has been lost or destroyed by accident, the assessors may issue a new warrant for that purpose, which shall have the same force as the original. lb. § 81. 21. The assessors should not exceed the sum voted, and five per cent, in addition. If it does exceed it, even a few cents, the tax is illegal and the assessors liable. Green. E. 175. 22. It is not necessary to the validity of a warrant for the collection of taxes that it be delivered to the collector during the year for which he and the assessors were elected; it is sufficient, if made and signed while they were in office. 3 Maine K. 290. 23. For an assessment of money voted by a town, at a meeting not legally called, or without an article justifying it, or for a purpose not authorized by law, the assessors would be personally liable. 12 Maine R. 378. CHAPTER XXIX. ASSESSMENT OP TAXES IN PLANTATIONS. 1. Powers of plantations. 2. Plantations liable for neglect-. 3. Officers to be sworn. 4. Organization of plantations for taxation. 5. Duty of assessors. B. Officers of plantations, choice of, 7. Neglect to be sworn ; penalty. 1. All plantations, ordered by the legislature to pay any part of the public taxes, are vested with the same power as towns are, so far as relates to the choice of clerk, assessors, ASSESSMENT OF TAXES IN PLANTATIONS. 83 and collectors of taxes ; and any person chosen an assessor therein, and refusing to accept, or to take the legal oath, after due notice, shall be liable to the penalty mentioned in section sixteen of the preceding chapter ; and the other assessors shall forthwith call a plantation meeting to fill the vacancy. E. S. c. 6, § 72. 2. If any such plantation neglects to choose a clerk, as- sessors, and collector of taxes, or if the assessors chosen neg- lect their duty, it shall be subject to the same penalties and proceeded with in the same manner as towns deficient in the same respect. lb. § 73. 3. The clerk, assessors, and collectors, shall be sworn as similar officers chosen by a town, and be entitled to the same compensation, unless otherwise agreed. lb. § 74. 4. "When a state or county tax is laid on a place not incor- porated or organized, the state treasurer or county commis- sioners of that county may issue their warrant to one of the principal inhabitants, commanding him to notify the other inhabitants of such place qualified to Tote for governor, to assemble on a day and at a place named in the warrant, to choose the officers required in a plantation. Notice of such meeting is to be given by posting an attested copy of the war- rant in two public and conspicuous places in the place fourteen days before the day of meeting. The warrant, with such in- habitant's return thereon, is to be returned to the meeting ; and the officers shall then be chosen and sworn. If the inhabitant to whom the warrant is directed, fails to perform the duties re- quired of him, he shall forfeit the sums due for state and county taxes, to be recovered by the treasurer, to whom the tax is payable. lb. § 75. 5. The assessors shall thereupon take a list of the ratable polls, and a valuation of the estates of the inhabitants of the plantation. lb. § 76. 6. The assessors of such plantations shall have power to issue their warrants for meetings of the inhabitants in March annually, for the choice of all proper officers, who shall be sworn by the moderator or some justice of the peace; and every moderator shall be bound to notify the plantation officers to appear before some justice of the peace within seven days from the time of their choice, to take the necessary oaths of office, on pain of forfeiting ten dollars each. lb. § 77. 7. Such plantation officer neglecting to take the oath of office when so notified, shall be liable to the same penalties as town officers so neglecting.- lb. § 78. 84 MAINE TOWNSMAN. CHAPTER XXX. SUPPLEMENTAKY. ASSESSMENTS AND ABATEMENTS. 1. Supplementary Msessmenta. 2. Assessors may abate taxes. 3. If they refuse, appeal allowed. 4. Neglect to bring in lists, bar to abate- ment. 5. Towns may discount for early payment. 6. Notice of discount, form of. 7. Order in favor of collector. • 8. To get abatement, must bring in lists. 1. "WTien any assessors, after completing tlie assessment of a tax, discover that they have by mistake omitted any polls or estate liable to be assessed, they may, during their term of office, by a supplement to the invoice and valuation and the list of assessments, assess such polls and estate their proportion of such tax according to the principles on which the assess- ment was made, certifying that they were omitted by mistake. Such supplemental assessments shall be committed to the col- lector with a certificate under the hands of the assessors, stat- ing that they were omitted by mistake, and that the powers in their previous warrant, naming the date of it, are extended thereto ; and the collector shall have the same power, and be under the same obligations to collect them, as if they had been contained in the original list ; and all assessments shall be valid, notwithstanding that by such supplement the whole amount exceeds the sum to be assessed by more than five per cent., or alters the proportion of tax allowed by law to be assessed on the polls. B. S. c. 6, § 25. 2. The assessors, on application, within two years from the assessment, may make such reasonable abatement as they may think proper. lb. § 54. ■ 3. If the assessors shall refuse to make any abatement, the complainant may apply to the county commissioners, at their next meeting, and, if they think he is overrated, he shall be relieved by them, and be reimbursed out of the town treasury the amount of their abatement, with incidental charges. The commissioners may require the assessors or town clerk to pro- duce the valuation or a copy of it. But should the complain- ant fail in his application, the commissioners shall allow the costs to the town, and may issue their warrant for the collec- tion thereof against said complainant. lb. § 55. ASSESSMENTS AND ABATEMENTS. 85 4. Any person, who has neglected to bring in his lists to the assessors, shall be barred of a right to apply to the com- missioners for abatement, unless he make it appear to them that he was unable to offer the Kst at the time appointed, lb. § 52. 6. At any meeting, when they vote to raise a tax, a town may agree on the abatement to be made to those who volun- tarily pay their taxes to the collector at certain periods, and the times within which he is so entitled ; and a notification of such votes, and the time when such taxes were committed, shall be posted up by the treasurer, in one or more public places in his town, within seven days after such commitment ; and all who so pay their taxes shall be entitled to such abate- ment, lb. § 131. 6. The form of notice may be as follows : — The treasurer of the town of hereby gives notice, that by a vote of said town, a discount will be made to all persons who shall voluntarily pay their taxes to the collector of taxes of said town, within days after the commitment of the same to him for collection, which was on the first day of last past, of per cent. June 1st, 18 — . A. B., Treasurer of . 7. An order drawn by the selectmen in favor of the collec- tor for abatement of taxes is to be considered as a mere order to the treasurer to release the collector from said sum ; but not to be an abatement of the said tax to the person assessed. 19 Maine R. 322. 8. By Eevised Statutes, c. 14, § 18, it is provided that if after notice by the assessors, an inhabitant of the town shall not bring in the required lists, (for the purposes of taxa- tion,) he shall be thereby debarred of his right to make appli- cation to the county commissioners for any abatement of the assessment on him, unless he shall make it appear that he was unable to offer such a list at the time appointed. Before this mode of redress can be made available by any inhabitant, he must personally carry in such list to the assessors, and be ready to make oath to its correctness, if required. 37 Maine R. 561. See R. S., ch. 6, § 52. 8 86 MAINE TOWNSMAN. CHAPTEE XXXI. COLLECTOR OP TAXES. 1. Collector of taxes, how chosen. 2. Collector to receive warrant. 8. Collector to give hood, 4. Form of collector's bond. 6. Plantations, their power. 6. When new collectors are chosen. 7. Collector to exhibit his collections. 8. Removal of collector. 9. Refusal to deliver tax bills; penalty. 10. If collector become insane, &c. 11. Sums overpaid by collector. 12. Execution against delinquent collector. 13. When collector fails to pay, towns liable. 14. Same subject. 15. Liability of collectors. 16. When collector dies, what. 17. Warrant of town treasurer, form of. 18. When collector not chosen, eheriS's power. 19. Collectors of plantations. 20. Collectors impeded in collections. 21. Collector protected by his warrant. 22. Sureties must abide by the bond. 23. Collectors to give receipts. 1. The voters of a town, when they choose constables, may choose a collector or collectors of taxes, and agree what sum shall be allowed as a compensation for the performance of their duties ; but if those chosen refuse to serve, or if none are chosen, the constable or constables shall collect the taxes. R. S. c. 6, § 82. 2. Every collector or constable, required to collect taxes, shall receive a warrant from the selectmen or assessors. lb. § 84. 3. The assessors shall require such constable or collector to give bond for the faithful discharge of his duty, to the inhabi- tants of the town, in such sum, and with such sureties, as the municipal officers approve ; and bonds of collectors of planta- tions shall be given to the inhabitant thereof, approved by the assessors, with like conditions. lb. § 85. 4. The form of collector's bond may be as follows : — Know all men by these presents, that we ■ and , as sureties, of the town of — -, as principal, in coun- ty, are held and firmly bound unto the inhabitants of said town, in the sum of dollars ; to which payment, well and truly to be made, we bind ourselves, our heirs, executors and ad- ministrators by these presents. Witness our hands and seals this day of , 18 — . The condition of this obligation is such, that whereas said has been chosen a collector of taxes for said town, for the year 18 — ; now, if said shall well and faithfully COLLECTOR OP TAXES. 87 perform all the duties of his said ofHce, then this obligation to be void ; otherwise to remain in full force. Signed, sealed, and delivered ) A. B. (seal.) in presence of ) C. D. (seal.) E. F. (seal.) 5. All plantations, ordered by the legislature to pay any proportion of the public taxes, are vested with all the powers, so far as relates to the choice of constables and collectors, and requiring bonds from them, as towns are. R. S. c. 6, § 87. 6. When new constables or collectors are chosen and sworn, before the former officers have perfected their collections the latter shall complete all their collections. lb. § 93. 7. Every collector of taxes shall, once in two months, at least, exhibit to the municipal officers, and where there are none, to the assessors of his town, a just and true account of all moneys received on the taxes committed to him, and pro- duce the treasurer's receipts for money by him paid ; and if he neglects to do so, he shall forfeit to the town two and a half per cent, on the sums committed to him to collect, lb. § 102. 8. When a collector, having taxes committed to him to col- lect, has removed ; or in the judgment of the municipal offi- cers, assessors, or treasurerof a town, or committee or treasurer of a parish, is about to remove out of the state before the time set in his warrants to make payment to such treasurer ; or when the time has elapsed, and the treasurer has issued his warrant of distress ; in either case, said officers or committee of the parish, may call a meeting of such town, or parish, to appoint a committee to settle with him for the money he has received on his tax bUls, demand and receive of him such bills, and discharge him therefrom; and said meeting may elect another constable or collector ; and the assessors shall make out a new warrant, and deliver it to him with said bills, to collect the sums due thereon, and he shall have the same power in their collection as the original collector. lb. § 103. 9. If such collector or constable refuses to deliver the bills of assessment, and pay all moneys in his hands, collected by ' hiin, when duly demanded of him, he shall pay two hundred dollars to the use of the town or parish, and be liable to pay what remains due on said bills of assessment. lb. § 104. 10. When a constable or collector of taxes dies, becomes insane, has a guardian, or by bodily infirmities is incapable of doing the duties of his office before completing the collection, the assessors may appoint some suitable person a collector to 88 MAINE TOV/iXSMAN. perfect such collection, and grant him a warrant for the pur- pose ; and in these cases, the assessors may demand and leceive the tax bills of any person in possession of them, and deliver them to the new collector. lb. § 105. 11. When it appears that such insane or disqualified con- stable or collector had paid to the treasurer a larger sum than he had collected from the persons in his list, the assessors, in their warrant to such new constable or collector, shall direct him to pay sucb sum to the guardian of such insane, or to such disqualified constable or collector. lb. § 106. 12. When the time fixed by law for collecting any state tax has expired, and it is unpaid, the state treasurer shall, at the request of the municipal officers of any town, issue his execution against the collector thereof, lb. § 108. 13. If a deficient constable or collector has no estate which can be distrained, and his person cannot be found within three months after a warrant of distress issues from the state treas- urer ; or if, being committed to jail, he does not within three months satisfy it, his town shall, within three months after said three months, pay to the state treasury the sums due from Mm. lb. § 109. 14. The assessors having written notice from such treasurer of the failure of their constable or collector, shall forthwith, without any further warrant, assess the sum so due upon the inhabitants of their town as the sum so committed was as- sessed, and commit it to another constable or collector for collection ; and if they neglect so to do, the treasurer of the state shall issue his warrant against them for the whole sum due from such constable or collector, which shall be executed by the sheriff or his deputy, as other warrants issued by such treasurer. If after such second assessment, tlie tax is not paid to the treasurer within three months from the date of its com- mitment, the treasurer may issue his warrant to the sheriff of the coutity, requiring him to levy it on real and personal property of any inhabitants of the town, as hereinbefore pro- vided, lb. § 110. 16. Such deficient collector or constable shall at all times be answerable in^n action by such inhabitants for all sums they were obliged to pay, by means of his deficiency, and for all consequent damages. lb. § 111. i 1 6. If any collector or constable of a town, or parish, dies without settling his accounts of taxes committed to him to col- lect, his executor or administrator, within two months after his acceptance of the trust, shall settle with such assessors for what COLLECTOR OP TAXJCS. 89 was received by him in his lifetime ; with which such executor or administrator is chargeable as the deceased would be if liv- ing J and if he fails so to settle, when he has sufficient assets in his hands, he shall be chargeable with the whole sum com- mitted to the deceased for collection. lb. § 112. 17. If the constable or collector of any town, or parish, to whom taxes have been committed for collection, neglects to collect and pay them to the treasurer named in the warrant of the assessors by the time therein stated, such treasurer shall issue his warrant, returnable in ninety days, to the sheriff of the county or his deputy, who is directed to execute it, and in substance as follows : (lb. § 113.) A. B., treasurer of the of , in said county, to the sheriff of the county of , or his deputy, geeeting. Whereas C. D., of aforesaid, (addition) on the day of , being a of taxes granted and agreed on by tlie aforesaid, had a list of assessments duly made by the assessors of the aforesaid, amounting to the sum of , committed to him, with a warrant under their hands, directing and empowering hira to collect the several sums in the said assessment mentioned, and pay the same to the treasurer of aforesaid, by the day of , but the said C. D. has been remiss in his duty by law required, and has neglected to collect the several sums aforesaid, and pay them to the treasurer of the aforesaid ; and there still remains due thereof the sum of , and the said C. D. still neglects to pay it : You are hereby, in the name of the state, required forthwith to levy the aforesaid sum of , by distress and sale of the estate, real or personal, of the said C. D., and pay the same unto the treasurer of the said , returning the overplus, if any, to the said C. D. ; and for want of such estate, to take the body of the said C. D., and him commit to the jail in the county aforesaid, there to remain until he has paid the sum of , with forty cents for this warrant, to- gether with your feeSj or is otherwise discharged therefrom by order of law ; and make return of this warrant to myself, or my successor, as treasurer, of said , within ninety days from this time, with your doings therein. Given under my hand this day of , in the year one thousand eight hundred and . , Treasurer of . 8* 90 MAINE TOWNSMAN. 18. When a town neglects to choose any constable or col- lector, to collect any state or county tax, the sheriff of the county is authorized and directed to collect it, on receiving an assessment thereof, with a warrant under the hands of the assessors of such town duly chosen, or appointed by the county commissioners, as the case may be. lb. § 123. 1 9. When plantations neglect to choose constables or col- lectors, or if those chosen and accepting their trust neglect their duty, such plantations shall be proceeded with as in the case of deficient towns ; and such deficient constables or col- lectors shall be liable to the same penalties, and be removed in the same manner, as deficient constables and collectors of towns. lb. § 124. 20. Any collector impeded in collecting taxes in the execu- tion of his office, may require proper persons to assist him in any town where it is necessary, and any person refusing when so required shall, on complaint, pay not exceeding six dollars, at the discretion of the justice before whom the conviction is had, if it appears that such aid was necessary ; and on default of payment the justice may commit him to jail for forty-eight hours. lb. § 101. 21. In every case within the power of the assessors to de- cide, their warrant justifies the collector, and he is holden to execute it ; for he does not incur the penalty of their misdoings or wrong estimates. 10 Mass. R. 119. 22. Where the bond of a collector recited that he was duly chosen, it was held that the sureties could not controvert the legality of the meeting, nor the validity of his election. 8 Maine E. 334. 23. Collectors must give receipts when demanded, un- der a penalty of five dollars for refusing. Act March 15, 1862. NON-PAYMENT OF TAXES. 91 CHAPTER XXXII. DISTEESS AND COMMITMENT FOR NON-PAYMENT OF TAXES. 1. Collector's fees in case cf distress. 2. Disti-css for non-payment of taxes. 5. Public places. 4. Valid sale. 6. Evidence of appointment of collector. 6. Taxes against insolvent estates. 7. Form of notice of sale. 8. Overplus. 9. Account of sale. 10. Body of delinquent arrested. 11. If about to abscond. 12. Tax payable in instalments. 13. Proceedings when body is taken. 14. Certificat« to jailer. 15. When discharged as poor debtors. 16. Collector liable for tax, when. IT. Shares in corporations distrained. 18. Persons who have removed without paying tax. 19, Collector may distrain or arrest any where, 1. In case of distress and commitment for the non-payment of taxes, the officer shall have the same fees which sheriffs have for levying executions, saving that the travel, in case of distress, shall be computed only from the dwelling house of the officer, to the place where it is made. R. S. c. 6, § 83. 2. If any person shall refuse to pay his tax, the constable or collector to whom such tax is committed, with a warrant to collect the same, shall distrain him by his goods and chattels, and the distress so taken keep for four days, at the ex- pense of the owner ; and if he do not pay the sum assessed on him within that time, the distress so taken shall be sold by vendue by such officer for its payment, notice of such sale be- ing posted in some public place in town forty-eight hours before the expiration of said four days. lb. § 88. See below. 3. Taverns, stores, court house, custom house, and the post office, are deemed public places. 4. In order to render- a sale by a collector valid, there must be a substantial compliance with all the requirements of law. 5. The warrant of a collector may be evidence of his ap- pointment, but a record of it is better. 6. Taxes against an insolvent estate should be paid before debts to creditors. 7. For the place of a notice of safe to be posted up, see section third. The form may be as follows : Taken as a distress for taxes, and to be sold by public auc- tion for cash, at the tavern of , in the town of , on 92 MAINE. TOWNSMAN. the day of next, at o'clock in the forenoon, one ton of hay. July 9, 1858. Z. Q., Collector of Taxes of . 8. The officer, after deducting the amount of the tax and the expenses of sale, shall restore the balance to the former owner, with an account in writing of the sale and charges. R. S. c. 6, § 89. The return of a collector, upon his warrant, on the distress and sale of chattels, is prima facie evidence of his having tendered to the former owner the overplus arising from such sale. 17 Maine R. 100. A collector of taxes, legally qualified, acting within the scope of his powers, under a warrant from competent author- ity, may justify thereby the seizure and sale of the property of such delinquents as refuse to pay the taxes assessed against them. 40 Maine R. 526. 9. The following is a proper form for account of " sale and ' charges : " — Account of the sale of a lot of hay belonging to , of , taken, distrained, and sold by me, for the payment of his taxes in the bills committed to me to collect for the year 1858. One ton hay, sold to A. B. for C. D.'s taxes, $9,25 Poll tax, $1,50 Real and personal tax, 3,50 — 5,00 (Charges.) Travel, in district, $0,20 Carting hay, ■ 0,75 Weighing, 0,15 Loading, 0,20 Advertising and selling, 0,50 — 1,80 $1,80 Surplus to be returned to A. B. 2,45 $9,25 July 10, 1858. Z. Q., GoUector. The collector should keep a record of the notice and sale for his own security. 10. If a person assessed, for the space of twelve days after demand, refuses or neglects to pay his tax, and to show the constable or collector sufficient goods and chattels to pay it, he may arrest and commit him to jail till he pays it, or is dis- charged by law. R. S. e. 6, § 90. NON-PAYMENT OP TAXES. 93 11. If the assessors think there are just grounds io fear that any person so assessed may abscond before the end of said twelve days, the constable or collector may demand im- mediate payment, and on refusal he may commit him as afore- said, lb. § 91. 12. When a tax is made payable by instalments, and any person, who was an inhabitant of the town at the time of making such tax, and assessed therein, is. about to remove therefrom before the time fixed for any payment, the collector or constable may demand and levy the whole tax, though the time for collecting any instalment has not arrived ; and in de- fault of payment, he may distrain for it, or commit to jail, lb. § 92. 13. When any officer appointed to collect assessments by virtue of a warrant, for want of property arrests any person and commits him to jail, he shall give an attested copy of his warrant to the jailer, and certify, under his hand, the sum he is to pay as his tax, and the costs of an-esting and committing, and for want of goods and chattels whereon to make distress, he had arrested him ; and such copy and certificate shall be a sufficient warrant to require the jailer to receive and keep such person in custody till he pays his tax, charges, and thirty-three cents for the copy of the warrant ; but he shall- have the same rights and privileges as mentioned in chapter six, section one hundred and nineteen, of the Revised Statutes. lb. § 126. 14. Certificate to be made upon the copy of a warrant to be given to the prison keeper on commitment, as above : — July , 1858. I hereby certify that dollars and • cents is the sum which A. B., now committed to prison. is to pay as his proportion of the assessment within men- tioned ; that for want of goods and chattels whereon to make distress, I have taken his body upon the original warrant, of which this is a true and attested, copy, and have committed him to the common jail in this county. The costs of taking and committing are two dollars. A. B., Collector of . 15. When a person committed for non-payment of taxes due to the state or county is discharged from confinement by virtue of any statute for the relief of poor prisoners confined in jail for taxes, the town, whose assessors issued the warrant by which he was committed, shall pay the whole tax required of it. R. S. c. 6, § 127. 94 MAINE TOWNSMAN, 16. "When a person imprisoned for not pajdng his tax is discharged therefrom, the officer committing him shall not be discharged from such tax without a vote of the town, unless he imprisoned him within one year after the taxes were com- mitted to him to collect. lb. § 128. 17. For non-payment of taxes, the collector or constable may distrain the shares owned by the delinquent in the_ stock of any corporation ; and upon such seizure, the same proceed- ings may be had as when like property is taken and sold on execution. lb. § 94. The proper officer of such corporation, upon request of any constable or collector, shall give him a certificate of the shares or interest owned by such person in such corporation, and shall issue to the purchaser certificates of such shares. lb. § 95. 18. "When any person taxed in any town or plantation shall remove therefrom before having paid the sums assessed upon him, the constable or collector, with a legal warrant, may demand the same of him, in any part of the state^ and upon his refusal to pay the same, may distrain such person by his goods, and for want thereof may commit him to jail, lb. § 96. 19. A coUeGtor may distrain or arrest in any part of the State. Act March 24, 1863. CHAPTER XXXIII. UNPAID TAXES ON EEAIi ESTATE. 10. Unpaid taxes on lands of residents. 11. Owner to have written notice of sale. 12. Lands to be sold at auction. 13. Deed and certificate to be deposited. 14. Owner may redeem. 15. Deed delivered to purchaser, when. 16. No sale after two years. 17. Collector to return sales to town clerk. 18. Towns not liable for title. 19. Party purchasing, his duty. 1. Unpaid taxes on lands of non-resi- dents. 2. Proceedings at sale for taxes. 3. Purchaser may pay other taxes. 4. What is evidence of purchaser's title. 5. If law is not complied with. 6. Lands may be bid off to town. 7. Owner may redeem. 8. Forms of proceedings. 9. Collector cannot take personal proper- ty, when. I. Of Collection of Taxes in incorporated Places on Lands of Non-resident Owners. 1. At the expiration of nine months, and not exceeding twelve months, from the date of the commitment of his bills, the collector shall make an accurate copy of so much thereof as relates to the taxes assessed on the real estate of non-resi- dent owners, whether described as such in his bills by name UNPAID TAXES ON REAL ESTATE. 96 or as owners unknown, wtticli remain unpaid, and certify thereon that such taxes so remain unpaid, and deliver it to the treasurer of liis town. The treasurer shall forthwith record the list and certificate in a book kept by him for that purpose : said record shaU be sufficient evidence of the facts therem stated. The list so retui-ned, adding thereto the number and range of the lots, rights, and divisions, the valuation, or other short de- scription taken from the inventory, together with the valuation therein, which will serve to identify the estate, he shall cause to be published in the state paper, three weelcs successively, within three months after the date of the collector's return ; and he shall, in the advertisement so pubUshed, state the name of the town, and if it has been changed, for the whole or a part of the territory by the legislature, within three years, the pres- ent and former name shall both be stated, and give notice that if the taxes, interest, and charges are not paid within eighteen months from the date of the commitment, so much of the es- tate as will be sufficient to pay the amount due therefor, with interest and charges, will be sold without further notice, at public auction, at a place and at a day and hour therein named, after the expiration of the eighteen months, and not exceeding twenty months from the date of the commitment. The date of the commitment, the name of the collector, and the date of his return shall be stated in the advertisement. R. S. c. 6, § 142. 2. At the time and place appointed for the sale, the treas- urer shall offer for sale so much of the estate taxed as shall be required to pay the tax with interest at the rate of twenty- five per cent, per annum, commencing- at the expiration of twelve months from the date of the commitment, and the costs of advertising ascertained by adding to the sum paid the printer fifty per cent, thereof, and dividing the aggregate by the number of taxes advertised, the amount so obtained to be charged to each. If the bidding is for less than the whole, it shall be for a fractional part of the estate, and the bidder who will pay the sum due for the least fractional part shall be the purchaser. The treasurer shall, upon payment of the sum due by the bidder, by his deed, under his hand and seal of office, duly executed and acknowledged, in the name of the town, convey to the purchaser the estate so sold. He shall not deliver the deeds to the grantees, but put them on file in his office, to be delivered at the expiration of one year from the day of sale, in case the owner shall not within that time redeem his estate from the sale, by the payment of the taxes. 96 MAINE TOWNSMAN. interest,* and costs, as is above provided, with sixty-seven cents for the . deed and certificate of acknowledgment. If the deed is recorded within thirteen months after the day of sale, no intervening attachment or con- veyance shall affect the title. If so paid he shall give the owner a cer- tificate thereoi^ and cancel the deed, and pay over to the grantee, on de- mand, the amount so received for him. lb. § 143. As amended by Act March 19, 1860. Within four days after the sale he shall make a record of his doings, in his book mentioned in the first section. 3. The person interested in the estate, by purchase at the sale, may pay any tax assessed on the same estate, previously or subsequently to that so advertised, and for which the estate remains liable, and on filing with the treasurer the receipt of the officer to whom it was paid, the amount so paid shall be added to that for which the estate was liable, and shall be paid by the owner redeeming the estate, with interest at the satoe rate as on the other sums. After the deed is so delivered, the owner shall have six months within which to redeem his estate, by paying to the purchaser the sum by him so paid,, with interest at the rate of twenty-five per cent, per annum. lb. § 144. 4. In any trial involving the validity of any such sale, it shall be sufficient for the party plaiming under it to produce the treasurer's deed, duly executed and recorded, the assess- ments signed by the assessors, their warrants to the collector, and to show that the taxes were advertised according to law. lb. § 145. 5. Any owner of the real estate so taxed, having paid the taxes, charges, and interest as aforesaid, may, at any time within one year after making such payment, commence a suit against the town to recover the amount paid ; and if on trial it appears that any requirement of the law has not been com- plied with, in raising the money, assessing the tax, or in the subsequent proceedings for the collection thereof, he shall have judgment for the amount so paid and interest at the rate of twenty-five per cent, per annum ; or if a part only of the tax so assessed is liable to the objection, then for so much of the sum paid as will amount to such part, and the interest and charges to the same appertaining. lb. § 146. 6. The municipal officers of the town may employ one of their own number, or some other person, to attend to the sale of any real estate to be sold for taxes, in which their town is interested, and bid therefor a sum sufficient to pay the amount due and charges, in behalf of the town, and the deed shall be made to it. lb. § 147. * The interest is to be at the rate of twenty-flve per cent, to the time of re- demption. Act Feb. 28, 1801. UNPAID TAXES ON REAL ESTATE. 97 7. In all cases where real estate tas been sold for state, county, or town taxes, the owner may pay the sums necessary to redeem the same, within the time allowed by law, into the treasury of the state, county, or town to which the tax is to be paid, and such payment seasonably made shall, redeem the estate. lb. § 148. 8. Having made the copy required, the collector shall make his certificate to the treasurer in substance as follows : (lb. § 149.) To A. B., treasurer of the town of . I certify that the foregoing is an accurate copy of so much of the bills commit- ted to me as collector of said town, as relates to the taxes as- sessed on the real estate of non-resident owners in said town for the year 185 — , that remain unpaid at this date ; that the bills were committed to me on the day of , 185 — ; and that the said taxes are returned by me as unpaid. (Name of town.) (Date.) A. B., Collector of Taxes of the Town of for the Tear 185—. If the taxes are committed to a constable, the certificate must conform thereto. The treasurer's advertisement shall be in substance as follows : — Non-resident taxes in the town of , in the county of , for the year 185 — . [N. B. The name of the town was formerly , (to be stated in case of change of name, as mentioned in the one hundred and forty-second section.] The following list of taxes on real estate of non-resident owners in the town of , for the year 185 — , in bills committed to A. B., collector (or constable) of said town, on the day of , 185 — , has been returned by him to me as remaining unpaid on the day of , 185 — , by his certificate of that date, and now remain unpaid ; and notice is hereby given that if the said taxes, and interest, and charges are not paid in the treas- ury of the said town, within eighteen months from the date of the commitment of the said bills, so much of the real estate taxed as will be sufiBcient to pay the amount due therefor, including interest and charges, will, without further notice, be sold at public auction, at , in said town, on the day of 185—, at o'clock. [N. B. Here fol- lows the list, it being the same made by the collector to the 9 9 yo _ MAINE TOWNSMAN. treasurer; the short description taken from the inventory should be inserted in an additional column.] C. D., Treasurer of the Town of . The treasurer's return shall be in substance as follows : — Pursuant to the provisions of law, I caused the taxes as- sessed on the real estate of non-resident owners in the town of , for the year 185 — , returned to me by A. B., collector, and certified by him to be unpaid, under date of , 185 — , to be advertised in the , the state paper, three weeks successively, to wit : on the ■' day of , 183 — ; and afterwards on the day of , 185 — , at , in said , being the day and place of sale, at of the clock , being the hour of sale, I proceeded to sell, accord- ing to the tenor of the advertisement, the estates upon which the taxes so assessed remained unpaid ; and in the schedule following is set forth each parcel of the estate so offered for sale, the amount of the taxes, interest and charges for which it was sold, the quantity sold, and the name of the purchaser ; and I have made and executed deeds of the several parcels to the several persons entitled thereto, and placed them on file in my office, to be disposed of as the law requires. SCHEDULE NO. I. Name of j Amount of tax, interest, Quantity I Name of pur- 1 Description of owner. | and charges. sold. I chaser. | property. In witness of all which I have hereunto subscribed my name, this day of , 186 — . C. D., Treasurer of the Town of . The above return of the treasurer, being made in his book, shall he prima facie evidence of the facts herein stated. 9. When real estate has been taxed, as non-resident, the collector is not justified in seizing and selling personal proper- ty, but must pursue the mode pointed out for the collection of non-resident taxes. 19 Maine R. 100. II. Of GoUection of Taxes in Incorporated Places on Real Estate of Resident Owners. 10. For all taxes legally assessed on real estate belonging to resident proprietors, and on equitable interests assessed, a UNPAID TAXES ON REAL ESTATE. 99 lien is created, which shall continue in full force until the pay- ment thereof. If any such tax remains unpaid for the term of nine months from the date of the assessment, the collector may give notice thereof, and of his intention to sell so much of such real estate or interest as is necessary for the payment of said tax and aU charges, hy posting notices thereof in the same manner and at the same places, that warrants for town meetings are required to be posted, six weeks before the day of sale, designating the name of the owner, if known ; the right, lot, and range ; the number of acres, as near as may be ; the amount of tax due and unpaid ; and such other short de- scription as is necessary to render it certain and plain ; and shall lodge with the town clerk a copy of such notice, with his certificate thereon, that he has given notice of the intended sale as required by law. Such copy and certificate thereon shall be recorded by said clerk, and the record so made shall ■ be open to the inspection of all persons interested. It shall be the duty of the clerk to furnish to any person desiring it an attested copy of such record, on receiving payment or ten- der of payment of a reasonable sum therefor. K. S. c. 6, § 150. 11. After the land is so advertised, and at least ten days before the day of sale, the collector shall notify the owner or occupant thereof of the time and place of sale, by deUvering to him in person, or leaving at his last and usual place of abode, a written notice signed by him, therein stating the time and place of sale and the amount of the taxes due. If such tax is paid before the time of sale, the amount to he paid for such advertisements and notice shall not exceed one dollar, lb. §151. 12. When no person appears to discharge the taxes duly assessed on any real estate of resident owners, with costs of advertising, on or before the time of sale, the collector shall proceed to sell at public auction, to the highest bidder, so much of such real estate or interest as is necessary to pay the tax then due, with three dollars for advertising and selling it, and twenty-five cents more for each copy required to be lodged with the town clerk. If more than one right, lot, or parcel of land is so advertised and sold, the said sum of three dollars shall be divided equally among the several lots or parcels ad- vertised and sold at any one time ; and the collector shall be entitled to receive, in addition, fifty cents on each parcel of real estate so advertised and sold, when more than one parcel is advertised and sold. lb. § 152. 13. "When any real estate is so sold for taxes, the collector 100 MAINE TOWNSMAN. shall, ■within four days after the day of sale, lodge with the treasurer of his town a certificate under oath, d^ignating the quantity of land sold, the name of the owner or owners of each parcel, and the name of the purchaser or purchasers ; what part of the amount on each was tax, and what was cost and charges ; and also a deed of each parcel sold, running to the purchasers. The collector shall be allowed and paid by the treasurer, to be repaid by the person redeeming or by the purchaser, on delivery of the deed, the sum of fifty cents for each deed. lb. § 153. 14. Any person, to whom the right by law belongs, may, at any time within two years from the time such certificate is lodged with the town treasurer, redeem any real estate or in- terest of resident proprietors sold for taxes, on paying into the town treasury for the purchaser, the full amount so certified to be due, both taxes and costs, including that allowed for the deed or deeds, with interest on the whole at the rate of twenty per cent, per annum from the date of said certificate, which shall be received and held by said treasurer as the property of the purchaser. lb. § 154. 15. In case no person, having legal authority so to do, re- deems the same within the time aforesaid by paying the full amount required by this chapter, said treasurer shall dehver to the purchaser the deed or deeds so lodged with him by the collector. lb. § 155. 1 6. No officer, to whom a warrant for collection of taxes is committed, shall sell any real estate for non-payment of taxes after two years from its date. lb. § 156. 17. It shall be the duty of the collector making any sale of real estate for non-payment of taxes, within thirty days after such sale, to make a return, with a particular statement of his doings in making such sale, to the clerk of his town, who shall record it in the town records ; and said return, or if it is lost or destroyed, an attested copy of the record thereof, shall be evidence of the facts therein set forth in aU cases where such collector is not personally interested. lb. § 159. 18. A town is not responsible for the failure of title to land sold and conveyed by their collector for town taxes. The risk of title is upon the collector and purchaser. It is upon the latter, except so far as he may be protected by covenants of the collector. For the breach of such covenants, the remedy is solely against the collector. 34 Maine R. 266. 19. A party claiming to hold land under a sale for the pay- ment of state or county taxes, must, in equity, as well as at DUTIES OF TOWN TREASURER. 101 law, prove the facts necessary to establish its validity. 36 Maine R. Iffi. A sale of land by the town collector for de- linquent taxes will convey no title unless the requisite prelim- inaiy proceedings be proved. lb. 176. See also 38 Maine R. 461. CHAPTER XXXIV. DUTIES OP TOWN TREASURER WHEN COLLECTOR OP TAXES. 1. Towns may choose treasurer to be col- lector. 2. Assessors to deposit assessments with treasurer. 3. Treasurer's powers to continiie. 4. Treasurer to give bond. 5. Form of boncL 6. Treasurer may issue warrant to dio. train. 7. Treasurer may distrain, when. 8. Officer to give notice before distraiil- ing. 9. Perm of notice. 10. Officer may serve warrant. 1. The inhabitants of a town may in March annually ap- point their treasurer a collector of taxes ; and he may then appoint under him such number of assistants as are necessary, who shall give bond for the faithful discharge of their duties in such sum and with such sureties as the municipal officers approve ; and he shall have like powers as are vested in col- lectors chosen for that purpose. R. S. c. 6, § 180. 2. The assessors of any town, which, at its annual meeting, regulates the collection of its taxes agreeably to the provisions of the two preceding sections, shall assess their taxes in due form, and deposit thein in the hands of the treasurer for col- lection, with their warrant for that purpose, after he and his deputies are duly qualified. lb. § 132. 3. All the powers granted in this chapter to treasurers, who are appointed collectors of taxes, shall be extended till the collec- tion of any tax committed to them is completed, notwithstanding the year for which they were appointed is elapsed. lb. § 133. 4. The municipal officers of towns shall require the treas- urer thereof to give bond, with sufficient sureties, for the fiiith- ful performance of the duties of his office, and if he neglects or refuses to do so, it shall be deemed a refusal to accept the office, and the town shall proceed to a new choice, as in case of vacancy. lb. § 134. 5. The form of bond may be as follows : — r- Know all men by these presents, that we, A. B., of ^ 9* 102 MAINE TOWNSMAN. in the County of , as principal, and C. D. and E. F., of said , as sureties, are held and firmly bound unto the in- habitants of said town of , in the sum of dollars ; to Trhich payment, well and truly to be made, we bind ourselves, our heirs and executors, by these presents. Witness our hands and seals, this day of , A. D. 18 — . The condition of this obligation is such, that, whereas the said A. B., treasurer of said town, has been appointed collect- or of tases of said town, for the year 18 — ; now, if the said A. B. shall weU and faithfully discharge all the duties of said office, then this obligation to be void ; otherwise, to remain in full force and virtue. A. B. (seal.) C. D. (seah) E. F. (seal.) 6. The treasurer of any town, who is also collector, may issue his warrant to the sheriff of the county, or to his deputy, or to a constable of his town, directing him to distrain the person or property of any person who is delinquent in paying his taxes, after the expiration of the time fixed for payment by vote of the town ; which warrant shall be of the same tenor as that issued by assessors to collectors, changing such parts as ought to be changed, returnable to the treasurer in thu-ty days. E. S. c. 6, § 136. 7. "Whenever the treasurer thinks there is danger of losing, by delay, a tax assessed on any individual, he may distrain his person or property before the expiration of the time fixed by the vote of the town. lb. § 137. 8. Before such officer serve alny such warrant, he shall de- liver to the delinquent, or leave at his last and usual place of abode, a summons from said collector and treasurer, stating the amount of the tax due, and that it must be paid within ten days from the time of leaving such summons, with twenty cents for the officer leaving such summons. lb. § 138. 9. The form of such summons may be as follows : — To A. B., of : The taxes assessed against you m the town of , for the year , and committed to me for col- lection, are as follows : [here state the amount of the taxes ;] you are hereby notified that the same must be paid to me, within ten days from the day of leaving this summons, with the additional sum of twenty cents for the officer leaving this summons. C. D., Treasurer and Collector of . 10. If such sums be not so paid, the officer shall serve such warrant as collectors of taxes are authorized to do. lb. § 138. TITLE IV. HIGHWAYS, BRIDGES, fee. Chapter 35. Town "ways and private ways. Chapter 36. Power of county commissioners relating to town waysr Chapter 37. Liability of towns to repair highways. Chapter 38. Obstructions in highways. Chapter 39, Surveyors of highways. Chapter 40. Road commissioners. Chapter 41. Guide posts. Chapter 42. Law of the road. Chapter 43. Raihroads. Chapter 44. ToU bridges, C^HAPTER 45. Ferries. Chapter 46. Aqueducts. Chapter 47. Drains and common sewers. CHAPTER XXXV. town ways ajjd private ways. 1. Mnnicipal ofScers may lay out towD ways. 2. Form of notice. 3. Proceedings to be confirmed by the town. 4. Form of laying out a town way. 5. Notice and form of laying out a pri- vate way. 6. Pomi for widening and straightening a town way. 7. Laying out to be recorded by the town clerk. 8. Width of the road to he stated. 9. The occasion for a town way. 10. Same subject. 11. When the laying out is illegal. 12. A road should be of public utility. 13. Towns hare no right to Tote to lay out a road. 14. When a new road is established. 15. Towns cannot raise money for a county road. 16. Towns may discontinue ways. 17. Damages, how estimated. 18. Rule for estimating damages. 19. Discontinuance of way, effect oH 20. Authority of towns. 21. Right of road contractors. 22. Discontinuance, when takes effect. 1. The municipal officers of towns may personally or by agency lay out, alter, or widen town ways and private ways, for one or more of its inhabitants, or for owners of cultivated (103) 104 . MAINE TOWNSMAN. land therein, on petition therefor. They shall give written notice of their intentions, to be posted for seven days, in two public places in the town and in the vicinity of the way, de- scribing it in them. R. S. c. 18, § 18. « 2. The form of notice may be as follows : — Notice is hereby ^ven, that it is the intention of the selec(> men of the town of , upon the application of , to lay out, [if to widen and straighten, say "to make wider and straighter,"'] a town way in said town, for the use of said town, beginning at and ending at , in said town, and that they will meet for said purpose on the day of in- stant, at , in said town, at o'clock in the noon ; and all persons interested therein will govern themselves ac- cordingly. Given under our hands, this day of , 18 — . A. B.) C. D. >■ Selectmen of . E. F.) 3. A written return of their proceedings, containing the bounds and admeasurements of the way, and the damages al- lowed to each person for land taken, is to be made and filed with the town clerk. The way is not established until it has been accepted in a town meeting legally called afterwards, by a warrant containing an article for the purpose. lb. § 19. 4. The form of laying out a town way may be as follows : — The subscribers, selectmen of , upon the application of , to lay out a town way in said town, beginning at and ending at , having given seven days' notice of our intentions to lay out the same, and stated in said notice the ter- mini thereof, by posting said notice in two public places in said town, and in the vicinity of the proposed route, to wit, at and at , in said town, on the day of instant, and having met at the time and place appointed for that pur- pose, and having personally examined the route proposed, are of opinion that there is occasion for a new town way for the use qf said town as proposed ; we therefore lay out said way as follows, beginning at the school house in district No. 5 in said town ; thence running south nine degrees east through land of A. B., thirty rods to a stake; thence north thirty degrees west of land of G. H., to a stake near the house of I. 0. ; the line described to be the middle of the highway, and the high- * They mnet also determine whether it shall be a town or private way; and if private wliether it shall be subject to gates and bars. Act Feb. 29, 1860. TOWN WAYS, PRIVATE WAYS, AND BRIDGES.. 105 way to be rods wide ; and we agree with the owners of the land over which the road passes, for their damages, as fol- lows, to wit : to the said A. B.-, to pay him $ ; to the said E. F., to pay him $ ; and to the said G. H., to pay him $ ; to be paid by said town before said road is opened, [or as the case may Je;] we award to said A. B. $ , to said E. F. $ , and to said G. H. % , for their damages, to be paid by said town respectively ; and we allow the several owners, respectively, months to take off the wood stand- ing or growing on Said land, and to remove the fence. Such laying out, with the boundaries and admeasurements, has been filed with the town clerk, on the day of , being seven days before this meeting ; and we now hereby report such laying out, with the boundaries and admeasure- ments of the same, to said town, at the meeting of the inhab- itants regularly warned and notified, for them to accept and allow the same. Given under our hands this day of , 18 — . A. B.) D. ^ C. D. >• Selectmen of . E. F. ) 5. The notice and form for laying out a private way for the use of one or more inhabitants of any town, may be the same as in sections two and four, except omitting the words " for the use of said town," and adding instead " for the use of inhabitants [or 'proprietors of land '] of said town." 6. The form, in case of widening and straightening a town way, may be the same as ift section four, omitting the words "occasion for new town way," and adding "occasion for widening and straightening the town way." 7. The notice, laying out of the selectmen, and the doings of the town thereon, should be recorded at length by the town clerk, in the books of the town, and attested by him, thus : " A true copy from the original. Attest: A. B., town clerk." And he should preserve the original on file. * 8. If the width of the road is not stated, half of the road will be presumed to be on each side of the line described ; but it should be stated. 9. The power of selectmen to lay out town or private ways should not be exercised unless the public necessity and con- venience require it, and unless the rights of individuals through whose land the road passes shall be considered. 10. "When the public exigency is such that it will justify 106 MAINE TOWNSMAN. the taking of lands of individuals, without their consent, for a town way, and also justify the imposing a burden upon the town for making the road, and keeping it in repsiir, then there is occasion for a town way. 11. But if it is laid out because individuals offer to pay part of the expense, or build part of the road, or for any other reason than the public exigency, the laying out is illegal. After the road is laid out, the town may receive donations, or any individual may relinquish his claim for damages. 12. It is no objection to laying out a town way in any town that the road will be more used by strangers than inhabitants of the town ; for the utility of a road to any town consists less in the actual passing it by the inhabitants, than facilitating the intercourse of strangers with them. 13. A vote of the town, that the selectmen should lay out a particular town way, is unauthorized ; it being the intention of the law, that the selectmen should exercise their own discretion on the subject. 5 Pick. R. 392. 14. When a town way has been regularly laid out by the selectmen, and approved by the towii, it is an established way, and the surveyors, in making such road passable, cannot be trespassers. 15. A town has no authority to raise money to aid in build- ing a road, which is by law to be made at the expense of the county. 11 Pick! R. 396. 16. A town, at a meeting called by warrant containing an article for the purpose, may discontinue a town or private way ; and the municipal officers shall estimate the damages suffered by any person thereby. R. S. c. 18, § 20. 17. The damages for a town way are to be laid by the town ; for a private way, by those for whose benefit it was stated in the petition to be, or wholly or partly by the town, if under an article in the warrant to that effect it votes to do so, at the meeting accepting such private way, or by cities, if it is proposed in the return laying out such way. Any person aggrievJu by the estimate of damages, on petition to the com- missioners, may have them assessed in the manner provided respecting highways. lb. § 21. 18. In estimating damages to any person by the laying out of a way, the value of the lands taken, the expense of fencing against a road, the damage done to the lands remaining, or other injuries, as cutting off the water, &c., should be taken into consideration. 19. "When a way is legally discontinued, the public TOWN WATS. 107 right of passage ceases, and the owner has his land again, free from the encumbrance ; but, if it is discontinued before it is opened, a person who sustains damage by such discon- tinuance is entitled to recover such damage. 3 Metcalf E. 558. , . 20. The authority of towns extends only to town and pri- vate ways. 21. The contractors with a town to make and open a county road, which is obhgatory upon the town to build, are not re- stricted in reference to suitable means in which to effect their object, provided opportunity is given to the owner of land over which the road passes to take from it such things as he has a legal right to do. 36 Maine R. 551. 22. An unrestricted vote to discontmue a town way takes effect from its passage. 37 Maine E. 52. A town way, which had its origin and continuance by virtue of a legal loca/- tion, may be discontinued, although used for more than twenty years. lb. 69. CHAPTEE XXXVI. POWBE, OP COUNTY COMMISSIONERS RELATINS TO TOWN WAYS. 1. Municipal officers refusing to lay out town ways, what. 2. Towns refusing to accept or discontinue ways, wliat. 3. Form of petition to commissionors. 4. Petition for increased damages. 5. Ways, when not affected. 6. Time fixed for discontinuance. 7. Wiien towns neglect order of commis- sioners. 8. Power of plantations. 1. When the municipal officers unreasonably neglect or re- fuse to lay out or alter a town way, or a private way on peti- tion of an inhabitant, or of an owner of land therein, for a way leading from such land under improvement to a town or high- way, the petitioner therefor may, within one year thereafter, present a petition, stating the facts, to the commissioners of the county at a regular session, who are' to give notice thereof to all interested, and proceed to act thereon as is provided respect- ing highways. Their decision, returned and recorded, is to be conclusive ; allowing those aggrieved by their estimate of dam- ages a right to have them assessed by a committee or jury as is provided respecting highways. When their decision is returned and recorded, parties interested have the same right to appeal to the supreme judicial court in said county, and also the same right to have their damages estimated 108 MAINE TOWNSMAN. by a committee or jury as is provided in this chapter re- spectina; highways. R. S. ch. 18, § 22, as amended by Act March 16, 1862. 2. When a town unreasonably refuses to discontinue a town or private way, or to accept one laid out or altered by the selectmen, the parties thereby aggrieved may, within the time, and in the manner stated in the preceding section, present a petition to the commissioners, who shall in like manner pro- ceed and act thereon, and cause their proceedings to be re- corded by their own and by the town clerk ; and the rights of all parties may be preserved and determined as provided in that section. lb. § 23. 3. The form of petition to commissioners, when the town refuses to lay out a town way, may be as follows : — To the honorable, the court of county commissioners for the county of , next to be holde.n in said county of , at , on the day of , 18 — : Humbly shows that a town way from to , in such town, would he of great public convenience; that the selectmen of said town, after notice and hearing of the parties, have laid out such way, and reported the same to the town, at a public meeting of the inhabitants duly notified and warned; yet the town has un- reasonably refused to allow and approve said town way laid out by the selectmen aforesaid, and to put the same on record ; wherefore your petitioner, considering himself aggrieved by such delay and refusal, prays that your honors would, agreeably to law in such case made and provided, accept and approve said town way, and direct the same to be duly recorded. Dated at , A. D. 18—. W. M. 4. In petitions for increase of damages on account of such ways, the like proceedings may be had, and the rights of the parties may be determined, as provided for like purposes re- specting highways. When it appears by the reports of muni- cipal officers, by the records of towns, or by the records of commissioners, that notice was not given as required, such petitions may be filed with the clerk of the commissioners within two years after a final decision. R. S. c. 18, § 24. 5. When a town way has been laid out or altered by the commissioners, their proceedings cannot be affected by any ac- tion of the town within five years ; and when one has been discontinued by them, it cannot be again laid out by the town within two years. The commissioners have the same power to alter or discontinue such ways for five years, as they have respecting highways. lb. § 25. LIABILITY OF TOWNS TO REPAIR HIGHWAYS. 109 6. When a town, private, or highway, is wholly or partly discontinued by the commissioners, a time is to be fixed for it. And when laid out by them, the way is to be regarded as dis- continued, if not opened within six years from the time allowed therefor. lb. § 26. 7. When a town or highway is not opened and made pass- able by the town liable, within the time prescribed therefor by the commissioners, they may, after notice to the town, cause it to be done by an agent, not one of themselves, on petition of those interested. The agent shall make a written contract therefor, and file a copy of it in the clerk's ofiice ; and the com- missioners shall forthwith certify to the assessors of the town interested, the time when such contract is to be completed, and the amount to be paid therefor. They may examine the doings of their agent, and at pleasure remove him and appoint another. His account is not to be allowed without notice first given to the town. When the contract has been completed and the accounts allowed, the town becomes liable to pay the amount expended, with the expenses of the agent for superintendence, and for procuring the allowance of his account. If the town neglects to pay for thirty days, a warrant of distress is to be issued by the commissioners to collect the same. lb. § 27. 8. Plantations required to assess a state or county tax have the like powers and are subject to the like liabiUties and pen- alties as towns, respecting ways. Their assessors have the like powers, and are to perform the like duties, as municipal ofilcers of towns, respecting them. lb. § 28. CHAPTER XXXVII. LIABILITY OP TOWNS TO REPAIR HISHWATS. 1. Ways to be kept open and in repair. 3. Surveyors responsible for defects, when. 3. Ways between two towns repaired. 4. Same subject. 5. Towns may raise money for repairs. 6. Abatements of highway tax. 7. Injuries by defects in ways. 8. What is proof of way. 9. Jnjaries when load exceeds six tons. 10. Indictment, what it may include. 11. Fines for defects, how appropriated. 12. Fines, how collected. 13. Same subject. 14. Legal decisions toaching liability of towns. 1. Highways, town ways, and streets, legally established, are to be opened and kept in repair so that they are safe and con- venient for travelers with horses, teams, and carriages. In 10 110 MAINE TOWNSMAN. default thereof, those liable may be indicted, convicted, and a reasonable fine imposed therefor. R. S. c. 18, § 37. 2. When a fine is imposed, as provided in the above section, the surveyor, in whose district the way was, shall pay to the town the amount of such fine and costs ; or he, instead of the town, may be indicted, if the defect existed from his neglect to expend the money in his rate bill, or to give notice of any defi- ciency thereof to the municipal officers. lb. § 65. 3. When a way is established on a line between towns, their municipal officers shall divide it crosswise, and assign to each town its proportion thereof by metes and bounds, which, within one year thereafter, being accept^ by each town, at a legal meeting, shall render each town liable in the same manner as if the way were wholly within the town ; when a division of it is not so made, the selectmen of either town may petition the county commissioners, who are to give notice by causing a copy of such application, with their order thereon, appointing a time and place of hearing, to be served upon the clerk of each town for thirty days, or by causing it to be published in some newspaper printed in the county for three weeks previous to the time appointed ; and after hearing the parties, they may make such division. lb. § 38. 4. A highway may be laid out on the line between towns, part of its width being in each, and the commissioners may then make such division of it and enter the same of record, and each town shall be liable in all respects as if the way as- signed to it were wholly in the town. lb. § 39. 5. Towns may raise money for the repair of bridges and ways, and direct the same to be assessed and collected as other town taxes, to be expended for the purpose by the selectmen or by road commissioners, as the town directs. lb. § 51. 6.- A town, at its annual meeting, may authorize its assess- ors to abate not exceeding three dollars of the highway tax of any person, upon proof that he has owned and used on the ways during that year cart wheels having felloes not less than six inches wide. And they shall abate three dollars from such tax of any inhabitant, who shall construct, and during the year keep in repair, a watering trough beside the highway, well supplied with water, the surface of which shall be two and a half feet or more above the level of the ground, and easily accessible for horses and carriages, if the assessors think such watering trough for the public convenience. If more than one person in a surveyor's district claims to furnish it, the munici- pal officers are to decide where it shall be located. lb. § 52. TOWN WAYS. Ill 7. If any person receives any bodily injury, or suffers any damage in his property, through any defect or want of repair or suificient railing in any highway, town way, causeway, or bridge, he may recover for the same of the county, town, or persons obliged by law to repair the same, if such county, town, or persons had reasonable notice of the defect or want of re- pair. If the life of any person is lost through any such defi- ciency, the parties liable to keep the same in repair, if they have reasonable notice of such deficiency, shall forfeit not ex- ceeding one thousand dollars, to be paid to the executor or administrator of the deceased for the use of his heirs, to be recovered by indictment. lb. § 61. See Act Mar. 25, 1863. 8. When it appears on trial of any such action or indict- ment, that the party defendant has, within six years before the injury, made repairs on the way or bridge, it shall not be com- petent for him to deny the location thereof. lb. § 62. 9. No town is hable for such an injury when the weight of the load, exclusive of the carriage, exceeds six tons. lb. §63. 10. One indictment only for neglect to open ways or to keep them in repair is to be presented against a town at the same term of the court ; but it may contain as many counts as are necessary to describe all portions of ways alleged to be defec- tive. The word "highway" used therein will include town ways, causeways, and bridges, lb. § 64. 11. All fines imposed are appropriated to the repair of such ways. The court imposing them is to appoint one or more agents to superintend the collection and appUcatiori of them, lb. § 66. 12. When a fine is imposed on a town, the clerk of the court is to certify it forthwith to the assessors, who are to assess the amount thereof, as other town taxes, and certify the same to the clerk of the court, and cause the amount to be collected by their collector, who is to pay the same to such agent at such time as the court orders. If not paid by that time, the clerk, on application of such agent, is to issue a warrant for its collection, as the treasurer of state is authorized to do for the collection of a state tax. lb. § 67. 13. If the assessors neglect to make such assessment and to certify it to the clerk, and the defective way is not repaired to the acceptance of such agent within four months after no- tice of the fine, the court may issue a warrant to collect of the town the fine and costs, or the unpaid part thereof. lb. § 68. 112 MAINE TOWNSMAN. 14. Legal Decisions touching the Liability of Towns. If a road or bridge is out of repair, travelers should be warned of their danger by a railing, or something else which may answer the purpose. This should be done by the sur- veyor, and the repairs made Ibrthwith. 2 Fair. R. 294. The town becomes answerable for an injury occasioned by the defect in any highway from the time it was opened for public travel. 13 Pick. R. 102. Notice to a town of the defect of any highway may be in- ferred from the notoriety of the defect, and its continuance for any length of time. 13 Pick. R. 94. By "damage in his property," through a defect* in a high- way, within the meaning of the Revised Statutes, chapter twenty-five, section eighty-nine, [sect. 7 of this chapter,] is in- tended some injury to an article by which its value is destroyed or diminished. A mere loss of one's time, or an addition to his expenses, is not within the statute. 33 Maine R. 271. Juries are not to infer a defect in a highway at a particular time and place, merely from the fact that an mjury was then and there sustained. lb. 460. The statute imposes upon a town no liability for any defect or want of repair in its public roads, so long as they are kept in a condition safe and convenient for travel. 36 Maine E. 393. If from an omission on the part of a town to keep in repair its culvert under a public road, an injury accrue to the neigh- boring land from the flowing back of the water, the remedy, if any, against the town, is only at the common law. But when such back flowing arises from an obstruction placed in the culvert by a mere wrong-doer, the town cannot be held liable for the injury. lb. Structures for the passage of travelers, erected over a rail- road where it crosses a public highway, fall under the designa- tion of bridges. For the want of proper repair of such bridges and their abutments, being a part of the highway which the tovm is bound to maintain, the town is liable to in- dictment. 37 Maine R. 451. For an injury received by a defect occasioned hj freezing and thawing of the road, the town is liable to the party in- jured, if they have reasonable notice of such defect. lb. 250. Towns, in making necessary repairs on their streets and sidewalks, may interrupt public travel and obstruct them, with- out liability. But ways undergoing repair should not be left OBSTRUCTIONS IN HIGHWAYS. 113 in the night time without precautionary means to give travel- ers warning. If such precautionary means are neglected, towns are liable. 38 Maine R. 219. A town is not liable for injuries to property, by defective highways, unless the person in charge of the property exer- cised ordinary care. lb. 443. A traveler, with his horse and carriage, where the highway is unobstructed, without notice of a carriage behind him, may use any part of it wrought for public accommodation. 40 Maine R. 64. For injuries to travelers occasioned by a necessary altera- tion of a highway, through want of sufficient notice of the change, the town is liable. lb. 96. When, by reason of snow drifts, that part of the highway prepared for travel becomes impassable, and a passage way outside and over the gutter of the road is used, instead of the road, the town is liable for damages resulting from such use. If a thaw and rain occur prior to the accident, it is suf- ficient notic^o the town that such way is unsafe. lb. 176. A town having notice of a defect in a highway, is liable for injuries after it is constructed and opened for travelers, al- though the time in which it was allowed to buUd it after its acceptance had not elapsed. 39 Maine R. 113. CHAPTER XXXVIII. OBSTKUCTIONS IN HIGHWATS. 1. Fences aeross a road removed. 2. All obstmctions to be remoTed by surveyor. 3. Persona convicted of nuisance to pay. 4. Pasturage on roads. 6. Highways include bridges. 6. Overflowing highway. 1. Any person may take down and remove gates, bars, or fences, upon or across any public way, unless they are there to prevent the spread of infectious disease, or were placed there by license of the county commissioners or municipal officers of the town. To those granting such license, a person aggrieved by such removal may apply, and on proof that such erections were made by their hcense, they may order them to be replaced by the person who removed them. R. S. c. 18, § 69. 2. When logs, lumber, or other obstructions, without neces- 10* H 114 MAINE TOWNSMAN. sity are left on such ways, the surveyor, within whose district they are, or in his ahsence any other surveyor, may remove them ; and he shall not be liable for any loss or damage there- of, unless occasioned by design or gross negUgence. When no person appears to pay the expense and trouble of removal, he may sell at public auction so much thereof as will be sufficient for the purpose, with charges of sale, first posting notice of the time and place of sale in two pubhc places in the town, seven days prior thereto. The person, through whose neglect or willful default they were left, is liable to be prosecuted as for a nuisance. lb. § 70. 3. When any thing has been adjudged to be a nuisance, and to be abated, and the materials of which it is composed do not, on sale as aforesaid, produce sufficient to pay the charges of prosecution, removal, and sale, the court may order the de- ficiency to be raised by levy on the personal property of the person convicted of causing such nuisance. lb. § 71. (See Chapter XXXIX., upon the powers and duties of sur- veyors of highways, for additional information upfei the subject of obstructions.) 4. In a highway laid out through the lands of individuals the public has only a right of passage. No person has a right to pasture it, or to plow it, except for repairs, or to cut grass growing on it. 6 Pick. R. 57. 5. " Highways " include bridges thereon. 6. A town may recover for damage sustained by throwing back the water upon the banks of its public highway by means of a dam. 35 Maine E. 247. SUBTEYORS OF HIGHWAYS. 115 CHAPTER XXXIX. SURVEYORS OF HIGHWAYS. - 1. ABsignment of division and limits. 2. FormofaasignmeQt. 3. Torm of appointment to fill vacancy. 4. Money raised for highways j lists. 5. Form of committing lists to surveyors, 6. Surveyor's duties. 7. Snow encumbrance. 8. Same subject. 9 Delinquents. 10. Trees may be planted. 11. Surveyor may remove obstades. 12. Watercourses not to injure. 13. Injury by grading street, 14. Expending more than tax. 15. Contracts for work on ways. 16. Bills to be exhibited. 17. Balances to be paid treasurer. 18. Legal decisions. 1. When the municipal officers are appoiated surveyors of highways by a town, they may in writing delegate their power, or part of it, to others. They shall annually, before the tenth day of April, make a written assignment of his division and limits to each surveyor of highways, to be observed by him. E. S. c. 18, § 40. These divisions and limits should be as- signed and recorded by the selectmen. The power of the surveyor does not result from this act of the selectmen. It merely constitutes him sole judge of the duty to be performed within his limits. 2. The form of assignment of the surveyor's divisions and limits may be as follows : — To A.' B., one of the surveyors of highways in the towtt of : The division and limits of district No. 1, in the town of , which are to be kept in repair by you for the present year, are as follows, to wit : [here insert the bounds.li Given under our hands this day of , A. D. 18 — . A. B.S C. D. y^ekctmen of . E. F.) 3. The form of appointment of surveyor to fill a vacancy may be as follows : — To A. B., of the town of : Whereas a vacancy has occurred in district No. 1, in said town, of a surveyor of high- ways ; we, the selectmen of said town, agreeably to the author- ity vested in us hy law, do hereby appoint you a surveyor of 116 MAINE TOWNSMAN. highways in said district No. 1, to fill the vacancy which has occurred therein ; and you are to possess all the powers and execute all thjs duties appertaining to said office. Given under our hands this day of , A. D. 18 — . A.B.S C. D. >- Selectmen of . E. F.) 4. Each town shall annually raise money to he expended on the town and highways, to be assessed as other town charges. The assessors shall deliver to each surveyor, on or before the tenth day of May, a list of the persons and of the assessments on them to be expended within his limits. Two thirds thereof are to be so expended before the first day of the next July. R. S. c. 18, § 41. 6. The form of committing lists to surveyors of highways may be as follows : — To A. B., one of the surveyors of highways of the town of : The following is the list of the persons, and of the sums against whose names they are set, at which they are severally assessed, to be expended in labor and materials on the highways and bridges in said town, within the limits assigned you by the assessors of said town. You are to give reasonable notice in writing, if desired, to each person on your said list, resident in said town, of the sum he is assessed on the said list to the highways and town ways, and also forty-eight hours' notice of the times and places you shall appoint for providing materials and laboring on the same, that each person may have opportunity to work thereon in person, or by substitute, or with his oxen, horses, cart, or plow, at the prices affixed by the town to such labor or materials, which are as follows, to wit : [here state the prices voted by the town.'] And, in case of payment in money of any sum or sums thus assessed, the same you are to expend, ac- cording to your best discretion, in labor or materials for repairing the ways within your limits. You are to cause at least two thirds of the sum committed to you on said list for making and repairing the ways, to be laid out and expended before the first day of July next, and the residue before the . You are to exhibit this rate bill to the selectmen of said town on the first Monday of July next,, and also at the expi- ration of the term for which you have been appointed, and at SUBVEYORS OP HIGHWAYS. 117 those times respectively render an account of all moneys that may have been expended by you on the ways ; and also, at the expiration of your term of office, you are to .render to the assessors a list of such persons as have been deficient, on due notice, in working out or otherwise paying their highway tax. And, if any money shall remain unexpended in your hands after the expiration of your term of office, you are to pay the same to the treasurer of said town. Given under our hands this day of , 18 — . A. B. C. D. E. F. Assessors of ■ HIGHWAY TAX. Names. PolH Poll tax. Real estate. Personal. 1 Total. A. B. C. D 1 1 0,87 87 4,75 2,90 3,91 1,10 9,53 4,87 6. Surveyors shall give reasonable notice, and in writing if required, to each person on his list resident in town, of the amount of his tax, and give forty-eight hours' notice, extraor- dinary casualties excepted, of the times and places appointed for furnishing labor and materials at prices fixed by the town therefor, aifording each an opportunity to work with his oxen, horses, cart, or plow, to the amount of his tax. The tax may be paid to the surveyor in money, who shall expend it faith- fully for repairing the ways. R. S. c. 18, § 42. 7. When ways within his limits are blocked up or encum- bered with snow, the surveyor shall forthwith cause so much of it to be removed or trodden down, as will render them pass- able. The town may direct tlie manner of doing iL In case of sudden injury to ways or bridges, he shall, without delay, cause them to be repaired. lb. § 43. 8. There shall be furnished and kept in repair in each sur- veyor's district, through which there is a mail route, some eifectual apparatus for opening ways obstructed by snow, to be used to break and keep open the way to the width of ten feet. lb. 5 44. 9. Each surveyor, at the expiration of liis term, is to ren- der to the assessors a list of such persons as have not worked out or paid their taxes. The assessors are to place the amounts due from each in distinct columns in their next assess- 118 MAINE TOWNSMAN. ment of town taxes on such delinquents, to be collected as other town taxes, and paid to the treasurer. lb. § 45. 10. A sum not exceeding five per cent, of the amount com-- mitted to him, may be expended by a surveyor, under the di- rection of the municipal officers, in planting trees about public burying grounds, squares, and ways within his district, if the town by vote authorizes it. lb. § 46. 11. A surveyor, within his district, may remove any obsta- cle which does or is likely to obstruct a way or to render its passage dangerous. He may dig for stone, gravel, or other material suitable for making or repairing ways in land not enclosed or planted, and remove the same on to the ways. If the land from which such materials were taken is not within the limits of the way, the owner of it is to be paid therefor in money by the town, to be recovered, after demand and refusal by the surveyor, in an action as on an implied promise. lb. §47. 12. No surveyor, without a written permission first obtained from the municipal officers, shall cause a watercourse to be so conveyed by the side of a way as to incommode any person's house or other building, or to obstruct any person in the pros- ecution of his business. Any person so aggrieved may com- plain to the municipal officers, who shall view the watercourse and may cause it to be altered as they direct. lb. § 48. 13. When a way or street is raised or lowered by a survey- or or person duly authorized, to the injury of an owner of land adjoining, he may, within a year, apply in writing to the municipal officers, and they shall view such way or street, and assess the damages, if any, occasioned thereby, to be paid by the town, and their decision is final. lb. § 49. 14. When the sum appropriated is not sufficient to repair the ways in a surveyor's district, he may, with the written consent of the selectmen, employ inhabitants of the town to labor for pay, not exceeding fifteen per cent, of the amount committed to him. lb. § 50. 15. Towns may authorize their surveyors or other persons to make contracts for opening or repairing their ways ; and surveyors to collect taxes on their lists not paid within the time limited ; and their assessors shall, for that purpose, deliver to them warrants in substance like warrants for the collection of town taxes. Such warrants, with the hsts, may be delivered to the collector, who shall collect as he does other town taxes, and pay them to the respective surveyors, who shall account to the municipal officers for the expenditure thereof. lb. § 53. SURVEYORS OF HIGHWAYS. 119 16. Surveyors are to exhibit their rate bills to tlie muni- cipal officers on the first Monday of July, and at the expira- tion of their terms, and at those times, render an account of all money by them expended on the ways. Any one unrea- sonably neglecting to do so shall forfeit twenty dollars to the use of the town, to be recovered in an action of debt. lb. § 54. 17. Money remaining in their hands, not expended at the expiration of their offices, is to be paid to the treasurer of the town. If not so paid, after demand, the same, with the addi- tion of twenty per cent., may be recovered in an action for money had and received, in the name and for the use of the town. lb. § 55. 18. Legal Decisions relative to the Powers and Duties of Sur- veyors of Highways. When any distress is made by a surveyor, he must make a return of his doings on the warrant, and this return should state the notice, as in the warrant, and all the facts, fully and explicitly. 15 Maine E. 248. A surveyor has no authority to repair a way at his own ex- pense, and then to call upon the town for indemnity ; and where a surveyor, before his limits were assigned, repaired a way which did not come within his limits, he was without remedy. 4 Pick. R. 149. A surveyor may cut and remove trees growing in a highway, to repau- the road, and if he convert the wood to his own use he will be a trespasser. 1 N. H. R. 16. If the road in any district is out of repair, and the highway tax IS not sufficient to repair it, the surveyor should immedi- ately notify the selectmen, who must cause the repairs to be made at the expense of the town. If the public safety and convenience require a leveling of the road, he should not abuse his authority, to iniure propertv bordering on the road. 1 Pick. R. 428. i" i- J' A surveyor of highways, who, after expending the assess- ments committed to him for the repair of the road, and finding the same to be insufficient, is directed by the selectmen to pro- ceed in the work, and thereupon expend a further sum, hai no remedy against the town for remuneration, unless such direc- tion was m writing. 30 Maine R. 157. For labor done upon the highway, under the survevor's express promise to pay for it, an action may be maintained agamst him, although the laborer may not have satisfied the 120 MAINE TOWNSMAN. jury that the defendant intended to render himself personally liable. A surveyor has no authority to employ laborers upon the highway, upon the credit of the town, except by the written consent of the selectmen, when the money appropri- ated for the repaii's within his limits proves insufficient. 34 Maine U. 405. CHAPTER XL. ROAD COMMISSIONERS. 1. Towns may elect road commissioners. 2. Their powers, duty, and compensa- tion. 3. Notifying non-residents and absentees. 4. Delinquent taxes. 5. Discount for casli. 1. Towns at their annual meetings may elect one, or not exceeding five, road commissioners, instead of surveyors. They are to be sworn ; and vacancies may be filled at any legal town meeting. Except as otherwise provided by statute, they are to have the powers and be subject to the duties and penalties of surveyors. They may at any time assign the care and oversight of the ways to any of their number, and receive such compensation as the town provides. R. S. c. 18, § 56. 2. The assessors are to deliver to such commissioners a rate bill of all highway taxes assessed for the year, with an annexed statement of the prices fixed for labor and materials. The collection of any part of the taxes may be assigned by them to any of their number, who are to notify the persons taxed, and require of them the performance of like labor, in like manner as surveyors might. Their certificate to the as- sessors shall be evidence of notice, and of the neglect of any person who does not perform. lb. § 67. 3. These commissioners may give notice to non-residents, and to persons absent from town, without leaving the name of an agent with the town clerk, or having any agent known to them, of the amount assessed to them, by posting advertisements thereof in two public places in the town. If no person appears and pays within twenty days thereafter, the commissioners may make return of such notice and neglect, as provided in the preceding section. lb. § 58. 4. The taxes of such delinquents may be collected as other town taxes, by the collector, one of the commissioners, or by a person designated by them to the assessors. Such collector or GUIDE POSTS. 121 person is to be sworn, and give bond approved by the commis- sioners for the faithful discharge of his duties. The assessors are to commit lists of such taxes to him, with their warrants for collection. He is clothed with the same powers as collect- ors of town taxes, and is to render his account, and make pay- ment of the amount collected to the commissioners until the next annual meeting, and after that to the treasurer of the town, who is to have the like powers and be subject to the like obligations, to compel such account and payment as he has in regard to collectors of town taxes. lb. § 59. 5. Towns may at their annual meeting authorize road com- missioners to receive money in payment, and allow therefor, when paid before certified as delinquent, such discount from the taxes as the town may determine. When more thau one commissioner is chosen, the municipal officers are to name one of them to be chairman, who is to keep the rate bills, a record of money received and paid, and hold the money subject to payment, as the commissioners order. He is to give bond with sureties to the town for the faithful performance of his duties, to be approved by the municipal officers. When only one is chosen, he is to give bond in like manner, and be rei- sponsible for the performance of all duties pertaining to the office. lb. §60. CHAPTER XLI. GUIDB POSTS. 1. Snide posts; doty of municipal offlcere. | 2. Ouide posts, how and where erected. 1. Towns shall erect and maintain guide posts at such places on ways as are determined by the municipal officers to be necessary and convenient for travelers. The places designated are to be entered of record by the clerk. The municipal offi- cers for an unreasonable neglect of this duty shall forfeit five dollars for each month. E. S. c. 18, § 73. 2. Towns shall erect, at each place so designated, a substan- tial post not less than eight feet high, and fasten to the upper end of it a board or boards, on which is to be plainly painted, in black letters on a white ground, the name of the next town on the route, and of such other place as the municipal officers direct, with the number of mUes thereto, and the figure of a 11 122 MAINE TOWNSMAN. hand with the fore-finger pointing thereto. Towns at their annual meeting may adopt effectual substitutes. For neglect of these duties, a town forfeits five dollars for each post not erected and maintained. Plantations assessed in a state or county tax are under the same obligations and subject to the same penalties in these respects as towns. lb. § 74. CHAPTER XLII. LAW OP THE ROAD. 1. Definition of words " way " and " team " when used. 2. Teams to turn to the right ; unable to stop, 3. Whteu stationary, or traveling slowly, , allow others to pass. 4. Not to stand on way to obstruct il^ nor he without a driver. 6. Bells on horses drawing runners. 6. Damages to injured party, penalty. 7. Teams to walk on bridges. 8. Boards forbidding fast driving on bridges to be exposed. 9. Driver of team of passengers not to leave it without charge or fastening. 10. Certain teams to have wide-rimmed wheels on certain roads. 11. Law of the road applies to streets. 12. Meaning of ■' traveled part of the road." 13. Traveling on left side of road. 14. Father may sue for damages to child. 15. When one cannot turn tothe right. 1. The word "way" includes all kinds of public wkysj and the word " team " all kinds of conveyances on such ways for persons and for property. R. S. c. 19, § 1. 2. When persons traveling with a team are approaching to meet on a way, they are seasonably to turn to the right of the middle of the traveled part of it, so far that they can pass each other without interference. When it is not safe, or is diificult, on account of weight of load, to do so, a person about to be met or overtaken, if requested, is to stop a reasonable time, at a convenient place, to enable the other to pass. lb. §2. 3. When a person with a team is stationary, or traveling slowly on a way at a place unsafe or inconvenient for passing him with a team, he is, if requested, to drive to the right ot left, or to stop a reasonable time at a convenient place, td allow the other to pass. lb. § 3. 4. No' person is to leave his team stationary on a way so as to obstruct the free passage of other teams, or is to allow his team to be on a way without a driver. lb. § 4. o. Three or more bells are to be.fastened to one of the foremost horses drawing teams on snow without wheels. lb. LAW OF THE ROAD. 123 6. Any person injured by a violation of any provision of the previous sections, may recover damages in an action on the case, commenced within one year. Any person found guilty of such a violation forfeits not less than one, nor more than twenty dollars. lb. § 6. 7. No team is permitted to travel faster than a walk on a bridge erected wholly or partly by the state, nor on any bridge covered with plank and fifty feet long composing part of a way, nor on a bridge owned by a corporation, when notice is given. lb. § 7. Amended by Act Feb. 11, 1860. 8. For a willful violation of the provisions of the pre- ceding section, a person forfeits three dollars to be recov- ered on complaint to the use of the owners of the bridge, or the town required to keep it in repair, with the costs of prosecution ; but no person passing after sunset and before sunrise is liable to such forfeiture without proof that he previously had actual notice. lb. § 8, as amended by Act Feb. 11, 1860. 9. The driver of a team having passengers therein con- veyed for hire, who leaves it without any j)erson in charge of it, and without fastening it securely, may be punished by fine not exceeding thirty dollars, or by imprisonment not exceeding one month. lb. § 9. 10. Teams with wheels, when drawn by more than two horses or oxen, must have the rims of their wheels at least four inches wide, when drawn by more than four horses or oxen at least five inches wide, when travehng on the Matta- nawcook road from Milford to Lincoln village ; the military road from there to Houlton ; Aroostook road from the military road to Aroostook River ; Fish Eiver road from that river to Fort Kent ; and the road from Guilford Village to Moosehead Lake. And no team drawn by more than six horses or oxen is allowed to travel on them. These provisions are not ap- plicable to stage or pleasure carriages, or to those owned by the state or the United States, or to any cart or wagon owned by settlers in the vicinity and used for farming purposes. The owner or driver of a team violating this provision for- feits twenty dollars, and one dollar more for each mile of road passed, to be recovered by complaint before a justice of the peace in the county where the offense was committed ; and on a libel or complaint he may issue his warrant to seize and de- tain such team to respond to such fine and costs. lb. § 10. 11. The law of the road appUes to streets of cities and populous villages. 124 MAINE TOWNSMAN. 12. By the " traveled part of the road " is intended that part of the road which is usually used for traveling. 4 Pick. E. 126. 13. If a man travel on the left side of the road, he must not interfere with any person lawfully passing on that side ; if he does, he is answerable for damages. 2 Fair. E. 339. 14. The father of a minor daughter may maintain an action against a person, for loss of her services, by an injury in being thrown from a vehicle, while traveling on the road, in consequence of a collision with the defendant's team, occa- sioned by his carelessness. 25 Maine E. 39. 15. When it is not practicable for a person, meeting an- other with a team on the road, to turn to the right of the middle of the road, he should stop a reasonable time, at a convenient part of the road, to enable the other person to pass, and without any request from him. lb. CHAPTEE XLIII. EAILROADS AND STEAMBOATS. 1. Lands may he taken for rajlroada. 2. Crossing streets and highways. 8. Same subject. 4. Bell or whistle on locomotiTe. 5. Notice at crossings. 6. Gates at crossings. 7. Fences to be made. S. Persons killed en railroad. 9. Walking on road illegally. 10. Highways, how to be passed by t glues. 11. Passengers' baggage, when left. 12. Home subject 13. Same siilyect. 14. What applicable to steamers. 1. A railroad corporation may take and hold real estate necessary for the location, construction, and convenient use of its road ; may purchase land therefor ; may take it under the limitations and conditions and in the manner provided for taking it for highways, not to exceed four rods in width, un- less necessary for excavation, embankment, or to procure ma- terials. No meeting house, dwelling house, or public or private burying ground, can be taken without consent of the owners. The land is to be taken and held as land taken for highways ; and all materials in or upon it may be used for the road. E. S. c. 51, § 2. 2. Eailroads may cross highways in the line of the rail- road, but cannot pass along them without leave of the town. The conditions and manner of crossing are to be first deter- RAILROADS AND STEAMBOATS. 125 mined, in writing, by the county commissioners, and entered in their records, who are to give reasonable notice of their inten, tions to the selectmen of the town in which such crossing is proposed. When the corporation is dissatisfied with their decision, it may make a written application to the governor, who is to appoint three disinterested persons, not residents ot the county, who, after notice to the commissioners, and at the expense of the corporation, are to revise and adjudicate upon the matter ; and their decision, signed and recorded in the records of the commissioners, is to be final. No crossing ot ^ street in a city, not a highway, is to be made without the written consent of the mayor and aldermen, stating the man- ner and conditions thereof, to be recorded in the records of the commissioners. Crossings not so made are to be regarded as nuisances, and may be so treated,_and the directors making them are personally liable. lb. § 15. 3. Upon a written application, and after notice to those in- j;erested, the commissioners may authorize any way to be raised or lowered, or its course to be altered, to facilitate a grossing, and may prescribe the manner in which it is to be done by the corporation. While its passage is hereby ob- structed, a temporary way is to be provided by the corpora- tion, lb. §16. 4. A bell of the weight of thirty-five or more pounds is to be placed on each engine used on a railroad, and rung at the distance of eighty rods or more from the place of crossing of any way on the same level, and kept ringing until the engine has crossed such way. A steam whistle of equal power of sound may be substituted for the bell, and used in like man- ner, lb. §19. 5. Boards, with the words " Eailroad crossing ; look out for the engine while the bell rings," or, " the whistle sounds," painted on each side, in letters of the length of nine inches, plainly legible, are to be placed across a way, where it is crossed, supported so high as not to obstruct the travel, and to be easily seen. lb. § 20. 6. When the municipal officers of a town deem it necessary for public safety that gates should be erected across a r£|,ilroa4 where it crosses a way, and that a person should be appointed to open and close them, they may in writing request it to be done ; and in case of neglect or refusal, they may apply to the commissioners to decide upon its reasonableness, who, afteB notice and hearing, are to decide upon it. When they decide that such request .is reasonable, the corpor^tipft \s U) comply 11* 126 MAINE TOWNSMAX. with it, and pay the costs. When they decide otherwise, the costs are to he paid by the apphcants. lb. § 21. 7. Legal and sufficient fences are to be made on each side of land taken for a railroad, where it passes through enclosed or improved land, or wood lots belonging to a farm, before a construction of the road is commenced, and they are to be maintained and kept in good repair by the corporation. For any neglect of it during the construction of the road, and for injuries thereby occasioned by its servants, agents, or contract- ors, the directors are jointly and severally personally liable; For any subsequent neglect, the corporation is liable to a fine sufficient to maie or repair the fence, to be recovered by indict- ment, and expended by an agent appointed by the court to make or repair the fence. lb. § 23. 8. When an accident occurs on a road, resulting in the death of a person, the corporation using it is to give immediate notice thereof to the county attorney, who is to call upon a coroner, residing near the place of the accident, to hold an inquest upon the bodies of those whose deaths were so occa- sioned. If the county attorney does not reside within ten miles of that place, some justice of the peace, residing in the county, is to be called upon to notify a coroner to hold such inquest, before notice is given to the attorney to be present at it. lb. § 30. (See " Coroner's Inquests," last of Miscellaneous Forms.) 9. A person, without right, standing or walking on a rail- road track or bridge, or passing such bridge in any manner other than by railroad conveyance, forfeits not less than five, nor more than twenty, dollars. lb. § 44. 10. No engine or train is to be run across a highway near the compact part of a town at a greater speed than six miles an hour. Nor is any way to be unreasonably and negligently obstructed by engines, tenders, or cars. The corporation for- feits not exceeding one hundred dollars for every such offence, lb. § 46. 11. Railroad corporations are to publish in one newspaper printed in each county where there is a passenger depot, in tiie months of January and July of each year, a list of the effects of passengers which have been left by them, and remain un- claimed, at any place in their possession. The effects are to be described by aU such marks on them as serve to identify them. lb. § 49. 12. Articles remaining unclaimed for six months after being 60 advertised, are to be examined by the municipal officers of TOLL BRIDGES. 127 the town where the articles are, on notice given, and they are to cause them to be sold at auction, or to be advertised again as before. lb. § 50. 13. After deducting from the proceeds of sale the expenses due to the corporation, and the costs of advertising, examina- tion, and sale, any balance is to be paid to the treasurer of state for its use. lb. § 51. 14. The effects left by passengers in steamboats are to be advertised as provided in section twelve of this chapter. The provisions contained in the last three sections are applicable to passenger steamers, lb. c. 62, § 7. CHAPTEE XLIV. TOLL BKIDGES. 1. Military companies, and persons going to funeral or worship on Sabbath, pass free. 2. Persons to give toll gatherer name and place of abode. 3. Restrictions on weight of teams and droves of cattle and horses. 4. Penalty for delaying passengers. 5. Two persons only and children to pass in a carriage toll free. 6. Penalty for injuring toll gates or ai>- tempting to pass without paying toll. 7. Covered toll bridges to be lighted. 8. Surrender of toll bridges to county. 9. May take land for toll houses, 1. All military companies, vfith their ordnance and equi- page, on days of training or review, while under arms, or in going to or returning from their place of parade, and all per- sons going to or from any funeral, or public worship on the Sabbath, may pass over any toll bridge free of toll. E. S. c. 50, § 1. 2. Every traveler, claiming to pass any toll bridge free, shall communicate to the toU g^;therer his name and place of abode if required. lb. § 2. 3. If any person driving neat cattle or horses over any toll bridge more than fifty feet in length from one abutment, pier, or tressel part to another, without the consent of the toll gath- erer, or agent of the corporation owning it, permits more than twenty neat cattle or horses to be on such bridge at the same time, or drives or transports over it any loaded cart, wagon, or other carriage, the weight whereof exceeds forty-five hundred pounds, exclusive of the team and carriage, and thereby breaks it down or injures it, neither he nor the owner of any property under his charge shall recover any damages against such cor- poration for his loss or injury. lb. § 3. 128 MAINE TOWNSMAN. 4. If a bridge corporation, or its agent, unreasonably delays or hinders any person driving any cart, wagon, sleigh or other carriage, from passing any toll gate, the corporation shall for-, feit to such person not less than two, nor more than twenty dollars. lb. § 4. 5. No more than two persons and children with them, not received for the purpose of evading the payment of toll, shall have a right to pass any toll bridge in any carriage free of the toll payable by foot passengers in addition to the toll due on the carriage. lb. § 5. 6. If any person maliciously breaks down or otherwise de- stroys or injures any toll gate, or toll bridge, or passes or at- tempts to pass such gate with intent to avoid the payment of toll, when liable thereto, and it is demanded, he shall forfeit not less than five, nor more than fifty dollars to the use of the proprietors of the bridge, in addition to any actual damage caused by him ; but no process shall be maintained to recover such penalty, unless the corporation has complied with the re- quirements of its charter, and the bridge is in repair, as pub-r lie safety and interest require. lb. § 6. 7. Every toll bridge, if in whole or in part covered, shall be suitably lighted with not less than one sufficient light for evejy seventy-five feet thereof in length which is covered, commencing within twenty minutes after sunset, and continuing until ten o'clock in each evening ; except at the seasons of the year, if any, when toll is not demanded. lb. § 7. 8. When a toll bridge corporation offers to the county com- missioners of the county or counties where it is established, to surrender its bridge free of cost or incumbrance, and they think it for the public interest and convenience, they shall ac- cept it, and it shall thereafter be the property of such county or counties, and be maintained at their expense ; but they shall not so accept a bridge connecting with a way not located and accepted by the town or county where it is situated. lb. § 8. 9. Towns, corporations and individuals, owning ferries and bridges authorized by law to receive toll, may take and use lands within the limits of the highway, on either bank of the stream for the purpose of erecting and main- taining a toll house provided said toll house does not ob- struct the public travel. Act March 19, 1862. FERRIES. 129 CHAPTER XLV. FERRIES. 1. County commissioners may license fer- ries. 2. May establish them to be supported by towns. 3. Penally for neglect to keep safe boat, and to gi\e prompt attemlance. 4. Person injured by neglect or default of ferryman. 5. Ho ferry within oue mile of a steam or horse ferry. 6. Penalty for keeping a ferry, or trans- porting, contrary to law. 7. Ice to be leveled and way kept in re- pair in winter. 8. Penalty for neglect of it ; liability for injuries. 9. Licensed ferrymen not to use steam or horse boats. 10. At steam and horse ferries other boats may be used in times of danger. 11. Obstructions of ferry ways prohibited; penalty. 12. Piers may be suck at ferries to guide boats. 1. County commissioners may license persons to keep ferries at such places and for such times, as are necessary, ex- cept where they are otherwise legally established ; may estab- lish tolls for the passage of persons and property ; revoke such licenses at pleasure ; and shall take from the persons licensed, a bond to the treasurer of the state, with sureties, for the faithM performance of his duties. R. S. c. 20, § 1. 2. When no person is found to keep them, the towns in which they are established, are to provide a person to be licensed to keep them, and are to pay the expenses, beyond the amount of tolls received, for maintaining them. When estab- lished between towns, they are to be maintained by them in such proportions as the commissioners order. For each month's neglect to maintain such ferry or its proportion there- of, a town forfeits forty dollars. lb. § 2. 3. Every keeper of a ferry is to keep a suitable and safe boat, or boats, for use on the waters to be passed, and give prompt attendance for passage, according to the regulations established for the ferry. For neglecting to keep such boat, he forfeits twenty dollars, and for neglect of attendance, one dollar. lb. §3.* 4. Any one injured in his person or property by the neg- ligence or default of a ferryman, may commence a suit on his bond. lb. § 4. 5. When a ferry is established by the legislature to be passed by a steam or horse boat, no other ferry can be es- tablished on the same river within one mile above or below it. lb. §5. * When the County Commissioners remove a ferryman, they must appraise his boat and other property used in running the ferry, which his successor must purchase, if the removed person assents. See Act March 9, 1860. 130 MAINE TOWNSMAN. 6. A person, who keeps a ferry contrary to the provisions of sections one and two, or without autljioyity transports pas- sengers or property across any licensed or established ferry for hire, forfeits four dollars for each day such feny is kept, or for each time of transportation, and is also liable to the party in- jured and keeping the ferry at or near the place, for damages sustained by him, in an action on the case. lb. § 6. 7. When tidal waters, over which ferries are established, become so frozen that travelers may pass on the ice, the keep- ers of them are to level the ice and clear and repair the pas- sage way from day to day, so that the same may at all times be safe and convenient for travelers with teams, sleds, and sleighs. Such way for passage may be made from a public landing sufiiciently near to be connected with the opposite ferry landing. The commissioners are to fix a reasonable compen- sation therefor, to be paid from the county treasury. Or they may contract with another person to perform such duties, and give notice thereof to the keeper of the ferry before the river is closed ; and during the continuance of such coptract the liabilities of the keeper are transferred to the person contract- ing, lb. §7. 8. The ferryman, or person so contracting, forfeits ten dol- lars for each day's neglect to perform such duty, and is Uable to pay damages to any person injured thereby. lb. § 8. 9. A licensed ferryman, who uses at his ferry a boat pro- pelled by steam or horse power, forfeits his license, and is liable to pay the damages occasioned thereby to any person or corporation. lb. § 9. 10. Persons required to use, at a ferry, steam or horse boats, when the passage by them is dangerous, may use other safe boats. lb. § 10. 11. Any person who places a wier or other obstacle, or without necessity, anchors or places a raft, vessel, or water craft, so as to obstruct the ordinary passage way of any boat at a ferry licensed or established, forfeits twenty dollars to the use of the proprietor of the ferry, unless such obstruction was inadvertently made, and removed within thirty minutes, if practicable, after notice giveji of its improper position, or iinless it was occasioned by hauling into a wharf, pier, landing, or dock, without any unreasonable delay or willful misconduct, lb. § 11. 12. The proprietors of a ferry, to guide their boats, may sink piers above and below and near their ferry ways, on eadi side of the river, not more than twelve feet in length or AQUEDUCTS. 131 breadth, and not so sunk as to injure any wharf or landing, where vessels had previously taken or discharged freights. lb. § 12. CHAPTER XLVI. AQUEDirCTS. 1. Meeting of proprietors for incorporflr tion; forms of application and war- rant. 2. Declared a corporation. 3. Mode of calling meetings; clerk to be cliosen. 4. Registry of shares and transfers. 5. Directors and otlier officers ; president to be chosen'. 6. Assessments, and collections thereot 7. Penalties for breach of by-laws. 8. Manner of voting. 9. Corporation may hold real estate. 10. May dig up highways or streets, by permission. 11. Penalty for injuring an aqueduct. 12. Towns may draw water iu case of fires. 1. Any persons, associated by agreement in writing as pro- prietors of an aqueduct, for the purpose of conveying fresh water into or within any town, or of any funds for establishing such aqueduct, may apply, in writing, to some justice of the peace for the county in which any portion of the aqueduct is situated, or proposed to be made, stating the name and style of their association, and the objects of their proposed meeting, and requesting such justice to issue his warrant to some one of the persons applying, directing him to call such meeting; and such justice may thereupon issue his warrant, stating therein the time, place, and object of such meeting ; and the proprietor, to whom the warrant is directed, shall notify such meeting, by posting up the substance of the warrant, with his notice an- nexed thereto, seven days at least before the meeting, in some public place in every town in which any portion of the aqueduct is, or is proposed to be made. R. S. c. 54, § 1. The form of appUcatiou to a justice may be as follows : — To C. E., Esquire, one of the justices of the peace, within and for the county of Cumberland, State of Maine : — The subscribers, associated by agreement in writing, as pro- prietors of [or of funds for establishing] an aqueduct, under the name and style of , request you to issue a war- rant to one of the said proprietors, hereby applying to you, directing him to call a meeting of said proprietors, to be held 132 MAINE TOWNSMAN. at , in , on the day of , 18 — , at o'clock in the noon, for the following objects, to wit : — [Here state the purpose of the meeting.'\ A. B. CD. The form of warrant by the justice may be as follows : — STATE OP MAINE. To A. B., of , in said county, one of the pro- prietors of the aqueduct association : — Whereas A. B. and C. D. associated by agreement, in writing, as proprietors of an aqueduct under the name and style of the Aqueduct Association, have applied to me, C. E., Esquire, one of the justices of the peace within and for said county, requesting me to issue a warrant to you, being one of said applicants, directing you to call a meeting of said proprie- tors, according to law, to be held at , in — ; — , on the day of next, 18 — , at o'clock in the noon, for the purpose ^- [here state it."] You are hereby required to notify the proprietors aforesaid to meet at the time and place, and for the purpose aforesaid. Dated at aforesaid, the day of , A. D. 18 — . C. E., Justice of the Peace. Notification. Pursuant to the foregoing warrant, to me di- rected, I do hereby notify the proprietors aforesaid to meet at the time and place, and for the purpose aforesaid. Dated at ■ , this day of , 18 — . A. B. 2. The proprietors aforesaid, duly assembled pursuant to such warrant, and their successors, shall be a corporation, by the name and style mentioned in their application. lb. § 2. 3. They may at any legal meeting agree upon the method of calling future meetings of the corporation, and choose a clerk, who shall be duly sworn, and fairly and truly record, in books to be provided and kept by him for that purpose, all by-laws, votes, and other proceedings of such corporation. 4. At or immediately after the first meeting, the clerk shall enter, in the books aforesaid, the names of the several proprie- tors, and the shSires owned by each ; and the subsequent trans- fer of shares shall be entered by him in said books, within three months after it is made, in such form, and for such fees. AQUEDUCTS. 133 as the directors order ; and no person shall be deemed a pro- prietor, whose share or interest is not so entered. lb. § 4. 5. The proprietors may choose any number of directors and other officers to manage the business of said corporation ; and the directors shall choose one of their number president, lb. § 5. 6. The directors may make such assessments on the pro- prietors of the shares in such aqueduct or funds as they find necessary ; and if a proprietor fails to pay such assessment for thirty days after notice thereof, they may maintain an action on the case in their corporate name to recover the amount thereof, or may sell, by public auction, so many of his shares, as will be suificient to pay the same, with necessary charges ; the sale of such shares shall be first notified, by advertising in some news- paper printed in the county three weeks successively, or by posting up notifications thereof, twenty days at least before the sale, in some public places in each of the towns wherein such aqueduct is, or is proposed to be made ; and the surplus mon- eys, if any, arising from such sale, shall be paid to the owner of the share so sold. lb. § 6. 7. Such corporation may impose penalties for the breach of any of their reasonable by-laws, not exceeding thirty dollars for each offense. lb. § 7. 8. At any meeting, the proprietors shall be entitled to one vote for each share by them held, and may vote by written proxy. 9. Such corporation may purchase and hold any real estate necessary for the purpose of their association, not exceeding thirty thousand dollars in value. lb. § 10. 10. With the written consent of the municipal ofijcers of the town, they may dig up and open any street or way for the purpose of placing pipes necessary in constructing such aque- duct, or for repairing or extending it, if it is done so as not to prevent the convenient passing of teams and carriages. lb. § 1 1 . 11. If any person maliciously injures any such aqueduct or any of its appurtenances, he shall forfeit a sum not exceeding twenty dollars to the use of the town, and be liable in a civil action to pay treble the amount of the damages sustained. lb. § 12. 12. Any town, in which such aqueduct is placed, may put conductors into its pipes for the purpose of drawing, free of expense, as much water as necessary when any building is on fire therein, if they are so secured that water is only drawn for extinguishing fires. lb. § 13. 12 134 MAINE TOWNSMAN. CHAPTER XLVII. DRAINS AND COMMON SEWERS. 1. Penalty for laying drains in highways or streets without authority. 2. Municipal officers aathorized to con- struct public drains. 5. Dami^es, how assessed and paid. 4. Private drains, regulations, application fur permits. 6. Amount to be paid for permit, how ad- justed. 6. Drains heretofore constructed^ how maintained and managed. 7. Penalty for connecting private drains with public without permit. 8. Penalty for violation of permit. 9. Drains to be k^pt in repair ; penalty for neglect. 10. Record of proceedings to be kept, and of- ficers of town to compel prosecutions. 11. Sum for permit to be paid in sixty days ; fees of arbitrators. 12. Private drains, how repaired, in case of neglect of owners. 13. Penalty for willfully or carelessly in- juring public drains. 14. All who enter a private drain pay their proportion. 15. To be paid in ten days aft«r notice. 16. Notice to be given before opened for repair. 1. Whoever digs up the ground in a highway or street for laying or repairing any drain or common sewer, without the written consent of the municipal officers, shall forfeit for each offense four dollars to the use of the town. R. S. c. 16, § I. 2. The municipal officers of a town may construct public drains or sewers, in a substantial manner, through, along, or across any public street, highway, or town way therein, at the expense of the town, and they shall be under their direction and control. lb. § 2. 3. When it is necessary to provide a suitable outfall for any such drain at or near low water mark, or at any other suitable place where no injury or damage will result therefrom, it may be located and constructed for that purpose over the lands of private persons; and damages shall be assessed and paid therefor, as is provided by law for the location of town ways, lb. § 3. 4. Abutters upon the line of a public drain, and the owners of contiguous private drains, may enter and connect with it, on written application to the municipal officers, distinctly de- scribing the land to which it applies, and paying therefor what they determine. They shall then give the applicants written permits so to enter, which shall be available to the owner of the land so described, his heirs and assigns, and shall run with the land without any other or subsequent charge or payment. Said officers shall establish such other regulations and condi- DRAINS AND COMMON SEWERS. 135 tions for entering public drains, as they deem expedient, lb. § 4. 5. If any person is dissatisfied with the sum he is required to pay to enter a public drain, and within ten days after notice thereof, requests in writing to have it determined by arbitra- tion, tlie said officers shall nominate six persons, two of whom, selected by the applicant, with a third person, selected by him- self, may fix the sum to be paid ; and by paying it and the fees of the arbitrators, the applicant shall be entitled to a per- mit, lb. § 5. 6. All drains heretofore made at the expense of a town, shall be maintained, managed, controlled and entered the same as if made under the provisions of this chapter, subject to the rights of private persons therein. lb. § 6. 7. If any person connects a private drain with a public drain, or enters it by a side drain, without a permit, the mu- nicipal officers may forthwith destroy such connection ; and such person shall forfeit to the use of the town where the offense is committed, not exceeding two hundred dollars, lb. § 7. 8. If any person willfully or negligently violates any con- dition or regulation prescribed in his permit, said officers may forthwith disconnect his drain from the public drain, and de- clare his permit forfeited; and such person, his heirs and assigns, shall not be allowed to enter it again without a new permit. lb. § 8. 9. After a public drain is constructed, and- any person has paid for connecting with it, it shall be constantly maintained and kept in repair by the town, so as to afford sufficient and suitable flow for all drainage entitled to pass through it ; but it may be altered from its former course, or other sufficient and suitable drains may be substituted therefor. If such town does not so maintain and keep it in repair, any person entitled to drainage through it may have an action against the town for his damages. lb. § 9. 10. All proceedings of the municipal officers as aforesaid shall be at their legal meetings. A suitable record shall be made of all such permits, exhibiting the persons and lands to which they apply. Said officers shall have the exclusive di- rection, on behalf of their town, of all prosecutions under this chapter. lb. § 10. H. If any person, after the sum to be paid by him for a permit has been determined by arbitration, neglects to pay it within sixty days after notice thereof, with the fees of the ar- 136 MAINE TOWNSMAN. bitrators, he shall have no benefit of such determination, or of his permit. The municipal officers may determine the fees of the arbitrators, which shall be paid in advance, if required ; and their award shall be returned by them to the town clerk, and recorded with the proceedings of said officers in estab- lishing such drains. lb. § 11. 12. If a private drain in a town becomes so obstructed or out of repair as to injure any street or highway therein, and the persons using it unreasonably neglect to repair such injury afler notice by the street commissioner or highway surveyor, it shall be repaired by the town, and the expense thereof may be recovered to the use of the town, against any one or more of the persons using such drain. lb. § 12. 13. If any person willfully or carelessly does an injury, or causes any obstruction to such public drain or its outlet, or to any street or highway culvert leading into it, he shall be hable for double the amount of injury and damages thereby caused, to the use of the town where it is located, in addition to all other legal penalties therefor. lb. § 13. 14. "When a person at his own expense lays a common drain or sewer, all who join or enter it shall pay him their proportion of such expense ; and the expense of opening and repairing shall be paid by all benefited, to be determined in each case by the municipal ofiicers, subject to appeal to the county commissioners. lb. § 14. 15. The municipal officers shall notify each person to whom he is to pay, and the amount ; and if not paid in ten days, he shall pay double the amount, with cost. lb. § 15. 16. Before any such drain is opened for repairs, all persons interested shall have seven days' notice thereof, given as the municipal officers direct ; and if any one objects to it, and said officers think his objection reasonable, he shall not be liable to any expense thereof; if not reasonable, or none is made with- in three days, they may give written permission to proceed, lb. §16. TITLE V. OP SCHOOLS, PARISHES, MEETING HOUSES, SCHOOL LANDS AND PUNDS, Chapter 48. Duties of towns. Chapter 49. Powers and obligations of school districts. Chapter 50. Assessment and collection of moneys raised by school districts. Chapter 51. School districts formed from two towns. Chapter 52. Superintending school committees. Chapter 53. Powers and duties of school agents. Chapter 54. Duties and qualifications of instructors* Chapter 55. Schools in plantations organized for election purposes. Chapter 56. General provisions relative to education. Chapter 57. Parishes. Chapter 58. Meeting houses. Chapter 59. Ministerial and school lands and funds. CHAPTER XLVIII. DUTIES OP TOWNS. I. School districts established. 2; Remote portions of town may be omitted in districting. 3. Towns having but one district. 4. Towns may choose school agents ; va- cancies, how filled. 5. Towns to raise money for support of schools ; forfeiture for neglect. 6. When school agent fails to return num- ber of scholars. 7. Towns raising more money than re- quired. 8. Towns to choose superintending school committee. 9. The school committee may choose a supervisor of schools. 10. Towns may choose a committee with powers of school agent. 11. Penalty for towns failing to choose' committee or supervisor. 12. Towns to make by-laws concerning truants. 13. Shall appoint persons to malie com- plaints of violation of by-laws. 14. Truant children may be placed in suitable institutions. 15. Apportionment among smaller dis- tricts. 1. A tov(rn, pX its annual meeting, may determine the num- ber and limits of school districts therein ; but they shall not be altered, discontinued> or annexed to others, except on the 12* (137) 138 MAINE TOWNSMAN. written recommendation of the municipal officers and superin- tending school committee, accompanied by a statement of facts, and on conditions proper to preserve the rights and obli- gations of the inhabitants. R. S. c. 11, § 1. 2. Any portion of a town too remote to be annexed to ex- isting districts, and not having sufficient pojaulation to form a separate district, may be omitted in districting the town. lb. § 2. -3. A town containing but one district may transact all busi- ness relating to schools and school houses in town meeting. lb. § 3. 4. A town, at its annual meeting, may choose its school agents ; and vacancies may be filled as in case of other town officers not chosen by ballot, lb. § 4. 5. Every town shall annually raise and expend, for the maintenance of schools therein, a sum of money, exclusive of the income of any corporate school fund, or of any grant from the revenue or funds from the state, or of any voluntary dona- tion, devise, or bequest, or of any forfeitures accruing to the use of schools, not less than sixty cents for each inhabitant, according to the census of the state, by which representatives to the legislature were last apportioned, under penalty of for- feiting not less than twice, nor more than four times, the amount of its deficiency. lb. § 5. 6. When any school agent fails to return, in the month of April, the number of persons in his district between four and twenty-one years of age, exclusive of those coming from other places to which they belong, to attend a college or academy, or work in a factory therein, the assessors of the town shall cause an enumeration thereof to be made. They shall an- nually apportion to each district, and to Jny inhabitants not embraced in a district, the money so raised, and all funds de- rived from any source for the support of puljlic schools in their town, in proportion to the number of scholars. lb. § 6. 7. A town raising more money than is required by section five, may, by vote, direct the excess to be apportioned to the several districts as the assessors and superintending school committee determine. lb. § 7. 8. Every town shall choose by ballot, at its annual meet- ing, a superintending school committee of three, unless already done, and shall fill vacancies arising therein at each subsequent annual meeting, except as provided in the two following sec- tions, lb. § 8, DUTIES OF TOWNS. 139 9. The superintending school committee may appoint one of the'r number, who shall have all the power, and perform all of the duties specified in the fifth and twelfth items of the forty-ninth section of said chapter. lb. § 9, as amended by Act March 15, 1862. 10. Any town may choose a committee consisting of not less than three, all or one third each year, and invest them with the rights, powers and obligations of superintending school committee and school agents, including the power of determining the age and qualifications of scholars to be ad- mitted into the several schools, of transferring scholars from school to school, of employing teachers, and expending money raised for school purposes, lb. § 10. 11. Any town faihng to elect either of the committees aforesaid, or supervisor for any year, shall forfeit not less than thirty, nor more than two hundred dollars, lb. § 11. 12. Towns may make such by-laws, not repugnant to the laws of the state, concerning habitual truants, and children between six and seventeen years of age not attending school, without any regular and lawful occupation, and growing up in ignorance, as are most conducive to their welfare and the good order of society ; and may annex a suitable penalty, not exceeding twenty dollars, for any breach thereof; but said by-laws must be first approved by a judge of the supreme judicial court. lb. § 12, as amended by Act March 15, 1862. 13. Such towns shall appoint, at their annual meeting, one or more persons, who alone shall make complaints for violations of said by-laws. lb. § 13, as amended by Act March 15, 1862. 14. The magistrate, in place of the fine aforesaid, may order chil- dren proved to be growing up in truancy, and without the benefit of the education provided for them by law, to be placed, for such periods of time as he thinks expedient, in the institution of instruc-. tion, house of reformation, or other suitable situation provided for the purpose. lb. § 14. 15. The assessors and superintending school committees or super- visors of towns, cities, and plantations, may annually apportion ten per cent, of all the money required to be raised, among the districts in their several towns, cities and plantations, in such manner as in their judgment shall give to the smaller districts a more equal op- portunity of enjoying the benefits of common school education, with the larger districts. Act March 19, 1860. 140 MAINE TOWNSMAN. CHAPTER XLIX. POWERS AND OBLIGATIONS OP SCHOOL DISTRICTS. 1. School diGtricta legally organized de- clared corporations. 2. Who are legal votera. 3. District meetings, how called. 4. Notice of meetings, how to be given ; return of notice. 6. District may determine manner of no- tifying meetings. 6. Moderator chosen; clerk chosen and sworn. 7. Districts shall choose a school agent. 8. Powers of a school district. 9. May choose committee to regulate mon- ey aftiiirs. 10. Minority not satisfied with amoui;t of money raised^ may appeal. 11. Two or more districts may unite for union school. 12. Two or more districts may unite fbr graded schools. 13. Location of school houses. 14. Proceedings when owner of lot seleoi* ed for school house refuses to sell. 15. Owner of land aggrieved may have the matter tried by a jury. 16. Flan for erectioii or reconBtrDctloQ of school house. 17. District may determine proportion of money for female teachers. 18. May direct what scholars shall attend school of master and mistress. 19. Districts where more than one school is kept. 20. May appropriate to buy library and ap- paratus ; adjacent districts may unite; 21. Legal decisions. 1. School districts, whether a part of one or more towns, that have exercised the privileges of a district for one year, shall be presumed to be legally organized; and all districts legally organized shall be corporations with power to hold and apply real and personal estate for the support of schools therein,, and to sue and be sued. Executions against them may be satisfied" as executions against towns are ; and' in all suits or business, they may be described by their numbers as fixed by the town, by the name which they have assumed ; or if they have' no certain name, by an appropriate general de- scription. R. S. c. 11, § 15. 2'. Any person, qualified to vote in town affairs^ shall be a legal voter in his school district. lb. § 16. 3. School district meetings may be called by the agent, on the written application of three or more legal voters, stating the reasons and objects thereof. "When there is no agent, or when he neglects or refuses, they may be called by the munici- pal ofBcers, or any justice of the peace, on like application. lb. § 17, as amendied by Act March 16, 1861. The application may be in the following^ form: — To the selectmen of the town of- [or dis- trict agent of school district No, ^ in the town of — , as the case may he ,•] POWERS OF SCHOOL DISTRICTS. 141 You are requested by the subscribers, legal voters in school district No. , in the town of , to call a meeting of the legal voters of said district, to be held at the school house in said district, on the day of next, at o'clock in the noon, then and there to act upon the fol- lowing articles : — First To choose a moderator to preside at said meet- ing. Second. To choose a clerk and all other necessary offi- cers. Third. To see if the district will \here state the olyects of the proposed meeting.'] Dated at , ibis day of , A. D. 18 — . A. B., and the other applicants. 4. On receiving such application, the agent or municipal officers, or Justice of Peace, shall cause notices specifying the time, place, and purposes of the meeting, seven days before the time appointed, to be posted up in two or more public places in the district, one of which must be on the school house, if there is any, or published in a newspaper, if any, printed in the town. The certificate of such agent or mu- nicipal officers, or of any person required by their wan-ant to give notice, returned at the time and place of meeting, shall be evidence of the notice therein stated to have been given. lb. § 18, as amended by Act March 16, 1861. The form of notice by the selectmen (or agent) is as fol- lows : — NOTICE. To the legal voters of school district No. , in the town of : Greeting. Pursuant to a written application made to us, the selectmen of said town, [or to me, agent of said school district No. , as the case may be,] you are hereby notified and warned to meet at the school house in said district on the day of instant, at o'clock in the afternoon, then and there to act on the following articles : — First. To choose a moderator to preside in said meeting. Second. [Here insert the articles or objects of the meeting, as in the foregoing application.] Given under our hands, this day of - Selectmen of - j \or Agent of School District No. .J The form of the certificate of notice is as follows : — 142 MAINE TOWNSMAN. The subscriber hereby certifies that he has posted up a copy of the within notice at two public places within such district to wit : one at the school house within said district, and one at , being a public place within such district, on the day of , it being seven days before the day appointed for said meeting. Dated at , this day of , 18—. A. B. 5. Every school district, at any legal meeting, may deter- mine the manner in which notice of its future meetings shall be given. R. S. c. 11, § 19. 6. At such meeting, a moderator shall be chosen, but need not be sworn ; and at the first meeting every year, a clerk shall be chosen, and shall be duly sworn by the moderator, or a justice of the peace. lb. § 20. The form of the oath of clerk is as follows : — You, , solemnly swear, that you will faithfully and im- partially perform the duties assigned to you by law, as clerk of the school district No. , in the town of , during the ensuing year, and until another shall be chosen and sworn in your place. So help you God. 7. Every school district, at its annual meeting, shall choose a school agent by ballot, unlesS chosen by the town ; and may fill a vacancy in that office at a meeting called for that pur- pose, lb. § 21. 8. A school district, at any legal meeting called for the pur- pose, shall have power, — First. To raise money for erecting, repairing, renting, pur- chasing, and removing such school houses and out buildings aS the wants of the district require ; for purchasing or renting land for them to stand upon, and for yards and play grounds ; for purchasing a library, utensils, blackboards, globes, maps, and other useful apparatus ; for providing water for school houses by means of wells or aqueducts; with necessary con- veniences for the health and comfort of teacher and pupils ; and for emclosing the grounds and appurtenances of the school houses. Second. • To determine where their school houses shall he located. Third. TO' sell and dispose of any school house or other property, if necessary. Fourth. To determine at what age the youth therein may POWERS OF SCHOOL DISTRICTS. 143 be admitted into the schools kept by a master or mistress, and whether, and upon what terms, scholars may be admitted into their schools from other districts, towns, or places. Fifth. To instruct the agent, if they think proper, at what time the schools shaU commence, if he finda it prac- ticable, lb. § 22. 9. A district may choose a committee to superintend the expenditure of money legally raised by it, to examine and allow accounts, and to draw orders on the town treasurer for the amount of money raised. lb. § 23. 10. When, at a meeting of a school district legally called for raising money for any particular purpose, a majority of the legal voters present are opposed to raising a sum sufficient, in the opinion of the minority, for such purpose, the municipal offi- cers, on written application of five or more voters made within thirty days after such meeting, shall insert in their warrant for galling the next town meeting on town affairs, an article re- quiring the opinion of the town on the disagreement ; and if the town thinks it necessary or expedient, they may require a sum sufficient for such purpose, if exceeding what the district was willing to raise, to be assessed on the polls and estates therein ; and it shall be assessed, collected, and paid over, as if originally raised by the district ; and thereupon the municipal officers shall appoint, in writing, three suitable inhabitants of said district, a committee to superintend the expenditure of the money for such purpose, and they shall have all the powers of a committee chosen by the district. lb. § 24. 11. Two or more districts, by vote at their district meetings, may unite to support a union school for the more advanced scholars, and appropriate therefor a portion of the school money assigned to each district. But if more than one fourth of the voters present and voting at any meeting object, only the per capita share of the scholars, attending such union school, shall be so appropriated, without the written assent of the superintending school committee. lb. § 25. 12. Two or more school districts may unite for the purpose of establishing and maintaining a system of graded free schools, when a majority of the voters present and voting at a meeting of each district, legally called for the purpose, so determines ; and the clerk of each district shall forthwith furnish the town clerk with a certified copy of such votes, and he shall enter said votes upon the town records ; and thereafter such districts shall constitute one district, to be known by the. name that the 144 MAINE TOWNSMAN. inhabitants thereof adopt, and have all the rights and powers, and be subject to all the liabilities, of other school districts ; and the town shall not alter or divide it, without the consent of a majority of its voters ; and at its annual meeting, it may raise money for the support of its schools, in addition to what it re- ceives from the town, and not exceeding three fifths of that sum. lb. § 26.* 13. At any district meeting called for the purpose of re- moving a school house, or locating one to be erected, if more than one third of the voters present and voting object thereto, the clerk shall make a record of the fact ; and the municipal officers, on written application of any tlu-ee or more of said voters, or any committee of the district, made within thirty days thereafterwards, shall, as soon as may be, appoint a time and place in the district to hear the parties, and give such no- tice as is required for a district meeting ; and after such hear- ing, they may decide where the school house shall be placed, and shall, within ten days, give a certificate of their determina- tion to the clerk of the district, who shall forthwith enter it on ,his records ; and the district shall proceed to erect or remove the school house, as if determined by a sufficient majority of the voters present at said meeting ; but no such officer resid- ing in the district shall have any voice in such determination ; and when a majority of them reside therein, or do not agree, the superintending school committee shall do all the duties herein required of the municipal officers ; and if the district refuses or neglects, for sixty days, to carry into efiFect such de- termination, the municipal officers or superintending school committee, at the expense of the district, sliall, if need be, pur- chase a lot for said house, and cause it to be erected or removed thereon. lb. § 27. The form of the notice required in the above section may be as follows, changing it according to the facts : — To the legal voters of school district No. , in the town of : Whereas, application in writing has been made to us by , legal voters m said district, (or by a committee of said dis- trict,) to call a meeting of the qualified voters in said school dis- trict ; you are hereby notified and warned to meet at , within said district, on the day of next, at o'clock in the noon, for the purpose of hearing the inhabitants of said district, on the subject of their disagreement, in respect to a suitable * Any school district maintaining graded scliools may raise money for tlie support of its scliools, as provided for districts composed of two or more. See Act March 16, 1861. POWERS OP SCHOOL DISTRICTS. 145 place to be selected for the erection of a school house in said dis- trict ; and also of deciding where such school house shall be placed. Given under our hands this day of , A. D. 18 — . A. B.^ C. D. >■ Selectmen of . E. F.) 14. When a location for the erection or removal of a school house and necessary buildings has been legally des- ignated, and the owner thereof refuses to sell, or asks an tmreasonable price for it in the opinion of the municipal officers, they may lay out a school house lot not exceeding forty square rods, and appraise the damages as is provided for laying out town ways and appraising damages there- for ; and on payment or tender of such damages, the town or district designating it, may take such lot, to be held and used only for the purposes aforesaid ; and when such school house as is required of the town or district has ceased to be thereon for two yeaj-s, it shall revert to the owner, his heirs or assigns. lb. § 28, as amended by Act March 15, 1862. ^ 15. If the owner is aggrieved at the location of the Jot, or the damages awarded, he may, within one year thereafter, apply to the county commissionei-s, and have the matter tried by a jury, who may change the location and assess the damages, and the proceedings shall be conducted as in case of damages for laying out highways. If the damages are increased, or the location changed, such town or district shall pay the dam- ages and costs ; otherwise the costs shall be paid by the appli- cant, lb. § 29. 16. A plan for the erection or reconstruction of a school house voted by a district, shall first be approved by the super- intending school committee. lb. § 30. 17. A school district, at a legal meeting, may determine what proportion of their school money shall be expended for the support of a school taught by a female ; and their agent shall expend it accordingly. But, if one fourth of the voters present and voting dissent from th? decision of the majority, not more than one third shall be so expended without the writ- ten assent of the superintending school committee. lb. § 31. 18. When the school is kept in part by a mistregs and ju part by a master, the district may determine by vot©, or authorize the superintending school committee to determine, from time to time, What description of scholars shall attend each. lb. § 32. 13 J 146 MAINE TOWNSMAN. 19. Each district where more than one school is kept at the same time may choose annually, or one third in each year, a committee to determine what description of scholars shall attend each school, to classify said scholars, and to transfer them from school to school ; and, unless such election is for one year only, at their first meeting, they shall determine their respective terms of office by lot, and certify the result to the district clerk ; they or the district shall fill vacancies as they occur ; and they shall transmit a copy of their annual report, if printed, to the superintendent of common schools. lb. § 33. 20. A district may appropriate not exceeding one tenth of its school money for any year, to purchase a school library and apparatus for the use of the schools therein, and make proper rules for the preservation and management thereof. Adjacent districts may, by vote of each, unite for the purpose aforesaid. lb. § 34. 21. A school district not formed by the town, in pursuance of statute provisions, has no cor'porate powers. If there be a school district claiming to exist as such without any act of the town, the appointment by the town of an agent for such dis- trict will not, of itself, give the district a legal existence. Such a district cannot authorize the assessment of taxes ; and' any assessment of taxes made in pursuance of its vote is ille- gal. The assessors would be liable to any inhabitant whose property should be taken for such tax. 35 Maine E. 393. Two or more districts uniting according to the arrangement pointed out in the statute of 1847, c. 25, § 3, do not thereby kbolish the original districts or create a new one. That arrangement merely authorizes the several districts to use a portion of their school money in concert with each other. lb. The alteration by the town of the lines of a school district, whereby its school house is left within the limits of another district, will not defeat or aiFect its rights of property therein. But a school district, unless its meeting is legally called and notified, cannot by its vote confer authority upon a third per- son to enter on the land of another, and remove a school house therefrom, although such district owned the building. 38 Maine R. 32. A school district, at a legal meeting, may ratify and confirm proceedings at previous meetings, which were not strictly legal. lb. 164. A committee chosen at an illegal meeting cannot, by their ^cts in superintending the building of a school house, make the district liable. lb. ASSESSMENT AND COLLECTION OP MONEY. 147 Unless it appears from the proceedings of a legal meeting of a school district, to raise moaey for a specific purpose, that the majority were opposed to raising any sum, or a less sum than that proposed, there is no such disagreement as will authorize the town to assess a tax upon the district for the purpose indicated. Such tax is void, and, if paid, may be recovered back from the town. 39 Maine R. 183. (Also see same volume, pages 220 and 556.) A vote to raise money to build a school house, if not passed at a legal meeting, is void. 41 Maine, 246. CHAPTER L. ASSESSMENT AND COLLECTION OF MONET BY SCHOOL DISTRICTS. 1. Money raised to be aesesaed within thir- ty days ; bow collected. 2. Collectors, their powers, duties, aod compen'satioD. 8. Money raised to he at disposal of dis- trict committee. 4. District may borrow money. 5. District may appoint agent to contract loan. 6. Duty of assessors in such cases. 7. District may elect a collector, when. 8. Legal decisions. 1. When a school district votes to raise money for any legal purposes, its clerk shall forthwith, or within the time prescribed by the district, certify the amount thereof to the assessors of the town ; and, within thirty days after receiving such certificate, they shall assess it, as they do town taxes, on the polls and estates of the inhabitants of the district, whether wholly in their town or not, and on the non-resident real estate within, but not on any real estate without, the district. They shall then make their warrant in due form of law, directed to any collector of their town, or of the district, if any ; if not, to a constable, authorizing and requiring him to levy and collect such tax, and pay it, within the time limited in the warrant, to the town treasurer ; and they shall give a certificate of the assessment to such treasurer, and may abate such taxes, as in case of town taxes. R. S. c. 11, § 39. 2. The collector or constable and the town treasurer, or treasurer and collector if one person is both, shall each have the same powers and be subject to the same duties and obligar tions relating to district taxes as relating to town taxes ; and they and the assessors shall be allowed by the district for their services a compensation proportionate to what they receive from the town for similar services. lb. § 40. 148 MAINE TOWNSMAU. 8. The moftey so raised and paid shall be at the disposal of the district committee. lb. § 41. 4. A district, at a legal meeting called fot* that purpose, by a vote of two thirds of the voters present and voting, may borrow money for erecting a school house, and buying a lot therefor, on a time not exceeding ten years, payable in equal annual installments, but for no othei purpose, and in no other manner ; and, when they do so, the clerk shall forthwith certify such vote to the assessors and treasurer of the town. lb. § 42. 5. The district may appoint an agent or agents to contract such loan, who may bind the district, and give the necessary security therefor, a copy of which shall be filed by him with the town clerk, and entered on the town records. The money thus procured shall be received by the town treasurer, applied for 'the purposes aforesaid, and paid out in the same manner as money raised by taxation for the same purposes, lb. § 43. 6. At each annual assessment of town taxes after such loan, the assessors of the town shall assess the amount of the install- ment and interest for that year on the polls and estates in the district, as if the district had voted to raise it ; and it shall, in like manner, be collected and paid to the town treasurer, who shall pay each installment and interest as it becomes due, on demand of the owner of the security. lb. § 44. 7. A district voting to raise a sum of money exceeding three hundred dollars under the provisions hereof may elect a collector by ballot, who shall give bond to the inhabitants thereof, With sufiScient sureties, approved by the municipal offi' cers, have the same powers and be subject to the same duties and obligations as a collector of town taxes, and receive such compensation for collecting and paying over such taxes as the district vote at the meeting when he is chosen. The district clerk shall file a certified copy of his election with the town clerk, who shall record it ; and such record shall be evidence of the collector's election by the district, lb. § 45. 8. If the intention of the voters of a school district to raise a sua of money for the purpose of building a district school house is perfectly apparent upon their records, it is sufficient to authorize the assessment and collection of the amount, although such intention may be very informally expressed. 28 Maine R. 193. A school district has no authority to raise money forfuel, of to make itself liable for it. 33 Maine R. 170. A vote to hire money, passed by a school district at a meet- ing of which no previous notice had been given, creates no SCHOOL DISTRICTS OP TWO OR MORE TOWNS. 149 liability upon the district to repay money so borrowed. A vote subsequently passed, at a meeting legally called, " to pay the debts due from the district," is no admission of indebted- ness for money hired under the vote passed at the previous unauthorized meeting. lb. 239. A town is not responsible for improper proceedings, willful or otherwise, by the majority of a school district. 41 Maine R. 504. CHAPTER LI. SCHOOL DISTRICTS POBMBD TROM TWO OE MOEE TOWNS. 1. Two or more adjoining towns may unite. 2. How such districts shall be Buperintend- ed. 3. Assessors to apportion school money to such districts. 4. Such district shall choose its agent. 1. Two or more adjoining towns may concur in establish- ing school districts from parts of each when convenient, in determining their limits, and in altering and discontinuing them ; and they and their officers, except as herein otherwise provided, may exercise the powers and duties relating thereto, that a town may relating to its own districts. If such dis- trict has existed fifteen years, either town may disconnect its part, without the concurrence of the others, by leaving all the district property to belong to what remains. R. S. c. 11, § 35. 2. The superintending school committee, municipal officers, assessors, treasurer, collector, and constables of the town where the school house of such district is situated, or has been located, or where the school is kept, or if there is no such school house or school, said officers of the oldest town from which a part of such district is taken, shall have all the powers and perform all the duties relating to it, that they have and perform relating to districts wholly in their own town ; and such assessors shall assess all taxes, voted by such district, according to a valuation made by them, uniform throughout the district. lb. § 36. 3. The assessors of each town from which a part of such district is taken, shall annually apportion to it a share of the school money of their town, according to the number of schol- ars in such districts living in their town. lb. § 37. 4. Such district shall annually choose its ^gent, and his 18* . . ' ■ 150 MAINE TOWNSMAN. contracts shall bind each town in proportion to and not ex- ceeding the amount which it is required to pay to him as afore- said ; and all agents and oificers thereof shall have the same powers and privileges, and perform the same duties, as in dis- tricts wholly in one town. lb. § 38. CHAPTER LII. POTJTBES AND DUTIES GS SUPBRINTENDINO SCHOOL COMMITTEES. 1. Commllitees ahA supetriBot'B sworn. 2. Committees, how orgauized. 8. Duties of superinteuding school com- mittees. 4. Same subject. 5. Parents or guardiaiifl neglecting to fai> nish books. 6. Compensation of school committees and snpervisors. 1. Members of superintending school committees and su- pervisors shall be duly sworn. R. S. c. 11, §.46. 2. Superintending school committees, at their first meetitig, shall designate by lot one of their number to hold office three years, and another two years, and certify such designation to the town clerk to be by him recorded. The third member shall hold office one year ; and each member elected to fill the place of one whose term expires shall hold office three years. They shall fill all vacancies in their number until the next annual town meeting. Two members shall constitute a quorum ; but if there is but one in office, he may fill vacan- cies, lb. § 47. 3. Superintending school committees shall perform the fol- lowing duties : — Mrst. They shall appoint suitable times and places fot the examination of candidates proposing to teach in town, and give notice thereof. Second. On satisfactory evidence that a candidate possesses a good moral character, and a temper and disposition suitable to be an instructor of youth, they shall examine him in read- ing, spelling, writing, English grammar, geography, history, arithmetic, and other branches usually taught in public schools, and particularly in the school for which he is examined, and also as to his capacity for the government thereof. l%ird. They shall give to each candidate found competent SUPERINTENDING SCHOOL COMMITTEES. 151 a cettiflcate that he is qualified to govern said school, and in- struct in the branches above named, and such other branches as are necessary to be taught therein. The certificate may be as follows : — To whom it may concern : This certifies that we have examined A. B., of , as a school teacher, and that he is well qualified to govern and instruct youth in reading and writing the English language grammatically, and in spelling, geography, history, and arithmetic, and in other branches of learning usually taught in public schools. Witness our hands, this day of , A. D. 18 — . ) Superintending School ) Committee of . Fourth. Direct the general course of instruction, and what books shall be used in the schools.* Fifth. Examine the several schools, and inquire into the regulations and discipline thereof, and the proficiency of the Scholars therein ; for which purpose one or more of the com- mittee shall visit each school at least twice in summer and twice in winter, and use their influence to secure the regular attendance at school of the youth in their town. Sixth. After due notice and investigation, they shall dis- miss any teacher, although having the requisite certificate, who is found incapable or unfit to teach, or whose services they deem unprofitable to the school ; and give to said teacher a certificate of dismissal, and of the reasons therefor, a copy of which they shall retain, and immediately notify the district agent of such dismissal, which shall not deprive the teacher of compensation for previous services. Seventh. Expel from a school any obstinately disobedient and disorderly scholar, after a proper investigation of his be- havior, if found necessary for the peace and usefulness of the school ; and restore him on satisfactory evidence of his re- pentance and amendment. Eighth. Exclude from the public schools, if they deem expedient, any person who is not vaccinated, though otherwise entitled by law to admission thereto. Ninth. Direct or approve in writing the expenditure of school money apportioned to inhabitants not included in any district. Tenth. Prescribe the sum, on the payment of which per- * The Act of March IS, 1862, also makes it their duty to select a uniform sys- tem of text books to be used, due notice of which must be given. No text book, 10 selected, oaa be ehaqged for five yearsj unless by vote of the town. 152 MAINE TOWNSMAN. sons of the required age resident on territory, the jurisdiction of which has been ceded to the United States, included in or surrounded by a school district, shall be entitled to attend school in such district ; and when such territory adjoins two or more districts, they shall designate the one where they may attend. Eleventh. Determine what description of scholars shall attend each school, classify them, and transfer thera. from school to school, in districts where more than one school is kept at the same time, and no district committee is elected. Twelfth. At the annual town meeting, they shall make a written report of the condition of the schools for the past year, the proficiency made by the pupils, and the success attending the, modes of instruction and government of the teachers ; and if their reports are printed, they shall transmit a copy thereof to the superintendent of common schools. lb. § 49. 4. They shall annually make out a statement, containing the following particulars : — First. The amount of money raised and expended for the support of schools, designating what part is raised by taxes, and what part from other funds, and how such funds accrued. Second. The number of school districts, and parts of dis- tricts, in their town. Third. The number of children between four and twenty- one years of age, belonging to their town in each district on the first day of April preceding. Fourth. The number of such children who reside on islands, or in any other part of the town not in any district. Fifth. The whole number and the average number of scholars attending the summer schools ; the whole number and the average number of scholars attending the winter schools. Sixth. The average length of the summer schools in weeks ; the average length of the winter schools in weeks ; the average length of the schools for the year. Seventh. The number of male teachers and the number of female teachers employed in the public schools during any part of the year. Eighth. The wages of male teachers per month, and the wages of female teachers per week, exclusive of board. Ninth. They shall give in their returns full and complete answers to the inquiries cont^ued in the blank forms furnished POWERS AND DUTIES OP SCHOOL AGENTS. 153 them under the provisions of law ; certify that such state- ment is true and correct, according to their best knowl- edge and belief; and transmit it to the office of the secre- tary of state, on or before the first day of May in each year. When, by reason of removal, resignation, or death, but one member of the committee remains, he shall make said returns. lb. § 50, as amended by Act Feb. 15, 1859. 5. If any parent, master, or guardian, after notice from the teacher of a school that a child under his care is deficient of the necessary sehool books, refuses or neglects to furnish such child with the books required, the superintending school com- mittee, on being notified thereof by the teacher, shall furnish them at the expense of the town; and such expense may be added to the next town tax of the parent, master, or guar- dian, lb. § 51. 6. Superintending school committees and supervisors shall be paid for their services, on satisfying the municipal officers that they have made the returns to the secretary of state required by law, one dollar a day and all necessary travel- ing expenses, and no more, unless ordered by the town. lb. §62. CHAPTER Lill. POWERS AND DUTIES OF SCHOOL AGENTS. 1. School agents svrorn ; their powers and I 3. Penalty for neglect to notify school duties. committee when' schools are to com- 2. Agent to expend money. | mence. 1. Each school agent elected by the town or district shall be duly sworn by the moderator, town or district clerk, or a justice of the peace, and continue in office one year, and until another is chosen and qualified in his stead ; and his duties and powers shall be as follows : — First. In the month of March or April, annually, to call a district meeting for the choice of an agent, and for other busi- ness, by causing notice to be given. See Act Mar. 15, 18fi2. Second. To employ teachers for his district from the money placed at his disposal for the purpose. Third. From the same means to provide fuel and utensils necessary for the schools, and make repairs upon the school 154 MAINE TOWNSMAN. houses and out buildings, and insurance if the district so direct ; but no more than one tenth of the money received from the town shall be expended for such repairs in one year, exclusive of fuel and insurance. Fourth. Before the commencement of a term of school, to give written notice to some member of the superintending school committee, when it is to commence, whether to be kept by a master or mistress, and how long it is expected to continue. Fifths To return to the municipal officers, prior to the expiration of his term of service, an account of his official expenditures, with the necessary vouchers therefor. . Sixth. To return to the assessors in the month of April, annually, a certified list of the children in his district between four and twenty-one years of age, as they existed on the first day of said month, exclusive of those coming from other places, where they belong, to attend any college or academy, or to labor in any factory therein. E. S. c. 11, § 53. 2. Each school agent within the year for which he is cho- sen shall expend the money apportioned to his district for the support of schools therein, taught by instructors duly qualified ; and if he refuses or neglects so to do, as far as practicable, the municipal officers, on complaint of any inhabitant of the dis- trict, and after due notice and investigation, may appoint a special agent to expend the money, who shall be duly sworn, have all the powers and perform all the duties of school agent for said district. Any money received by a school agent for the use of the district, and not appropriated by him to such use during his term of office, or before the appointment of a special agent, may be recovered from him in the name of the town or district. lb. § 54. *' 3. If any agent neglects to give written notice to the supei^ intending school committee, when any school in his district is to commence, whether it is to be kept by a master or mistress, and how long it is expected to continue, he shall forfeit one dollar for each day the school is kept before such notice is given. lb. § 55. DUTIES AND QUALIFICATIONS OF SCHOqi, TJE4ijlI^E^|<^^5^ ^'^y i '^ J904 LAW i-i;-.'...-'a Overseers of the Poor ) of the Town of— — . 180 MAINE TOWNSMAN. 7. The overseers, by a suit on the deed of indenture, may- recover damages for breaches of its covenants. The amount so recovered, deducting reasonable charges, is to be placed in the treasury of the town, to be applied by the overseers to the benefit of the child during his term, or be paid to him at its ex- piration. The court, on trial of such suit, for sufficient cause exhibited, may discharge the child. Such suit is not abated by the death of overseers or by the expiration of their term of office, but shall proceed in their names, or in the names of the survivors. lb. § 16. 8. When a child so bound departs from service without leave, his master, or a person in his behalf, may complain on oath to a justice of the peace in the county where he resides, or where the child is found, who is to issue a warrant, and .cause such child to be brought before him ; and when the com- plaint is supported, he is to order the child to be returned to Ids master, though he resides in another county, or commit him to a jail or house of correction to remain not exceeding twenty days, unless sooner discharged by his master. A per- son, who entices such a child to leave his master, or harbors him knowing that he has so departed, is liable to the master for all his damages. lb. § 18. 9. A master may complain to the court in the county where he resides, or where the overseers making the indenture re- sided, for gross misbehavior of the child ; and the court, after notice to the child and to the overseers of the town binding, may discharge the child. lb. § 19. 10. Overseers may set to work, or by deed bind to service upon reasonable terms, for a time not exceeding one year, persons having settlements in their town or having none in the state, married or not married, able of body, upwards of twenty- one years of age, having no apparent means of support, and living idly ; and all persons liable to be sent to the house of correction. lb. § 20. 11. A person so bound may complain to the court, in the county where he or the overseers reside, and the court, after notice to the overseers and master, may, upon a hearing, dis- miss such complaint, or discharge dim from the master and overseers, and award costs to either party or against the town, at discretion. lb. § 21. 12. Persons living in places not incorporated, and needing relief, are under the care of the overseers of the adjoining town, where they are liable to be taxed ; and such overseers may bind to service the children of such persons, as they may OVERSEEES OF THE POOR. 181 those of paupers of their own town, aud may bind out persons described in section ten, in the manner therein provided, residing in such unincorporated place, as if in their own town, such persons being entitled to a lil^e remedy and reliei". When relief is provided for paupers residing in such places, the towns furnishing it are entitled to the same remedies against the towns where they have a settlement, as if such persons resided in their own town. lb. § 22, 13. Overseers of a town, in which there is a county jail, may, by their written order, set to work, so far as necessary, for his support, any debtor committed, and then chargeable to any town in the state for his support. The town whe»e he has a settlement, is liable to pay the expenses incurred, not so paid by him ; and the town incurring them may recover the same of the creditor, at whose suit he was committed, at the rate fixed by law for his support. lb. § 26. 14. Overseers are to send a written notice, signed by one or more of them, stating the facts respecting a person charge- able in their town, to overseers of the town where his settle- ment is alleged to be, requesting them to remove him, which they may do by a written order directed to a person named therein, who is authorized to execute it. lb. § 27. 15. The form of notice may be as follows : — To the overseers of the poor of the town of , in the county of , in the State of Maine : — Gentlemen : — You are hereby notified that A. B., an inhabitant of your town, having fallen into distress, and in need of immediate re- lief, in the town of , the same has been furnished by said town on the account and at the proper charge of the town of > where said A. B. has his legal settlement; you are re- quested to remove said A. B., or otherwise provide for him, without delay, and to defray the expense of his support in said town of . The sums expended for his support up to this date are . Dated at , this day of , A. D. 18—. > Overseers of the Poor of . 16. The form of denial of settlement, in answer to a notice as in section seventeen, may be as follows : — 16 182 MAINE TOWNSMAN. To the overseers of the poor of the town of . Gentlemen : — Your letter of the instant, stating that A. B. has fallen into distress, and been furnished relief by your town, at the charge of the town of , was duly received. Upon inquiry, we are satisfied that this town is not the place of the lawful settlement of the said A. B. We cannot, therefore, cause his removal, nor contribute towards his support. Dated . Yours with respect, c' d' (• ^*''***'"* "f '^* ^"^^ e' f' x"/^^^ Town of . 17. Overseers receiving such notice are within two months, if the pauper is not removed, to return a written answer, signed by one or more of them, stating their objections to his removal ; and if they fail to do so, the overseers requesting his removal may cause him to be removed to that town ; and the overseers of the town to which he is sent are to receive him and provide for his support; and their town is estopped to deny his settlement therein, in an action brought to recover for the expenses incurred for his previous support and for his removal. E. S. c. 24, § 28. 18. "When a written notice or answer provided for in this chapter is sent by mail, postage paid, and it arrives at the post office where the overseers to whom it is directed reside, it is a sufficient notice or answer. lb. § 29. 19. A person removed, as provided in this chapter, to the place of his settlement, who voluntarily returns to the town from which he was removed, without the consent of the over- seers, on conviction thereof before a justice of the peace, may be sent to the house of correction as a vagabond. lb. § 30. 20. Overseers may make complaint, that a pauper charge- able to their town has no settlement in the state, to a justice of the peace, who may, if he thinks proper, by his warrant directed to a person named therein, cause such panper to be conveyed, at the eispense of such town, beyond the limits of this state, to the place where he belongs. lb. § 20. 21. Upon the decease of a pauper then chargeable, the overseers may take into their custody all his personal property, and if no administration on his estate is taken within thirty days, may sell so much thereoT as is necessary to repay the expenses incurred. They have the same remedy to recover OVERSEERS OP THE POOR. 183 any property of such pauper, not delivered to them, as his ad- ministrator would have. lb. § 35. 22. For all purposes provided for in this chapter, its over- seers, or any person appointed by them in writing, may prose- cute and defend a town. lb. § 36. 23. Whoever keeps a house of ill fame, resorted to for the purpose of prostitution or lewdness, shall be punished by im- prisonment less than one year, and by fine not exceeding five hundred dollars; and if after conviction he is again guilty and convicted, he shall be punished by imprisonment not less than one nor more than three years. A person, convicted of keeping such a house, before a municipal or police court or justice of the peace, may be sentenced to the house of correc- tion or county jail not exceeding one month. And such person shall not be allowed to keep boarders or lodgers without a license from the overseers of the poor of the town, who shall prosecute for such offense all whom they have good reason to suspect to be guilty. K. S. c. 124, § 9. 24. When any overseer of the poor, police oGieer, constable, parent, master, or guardian, has reason to believe that any female has been inveigled or enticed to a house of ill fame as aforesaid, he may complain on oath to a magistrate authorized to issue warrants, and he may issue his search warrant, as in other cases, to enter such house by day or night, search for such female, and bring her, and the person in whose keeping she is found, before him, and he may order her to be delivered to the complainant or discharged, as law and justice require, lb. §11. 25. If the person applying for relief is poor, and unable to support himself, and stands in need of immediate relief, the overseers are bound to relieve him. The manner of affording relief is discretionary ; but distress must not go unrelieved. 4 Pick. R. 358. In special cases, as of sickness, or when the amount of assistance required is small, or where removal would be inex- pedient or dangerous, the applicant may be relieved at his •home ; but a poor farm, where one is provided by the town, is the proper place to afford assistance. lb. Application for relief should be made by the pauper either personally or by some person authorized by him to apply, but need not be in writing ; and the overseers, when they are satisfied as to the necessity of the applicant, should not refiise to afford relief. lb. 184 MAINE TOWNSMAN. CHAPTER LXIV, DUTY OS KINDRED TO SUPPOET POOR RELATIVES. 1. Kinrlred liable, 2. Kindred may be assessed on complaint. 3. Coniplaiat to be filed. 4. Assessment for future support 5. Husband liable for wife. 6. What is " sufficient ability." 1. The father and mother^ grandfather and grandmother, children and grandchildren, by consanguinity, living within the state, and of sufficient ability, are to support persons chargeable in proportion to their respective ability. R. S. c. 24, § 9. 2. A town, or any kindred, who have incurred any expense for the relief of a pauper, may complain to the supreme judi- cial court, in the county where any one of such kindred re- sides ; and the court may cause such kindred to be summoned, and upon a hearing or default, may assess and apportion a reasonable sum upon such kindred as are found to be of suffi- cient ability, for the support of such pauper to the time of such assessment, and may enforce payment thereof by war- rant of distress. Such assessment is not to be made to pay any expense for relief afforded more than six months before the complaint was filed. lb. § 10. 3. Such complaint may be filed with the clerk of the court, who is to issue a summons thereon, returnable and to be served as writs of summons are ; and on suggestion of either party that there are other kindred of ability not named, the com- plaint may be amended by inserting their names, and they may be summoned in like manner, and be proceeded against as if originally named. lb. § 11. 4. The court may assess and apportion upon such kindred a sum suflftcient for the future support of such pauper, to be' paid quarterly, until further order; and direct with whom of such kindred that may desire it such pauper may live and be relieved, and for such time, with any or either, as they shall judge proper, having regard to the comfort of the pauper, as well as the convenience of the kindred. lb. § 12. 5. A husband is always liable to support his wife, if he is of ability to support her ; and the town furnishing relief to her BASTARD CHILDREN, AND THEIR MAINTENANCE. 185 may immediately call upon him, without resorting to the town where his settlement is. 14 Mass. E. 327. 6. " Sufficient ability " to support poor relatives presents a question of much difficulty. It is not the intent of the law, for instance, that the child should become poorer every year, in his effiDrt to support his parents, or that he should incur sacri- fices and dangers which would hazard the maintenance of his family. CHAPTER LXV. BASTARD CHILDKBN, AND THEIR MAINTENANCE. 1. Accusations by a-froman pregnant with a bastard child. 2. Justice may issue a warrant. 3. Person arrested to give bond; forms of bond and mittimus. 4. Cause to be continued if complainant is not delivered, d. Declaration must be filed before trial. 6, Complainant may be a witness. 7. Proceedings if respondent is a^udged guilty. 8. Complainant not to settle with the father, when. 9. The father may be discharged from imprisonment, when ; his liability to the mother and town after such dis- charge. 10. Legal decisions. 1. When a woman pregnant with a child, that if born alive may be a bastard, or who has been delivered of a bastard child, accuses any man of being the father thereof, before any justice of the peace, and requests a prosecution against him, he shall take her accusation and examination on oath, respecting the accused, and the time and place when and where the child was begotten, as correctly as they can be de- scribed, and all such other circumstances as he deems useful in the discovery of the truth. E. S. c. 97, § 1. The form of accusation and examination is as follows : — Whereas of , in the county of , single wo- man, being pregnant with child, has accused, on oath, before rae, , one of the justices of the peace in and for the county of , A. B., of said , of being the father of such child, and that he did beget her with child on or about the day of , A. D. 18 — , [here insert the circum- stances,'] she therefore prays that he, the said A. B., may be apprehended, and held to answer this accusation, and furth^ dealt with thereon according to law. Signed, Taken, signed and swprn to, on the day of , A. D. 18 — , before me, 16 * W. E., Justice of the Peace. 186 MAINE TOWNSMAN. • 2. Such justice may thereupon issue his warrant, directed to the sheriflf", accompanied by such accusation and examina- tion, as follows, to wit : — [Seal.] ss. To the sheriff of said county of Whereas of , in said county, single woman, hath by her examination on oath before me, one of the justices of the peace in and for this county, declared herself to be with child, and that said child is likely to be born a bastard, and that of , is father of said child, and hath prayed process against him ; therefore, in the name of the State of Maine, you are hereby commanded immediately to apprehend said , if in your precinct, and to bring him before me, or some other justice of the peace, to find sureties for his per- sonal appearance at the next supreme court, to be holden at , on , in and for said county of , and to abide such order or orders as shall be made in the premises, accord- ing to law. Given at , on the day of , A. D. 18 — . W. E., Justice of the Peace. 3. When the person is brought before such or any other justice, he may require him to give bond to the complainant, with sufBcient sureties, in such reasonable sum as he orders, conditioned for his appearance at the next supreme judicial court for the county in which she resides, and for his abiding the order of court thereon ; and if he does not give it, he shall commit him to jail until he does. R. S. c. 97, § 3. The form of a bond may be as follows : — Know all men by these presents, that we, , of the county of , as principal, and , as sureties, are holden and stand firmly bound unto , of , in said county, single woman, in the sum of dollars, to the pay- ment of which we hereby bind ourselves, our executors and administrators. Dated this day of , A. D. 185 — . The coijdition of this obligation is such, that whereas, on the day of , A. D. 185 — , the said hath, upon her examination upon oath before , Esq., one of the justices of the peace in and for the county of , accused said of being the father of a bastard child, of which the said has been ordered by said justice to give sureties for his ap- BASTARD CHILDREN, AND' THEIR MAINTENANCE. 187 pearance at the supreme judicial court next to be holden at 1 within and for said county, on the Tuesday oi , in the noon, then and there to answer to the said accusa- tion ■ now, if the said shall appear at said court, and an- swer to tlie said accusation, and abide the order of court thereon, then this obhgation to be void, otherwise to be m tuU force. , 1 > \ (seal.) V (seal.) Signed, sealed and delivered ) ' (seal.) in presence of ) The form of the mittimus for not finding sureties may be as follows : — STATE OF MAINE. [Seal.] York, ss. To the sheriff of said county or his dep- uty, or any constable of the town of , in said county, and to the keeper of the common jail in , greeting : Whereas , single woman, in her examination, in writ- ing, on oath, the day of , A. D. 18 — , before me, , one of the justices of the peace in and for the county of , hath declared herself to be with child, and that the said child, if born alive, will be a bastard, and likely to be- come chargeable to the town of , and hath charged , of , with having begotten her with child of said bastard child ; {_or if it be after the birth, say :] Whereas , single woman, in her examination in writing, on oath, before me, , one of the justices of the peace in and for said county, hath declared, that on the day of , A. D. 18 — , at , in the town of , she was delivered of a bastard child; and whereas said was brought before me, by warrant, and refuses to give sureties for his appearance at the next supreme judicial court to be held at , in and for said county, to answer to said charge, and to abide the order of court thereon : these are to command you to take and convey said to the common jail at , in said county, and to deliver him to the keeper thereof, together with this warrant. And you, the said keeper, are- commanded to receive said — — into your custody in said jail, and him there safely to keep, until he shall give such security, or be discharged by due course of law. Given under my hand and seal this day of , A. D, 18 — :. Justice of the Peace, 188 MAINE TOWNSMAN. 4. If, at such next or any subsequent court, the complainant is not delivered of her child, or is unable to attend court, or for other good reason, the cause may be continued ; and the bond shall remain in force until final judgment, unless the sure- ties of the accused surrender him in court at any time before final judgment, which they may do, and thereupon they shall be discharged ; and he shall be committed until a new bond is given. R. S. c. 97, § 4. 5. Before proceeding to trial, the complainant must file a declaration, stating that she has been delivered of a bastard child begotten by the accused, the time and place when and where it was begotten, with as much precision as the case will admit ; that being put on the discovery of the truth during the time of her travail, she accused the respondent of being the father of the child, and that she has been constant in such ac- cusation, lb. § 5. 6. When the complainant has made said accusation ; been examined on oath as aforesaid ; been put upon the discovery of the truth of such accusation, at the time of her travail, and thereupon has accused the same man with being the father of the child of which she is about to be delivered ; has continued Constant in such accusation, and prosecutes him as the father of such child before such court ; he shall be held to answer to such complaint ; and she may be a witness in the trial, unless incompetent by reason of a conviction of some crime, lb. § 6. 7. If, on such issue, the jury finds the respondent not guilty, he shall be discharged ; but if they find him guilty, or the facts in the declaration filed are admitted by default or on demurrer, he shall be adjudged the father of such child, stand charged with its maintenance, with the assistance of the mother, as the court orders ; and shall give a bond, with sufficient sureties ap- proved by the court, to the complainant to perform said order, and a bond, with sufficient suneties so approved, to the town liable for the maintenance of such child ; and be committed till he gives them. The latter bond to be deposited with the clerk of the court for the use of such town. lb. § 7. 8. No woman, whose accusation and examination, on oath, have been taken by a justice of the peace at her request, shall make a settlement with the father, or give him any discharge to bar or affect such complaint, if objected to in writing by the overseers of the poor of the town interested in her support or the child's. lb. § 8. 9. When the father of such bastard child has remained ninety days in jail, without being able to comply with the order INSANE PERSONS. 189 of court, he may be liberated by taking the poor debtor's oath, as persons committed on execution ; but he shall give fifteen days' notice of his intention to do so, to the mother, if living, and to the clerk of the town where the child has its legal set- tlement, if in this state. The mother and said town may, af- ter such liberation, recover of him by action of debt any sum of money, which ought to have been paid pursuant to the or- der of court. IL. § 9. 10. If the mother marry before a prosecution, the husband shall join in a complaint. 16 Maine E. 38. A settlement between the father and mother of the child, will not discharge the father from his liability to the town to maintain the child. In order to entitle the woman to be a witness, she must de- clare before her delivery that the person charged is father of the child, and continue constant in the accusation before wit- nesses. 6 Greenl. E. 460. Where a complainant, in a bastardy process, alleged that the child, of which she was then pregnant, was begotten on or about a certain day in April, without saying in what year, it was held to refer to the April next preceding. 8 Maine, 1 63. A recognizance taken by a magistrate, in a bastardy pro- cess, instead of a bond, is inoperative and void. 2 Maine, 1G5. A settlement of a bastardy process by the mother, or by the town, without the consent of the other, is no discharge of the respondent ; therefore a note given upon such settlement is without consideration, and payment cannot be enforced. 18 Mauie, 150. CHAPTEE LXVI. INSANE PERSONS. 1. What the ■word " inBane "includes. 2. Guardian appointed for insane. 3. Insane minors. 4. Duty of municipal officers. 5. Expense of insane in hospital.- 6. Appeal. 7. Neglect to decide appeal. 8. Hecord to be kept. 9. Order of commitment to hospital. 10. Towns to pay expenses, when. 11. Same subject. 12. Remedy for costs by towns. 13. Those liable for support, what. 1-t. Duty of overseers. 15. Of the appointment of guardians. 1. The words " insane person " may include an idiotic, non compos, lunatic, or distracted person. E. S. c. 1, § 4. 2. The judge of probate may appoint guardians to insane 190 MAINE TOWNSMAN. persons belonging to his county, though over twenty-one years of age, on written application of any of their friends, relatives, or creditors, or of the municipal officers or overseers of the poor of the town where they reside. This power includes insane married women whose husbands have left them without making provision for their support, or who are possessed of real or personal estate, and from any cause stand in need of relief, or whcfse property is in danger of being wasted or lost, and may appoint the husband or other suitable person guardian of an insane wife, on application of the municipal officers of the town where she belongs ; and he shall have the same powers as other guardians, and may cause her to be supported from her estate, in the insane hospital or otherwise, lb. c. 67, § 4. 3. Parents and guardians of insane minors, if of sufficient ability to support them there, within thirty days after an attack of insanity, without any legal examination, shall send them to the hospital, and give to the treasurer thereof the bond required, or to some other hospital for the insane. lb. c. 143, §11. 4. All insane persons not thus sent to any hospital shall be subject to examination as hereinafter provided. The munici- pal offieers of towns shall constitute a board of examiners ; and, on complaint in writing of any relative or justice of the peace of their town, they shall immediately inquire into the condition of any insane person therein ; call before them all testimony necessary for a full understanding of the case ; and, if they think such person is insane, and that his comfort and safety, or that of others interested, will thereby be promoted, they shall forthwith send him to the hospital, with a certificate stating the fact of his insanity, and the town in which he resided or was found at the time of examination, and directing the superintendent to receive and detain him till he is restored or discharged by law, or by the superintendent and trustees. And they shall keep a record of their doings, and furnish a copy to any interested person requesting and paying for it. lb. § 12. ' 5. The officers ordering the commitment of a person unable to pay for his support, may certify in writing to the superin- tendent that fact, and that he has not relations liable and of sufficient ability to pay for it ; and, if the superintendent is satisfied that such certificate is tru^, the treasurer of the hos- pital may charge to the state one dollar per week for his board, and deduct it from the charge made to the patient or town for his support, lb. § 13. INSANE PERSONS. 191 6. Any person or corporation deeming himself or the insane aggrieved by the decision of the board of examiners for or against the insanity, may appeal therefrom by claiming the appeal within five days after the decision is made known, naming a justice of the peace and quorum on his part, and appointing a time within three days thereafter, and a place in such town or an adjoining town for the hearing ; and he shall procure the attAidance of such justice at such time and place, if in his power ; if not, he may select another. The board of examiners shall select another justice of the peace and quo- rum, lb. § 14. 7. If the two justices neglect or refuse to decide the appeal within three days after the time appointed for the hearing, or if the municipal officers neglect or refuse for three days after complaint is made to them to examine and decide any case of insanity in their town, complaint may be made by any relative of the insane or any other respectable person to two justices of the peace and quorum ; and the two justices selected in either of the above modes, may call before them any proper testimony, and hear and decide the case. If they find the person insane, and that he will be more comfortable and safe 40 himself or others, they shall give a certificate for his com- mitment to the hospital like that described in section four, lb. § 15. 8. Such justices shall keep a record of their doings, and furnish a copy thereof to any person interested requesting and paying for it. Those deciding an appeal shall be entitled to receive for their services two dollars a day, and ten cents a mile for their travel, and shall determine which party shall pay it ; those deciding an original case shall charge the same fees as for a criminal examination, to be paid by the person or corporation liable in the first instance for the support of the insane in the hospital. lb. § 16. 9. When such justices order a commitment to the hospital, the municipal officers of the town where the insane resides, or such other person as the justices direct, shall cause such order to be complied with forthwith at the expense of the townj and, after such commitment is made, the justices shall decide and certify the expenses thereof, ik § 17. 10. The certificate of commitment to the hospital, after a legal examination, shall be sufficient evidence, in the first in- stance, to charge the town where the insane resided, or was found at the time of his arrest, for the expenses of his exam- ination, commiiment, and support in the hospital ; but when 192 MAINE TOWNSMAN. his friends or others file a bond with the treasurer of the hospital, such town shall not be liable for his support, unless new action is had by reason of tiie inability of the patient or his friends longer to support him ; and such action may be had in the same manner, and before the same tribunal, as if he had never been admitted to the hospital. lb. § 18. 11. The person or town liable for the support of a person when lawfully committed to the hospital, shall be liable there- for, and for the expenses of his removal, when unlawfully committed and removed, as provided in section nine ; but the expenses of such removal are not to exceed ten cents per mile from the hospital to the place of commitment. lb. § 19. 12. Any town thus made chargeable in the first instance, and paying for the commitment and support of the insane in the hospital, may recover the amount paid of the insane, if able, or of persons legally, liable for his support, or of the town where his legal settlement is, as if incurred for the ordinary expenses of any pauper ; but if he has no legal settlement in this state, such expenses shall be refunded by the state ; and the governor and council shall audit all such claims, and draw their warrant on the treasurer therefor. No insane person shall suffer any of the disabilities incident to pauperism, nor be hereafter deemed a pauper, by reason of such support. lb. § 20.* 13. When any friend, person, or town, liable for the support of any patient who has been in the hospital six months, not committed by order of the supreme judicial court, nor afflicted with homicidal insanity, thinks he is unreasonably detained, he may apply to the municipal officers of the town where the insane resides, and they shall inquire into the case, and summon before them any proper testimony, and their decision and order shall be binding on the parties. They shall tax legal costs, and decide who shall pay them. If such application is unsuccessful, it shall not be made again till the expiration of another six months. lb. § 21. 14. When the overseers of any town, liable for the support of a patient at the hospital, are notified by mail by the superintendent, that he has recovered from his insanity, they shall cause him to be removed to their town ; and if they neglect it for fifteen days, the superintendent shall cause it to be done at the expense of such town. lb. § 22. 15. When any man or unmarried woman, of twenty-one years of age, is sent to the hospital for insanity under any of the provisions of this chapter, the municipal officers of the town * By act of Feb. 18, 1862, it is provided that in cases of persons committed as above, who have no legal settlement In the State, there shall be refunded by the State to the town made chargeable, all the expenses over and above one dollar per week. HOUSES OF COERECTION. 193 where such insane resides, may apply to the judge of probate for the same county for the appointment of a guardian, when they think it for the interest of the insane, and to prevent waste of his property ; and the judge, on their certificate to that effect, without notice to the insane, shall forthwith appoint some suitable guardian of the same county, who shall give bond as in other cases, and have reasonable compensation for his services, to be allowed by the judge, and paid out of the estate ; but shall not be required to return any inventory, or exercise any other powers or duties of guardian for one year after his appointment, except to provide for the support of the insane and his family, and prevent waste of his property, lb. § 23. , CHAPTER LXVII. TOWN HOUSES OP CORRECTION. i. Town houses of correction and their ob- ject. 2. Overeeera thereof. 3. Of work houses appropriated to the like uses. 4. Compeuaation of overseers and master. 5. Duties of the overseers. 6. Support of the prisoners. 7. Powers of overseers to commit persons to such house. 8. Porm of the order for commitment. 1. Any town, at its own expense, may build and maintain a house of correction, or may appropriate, in part or in whole, any work house owned by such town for such purpose ; and any person belonging to or found in such town, liable to be sent by a justice of the peace to the county house of correction, may be sent to such town house by any justice of such town, and by the like process. E. S. c. 141, § 17. 2. The selectmen of any such town shall annually appoint three, five, or seven discreet persons, overseers of such house, and may establish, from time to time, such rules and orders not repugnant to law, as they deem necessary for governing and furnishing persons committed thereto. lb. § 18. 3. When any work house is so appropriated for a -house of correction, the master thereof shall be master of the house of correction ; but in other cases the overseers thereof shall appoint a suitable master, removable at their pleasure. lb. § 19. 4. The overseers and master of such town house of correc- tion shall have such compensation for their services as is annually voted by their towns. lb. § 20. 17 194 MAINE TOWNSMAN. 5. The overseers, from time to time, shall examine into the prudential concerns and management of such house, and see that the master faithfully discharges his duty. lb. § 21. 6. Every person committed to such town house of correction shall he supplied by the keeper with a suitable quantity of bread and water, or other nourishment, as the overseers order ; and all expenses incurred for commitment and maintenance, exceeding the earnings of the person confined, shall be paid by the parties liable for similar charges in the case of persons committed to a county house of correction. lb. § 22. 7. The overseers of any such town house of correction may commit thereto, for a term not exceeding forty-eight hours, any person publicly appearing intoxicated, or in any manner violating the public peace, when the safety of the person intox- icated, or the good order of the community requires it, till such person can be conveniently carried before a magistrate and restrained by complaint and warrant in the usual course of criminal prosecutions. lb. § 23. 8. The form of the order for commitment may be in sub- stance as follows : — To A. B., master of the house of correction in the town of : You are hereby required to receive and keep C. D. in said house of correction for the term of hours, unless sooner discharged by our order. E. F. ) Overseers of said Some G. H. y of Correction. And any sheriff, deputy sheriff, constable, or other person, to whom such order is given by said overseers, shall forthwith apprehend and convey such person to said house of correction, and deliver him to the master thereof, to be taken and kept agreeably to the order ; and shall be entitled to receive from the town such fees for service and travel as are allowed for service of warrants. lb. § 24 WORKHOUSES. 195 CHAPTER LXVIII. WORKHOUSES. 1. Towns may proTide workhouses. 2. TowDS may chooae overseers of such houses. 3. Duties of such overseers. 4. Contiguous towns may unite in build- ing workhouses. 5. Joint board of overseers ; their powers. 6. Quarterly and other meetings of such board. 7. Choice of officers. 8. By-laws, when and how made. 9. Proportion in which expenses are paid. 10. Mode of recovery from delinquent town. 11. Overseers may order commitment of certain persons.' 12. Neither town may commit more than its proportion. 13. Idlers having no settlement may be committed. 14. Delinquent town. 16. Either town may furniBh additional materials for labor. 16. Master to keep a registry. 17. Controversy between master and over- seers. 18. Each town liable for its own commit- ments. 19. Persons committed to be kept em- ployed. 20. Workhouses may be discontinued. 1. Any town may erect or provide a workhouse for the em- ployment and support of persons of the followmg description : all poor and indigent persons, maintained by or receiving alms from the town ; all able-bodied persons not having estate or means otherwise to maintain themselves, who refuse or neglect to work ; all persons who live a dissolute and vagrant life and exercise no ordinary calling or lawful business sufficient to gain an honest livehhood ; and all such persons as spend their time and property in public housesf to the neglect of their proper business, or by otherwise misspending what they earn, to the impoverishment of themselves and their families, are Hkely to become paupers. E. S. c. 21, § 1. 2. Every town having a workhouse, may, at its annual meeting, choose, three, ^ve, or seven, or more overseers there- of, who shall have the inspection and government thereof, with power to appoint a master and needful assistants for the more immediate care and superintendence of the persons received or employed therein. lb. § 2. 3. The overseers, as occasion requires, shall hold meetings on the business of their office ; make needful orders and. regu- lations for such house, to be binding until the next town meet- ing, when they shall be submitted to the consideration of the inhabitants ; and such as are approved at said meeting shall reifiain in force until revoked by the town. lb. § 3. 196 MAINE TOWNSMAN. 4; Any two or more contiguous towns, at their joint charge and for their common benefit, may erect or provide such a workhouse, and may purchase land for the use thereof. lb. § 4. . 5. The ordering, governing, and repairing of such work- house, appointing a master and necessary assistants, and re- moving them from office for sufficient cause, shall be vested in a joint board of overseers, three of whom shall be chosen by each of said towns at its annual meeting, unless all said towns agree on a different number. Vacancies may be supplied by the town in which they happen, at any legal meeting. The members appointed by any one or more of said towns shall have power to proceed in aU affairs of said house,, notwith- standing any one or more of the towns interested has neglected to furnish its proportion of members. lb. § 5. 6. There shall be stated quarterly meetings of all said over-' seers on the first Tuesdays of January, April, July, and Octo- ber, to be held at the workhouse, to inspect the management and direct the business thereof; and other meetings, to be held at the workhouse, may be ^called by the overseers of any town concerned, by giving notice of the time and occasion thereof to the other members of the board as agreed upon at any stated meeting. lb. § 6. 7. The joint hoard when duly assembled, may choose a moderator. At their first general meeting after their election, they shall appoint a clerk, who shall be duly sworn, and record all votes and orders of the board. lb. § 7. 8. Said board, at any general quarterly meeting composed of at least one-half of their whole number, may make all rea- sonable by-laws and orders, not repugnant to the laws of the state, respecting the affairs of such workhouse ; agree with the master and assistants, and order proper allowance for their care and services ; but all other matters relating to said work- house may be acted upon at any other meeting duly notified, if one third part of the board are present, lb. § 8, 9. The yearly compensation of the master and assistants in any joint workhouse, in addition to the allowance afore- said, and the expenses of keeping the house in repair, shall be paid by the several towns interested, in proportion to the state tax last assessed upon them when the expense was in- curred ; or in such other proportion as all the towns interested agree upon. lb. § 9. 10. If any town refuses or neglects to advance or reim- burse its proportion of such allowance or other charges, after WORKHOUSES. 197 they shall have been stated and adjusted by the joint board of overseers, it may be recovered of such delinquent town, in the name of any person or persons whom the overseers in wntmg appoint for that purpose.^Ib. § 10. _ 11. Any two or more overseers in any town having a workhouse, either severally or jointly with other towns, may, by order under their hands, commit to such house, any per- son residing in their town, who is liable to be sent there. Such order may be directed to and served by any constable of their town. lb. § 11. 12. No greater number of persons belonging to a town shall be received into a joint workhouse, than its proportion thereof can accommodate, when the receiving of them will exclude or incommode those belonging to the other towns. lb. § 12. 13. "When any person, not having a legal settlement m any town in this state, becomes idle or indigent, he may be com- mitted to the workhouse provided for said town, to be em- ployed, if able to labor, in the same manner, and subject to the same rules as the other persons there committed. lb. § 13. 14. If any town jointly interested in any workhouse re- fuses or neglects to provide its proportion of the necessary expenses thereof, or of the materials, implements, or other means for carrying on the work there required, according to their agreement, or the proper direction of the overseers, it shall be deprived of the privilege of sending any person there, until it complies with such agreement or direction. lb. § 14. 15. In addition to the expenses and other things to be fur- nished jointly, each of such towns may furnish such other materials, implements, and means of work as its overseers determine, for the employment of any person by them com- mitted to such house; and the master shall receive such materials, implements, and means of work, and keep them separate from those of other towns ; and be accountable to such town for the cost, and aU profits and earnings made by the labor of the person under his care belonging to such town, lb. § 15. 16. The master of such workhouse shall keep a register of the names of the persons committed, and of the towns to which they belong, with the time of their commitment and discharge, and the amount of their earnings ; and the same shall be open to the inspection of the overseers. lb. § 1 6. 17. All controversies between the master of such house and the overseers of any town, relating to his ofScial transactions, 17* 198 MAINE TOWNSMAN. may be determined by the joint board of overseers at a gen- eral or quarterly meeting. lb. § 17. 18. No town shall be chargeable for the expenses of any person not committed to said houseiy its overseers, nor shall any person duly committed be discharged except by written order of the overseers of his town, by vote of the joint board at a quarterly meeting, or by the supreme judicial court held in the same county upon application for that purpose. lb. § 18. 19. Every person committed to such workhouse, if able to work, shall be kept diligently employed during the term of his commitment. For idleness, obstinacy, or disorderly conduct, he may be punished as provided for by the lawful regulations of the house. lb. § 19. 20. Any workhouse may be discontinued, or applied to any other use, when the town or towns concerned agree so to do. lb. § 20. TITLE VII. THE HEALTH, SAFETY, AND GOOD ORDER OP TOWNS. Chapter 69. Contagious sickness. Chaptek 70. Health committee. Chaptek 71. Quarantine regulations. Chaptek 72. Hospitals. Chapter 73. Nuisances. Chapter 74. Engjnemen and fires. Chapter 75. Prevention of fires. Chapter 76. Watch and ward. Chapter 77. Innholders and victualers. Chapter 78. Lord's day and religious meetings. Chapter 79. Public exhibitions, bowling alleys, and billiaid rooms. Chapter 80. Gaming. Chapter 81. Dogs, moose, deer, &e. Chapter 82. Burying grounds and dead bodies. Chapter 83. Unwholesome provisions and drinks, and poisons. CHAPTER LXIX. prevention ov contagious sickness. Precautions against infected persons. Precautions against persons arriving from infected places. Restrictions on such persons. Precautions authorized in border towns. Separate accommodatioa of infected persons. 7. Process for securing infected articles. Powers of oficers in executing such process. Expenses, how paid. 10. Compensation for men or property impressed. 11. Adjournment of courts because of dan- ger from infection. 12. Removal of infected prisoners. 13. Order for removal, how returned. 14. Masters of vessels liable, when. 16. Vaccination authorized. 16. Towns may make by-laws. 17. Notice to be given of infectious dis- 1. When any person is or has recently been infected with any disease or sickness dangerous to the public health, the municipal officers of the town where he is sh^U provide for (199) 200 MAINE TOWNSMAN, the safety of the inhabitants, as they think best, by removing him to a separate house, if it can be done -without great dan- ger to his health, and by providing nurses, and other assistants and necessaries, at his charge, or that of his parent or master, if able, otherwise, that of the town to which he belongs. R. S. c. 14, § 1. 2. When any infectious or malignant distemper is known to exist in any place out of the state, the municipal officers of any town in the state, by giving public notice therein, as they find convenient, may require any person coming from such place to inform one of them, or the town clerk, of their arrival, and from what place ; and if he does not, within two hours after his arrival, or after actual notice of such require- ment, give such information, he shall forfeit one hundred dol- lars to the use of the town. lb. § 2. 3. Said officers may prohibit a person, required to give such information, from going to any part of their town where they think his presence would be unsafe for the inhabitants ; and if he does not comply, they may order him, unless dis- abled by sickness, forthwith to leave the state, in the manner and by the road they direct ; and if he neglects or refuses so to do, any justice of the peace in the county, on complaint of either of said officers, may issue his warrant to any proper officer or other person named therein, and cause him to be re- moved out of the state ; and if during the prevalence of such distemper in the place where he resides, he returns to any town in this state without the Ucense of the municipal officers thereof, he shall forfeit not exceeding four hundred dollars, lb. § 3. 4. The municipal officers of any town near to or adjoining the line of the state, may appoint, by writing under their hands, suitable persons to attend at any places by which trav- elers may pass into such town from infected places in other states or provinces ; who may examine such passengers as they suspect of bringing with them any infection dangerous to the pubhc health, and if need be, may restrain them from traveling until licensed thereto by a justice of the peace in the county, or one of said officers ; and any such passenger • who, without such license, travels in this state, except to re- turn by the most direct way to the state or province whence he came, after he has been cautioned to depart by the persona so appointed, shall forfeit not exceeding one hundred dollars, lb. § 4. 5. Any two justices of the peace may issue a warrant, PREVENTION OF CONTAGIOUS SICKNESS. 201 directed to a proper officer, requiring him to remove any per- son infected with contagious sickness, under the direction of the municipal officers of the town where he is ; or to impress and take up convenient houses, lodgings, nurses, attendants, and other necessaries for the accommodation, safety and relief of the sick. lb. § 5. 6. When on the application of the municipal officers of a town, it appears to any justice of the peace that there is just cause to suspect that any baggage, clothing, or goods of any kind within such town are infected with any malignant con- tagious distemper, by a warrant directed to a proper officer, he shall require him to impress so many men as the justice thinks necessary, to secure such infected articles, and to post said men as a guard over the house or place where the articles are lodged, who shall prevent any person's removing or coming near such articles, until due inquiry is made into the circum- stances thereof, lb. § 6. 7. He may, by the same warrant, if it appears to him ne- cessary, require said officers, under the direction of the mu- nicipal officers, to impress and take up convenient houses or stores for the safe keeping of such infected articles, and cause them to be removed thereto, or otherwise detained, until the municipal officers think they are free from infection, lb. § 7. 8. Said officers, if need be, may break open any house, shop, or other place mentioned in the warrant whei'e infected articles are, and require such aid as is necessary to execute it ; and all persons at the command of either of said officers, under a penalty of not exceeding ten dollars, shall assist in such execution, lb. § 8. 9. The charges of securing such infected articles, and of transporting and purifying them, shall be paid by the owners thereof, at the price determined by the municipal officers, lb. § 9. 10. When the officer impresses or takes up any houses, stores, lodgings, or other necessaries, or impresses any man, as herein provided, the parties interested shall have a just com- pensation therefor,. to be paid by the town in which such per- sons or property were impressed, lb. § 10. 11. When a malignant infectious dist&nper prevails in any town wherein the supreme judicial court or court of county commissioners is to be held, said courts may be adjourned and held in any town in said county, by proclamation made in such public manner as the courts judge best, as near their usual place of meeting as they think safety permits. lb. § 11. 202 MAINE TOWNSMAN. 12. When any person in a jail, house of correction, or workhouse, is attacked with any disease, which the municipal officer^ of his town, by medical advice, consider dangerous to the safety and health , of other prisoners, or of the inhabitants of the town, they shall, by their order in writing, direct his removal to some place of safety, there to be securely kept and provided for until their further order ; and if he recovers from such disease, he shall be returned to his place of con- finement, lb. § 12. 13. If he was committed by order of a court, or under a judicial process, the order for his removal, or a copy thereof, attested by the municipal officers, shall be returned by them, with the doings thereon, into the offiice of the clerk of the court from which such order or process was issued. No such removal shall be deemed an escape. lb. § 13. 14. If a master, seaman, or passenger of a vessel in which there is any infection, or has lately been, or is suspected to have been, or which has come from a port where any infec- tious distemper prevails dangerous to the public health, refuses to answer, on oath, such questions as are asked him, relating to such infection or distemper, by the municipal officers of the town to which such vessel comes, which oath either of said officers may administer, he shall forfeit not exceeding two hun- dred dollars, or be imprisoned not more than six months. lb. § 17. . 15. A town may provide for the inoculation of its inhab- itants with the cow-pox, under the direction and control of the health committee, health officer, or board of health, and raise all necessary sums to defray the expense thereof, or such part as they may think proper. lb. § 35. 16. Towns may establish by-laws for the preservation of health, and for protection against infectious diseases. lb. § 36. 17. When a householder or physician knows that a person under his care is taken sick of any such disease, he shall im- mediately give notice thereof to the municipal officers of the town where such person is ; and if he neglects it, he shall forfeit not less than ten, nor more than thirty dollars. lb. § 32. HEALTH COMMITTEE. 203 CHAPTER LXX. HEALTH COMMITTEE. 1. Health committee, how chosen, I 3. Nnisaaces, to be abated. 2, Duty of selectmen. I 4. Board of health. 1. A town, at its annual meeting, may choose a health com- mittee of not less than three nor more than nine, or one person to be a health officer, who shall remove, at the expense of their town, all filth found in any place therein, which, in their judgment, endangers the lives or health of any inhabitant ; and require the owner or occupant, when they think necessary, to remove or discontinue any drain or other source of filth. E. S. c. 14, § 14. 2. If any town, at its annual meeting, omits to choose such, committee or officer, the municipal officers shall be a health com- mittee, and have all their powers and perform all their duties. lb. § 15. 3. When any source of filth, or other cause of sickness, is found on private propertjijithe owner or occupant thereof shall, ■within twenty-four hours after notice from the said committee or officer, at, his own expense, remove or discontinue it ; and if he neglects or unreasonably delays to do so, he shall forfeit not exceeding one hundred dollars ; and said committee or offi- cer shall cause said nuisance to be removed or discontinued ; and all expenses thereof shall be repaid to the town by such owner or occupant, or by the person who caused or permitted it. lb. § 16. 4. A town may choose a board of health of not less than three nor more than nine persons, who shall have all the pow- ers, and be subject to all the duties, restrictions, liabilities, and penalties of the municipal officers, and health committee or officer. lb. § 34. 204 MAINE TOWNSMAN. CHAPTER LXXI, QUARANTINE EEGULATIONS. 1. Anchorage for infected vesels. 2. Penalty. 8. Power of selectmen. 4. Duty of pilots. 5. Penalty for violating quarantine. 6. Signals to be furnished. 7. Duty of health committee. 8. Expenses of quarantine. 9. Exceeding authority. 1. "When a vessel arrives at a port in this state, having on board any person infected with a malignant disease, the master, commander, or pilot thereof shall anchor it at some convenient place below the town of such port, at a distance safe for the inhabitants thereof and the persons on board other vessels in the port ; and no person or thing on board shall be brought on shore, until the municipal officers give their written permit therefor. R. S. c. 14, § 18. 2. For the willful violation of the provisions of the preceding section, such master or commander shall forfeit not exceeding two hundred, and the pilot not exceeding fifty dollars for each offense. lb. § 19. % 3. The municipal officers of a seaport town may cause any vessel arriving there to perform quarantine at such place and under such regulations as they may judge expedient, when they think the safety of the inhabitants requires it ; and whoever neglects or reflises to obey such orders and regulations, shall forfeit not exceeding five hundred dollars, or be imprisoned not exceeding six months. lb. § 20. 4. When such officers of a seaport town think it necessary to order all vessels arriving there from any particular port or ports to perform quarantine, they shall give notice thereof to the pilots of their port, who shall make it known to the master of all vessels which they board. If any pilot neglects to do so, or, contrary thereto, pilots any vessel up to paid seaport town, he shall forfeit not exceeding one hundred dollars. lb. § 21.^ 5. When the master or commander of a vessel takes it up to any seaport town after notice that a quarantine has been so directed for all vessels coming from the port or place whence his vessel sailed, or by false declarations, or otherwise, fraudu- lently attempts to elude such directions ; or lands or suffers to TOWN HOSPITALS. 205 %e landed from his vessel any person or thing, without per- mission of the municipal officers, he shall be punished as pro- Tided in section three. lb. § 22. 6. The municipal officers of every seaport town requiring vessels to perform quarantine, shall provide, at the expense of such town, a suitable number of red flags, at least three yards in length ; and the master of every vessel ordered to perform quarantine shall cause one of them to be continually kept, dur- ing the term thereof, at the head of the mainmast of his vessel ; and no person shall go on board such vessel during said term unless by permission of said officers ; if he does, he shall be thereafter held liable to the same regulations and restrictions as those belonging to said vessel ; and shall there be detained by force, if necessary, until duly discharged by said officers, lb. § 23. 7. In every seaport town where there is a health committee or officer, he may perform all the duties, and exercise all the authority, of the municipal officers in requiring vessels to per- form quarantine. lb. § 24. 8. All expenses incurred on account of any person, vessel, or goods, under quarantine regulations, shall be paid by him, or the owner of the vessel or goods, as the case may be. lb. §25. 9. Health officers are not authorized to take vessels, in quar- antine, into their own possession and control to the exclusion of the owner or those whom he has put in charge. If they do, the town is not responsible for their acts. 41 Maine, 363. CHAPTER LXXII. TOWN HOSPITALS. 1. Towns may establish hospitals. I 4; Hospitals for infectious diseases. 2. InocnlatioD, restrictioDs on. I 6. Violation of regulations. 3. Duty of attendants at hospitals. { 1. A town may establish thereui one or more hospitals for the reception of persons having the small-pox or other disease dangerous to the public health ; or its municipal officers may license any building therein as a hospital, to be under the con- trol of said officers ; but no such hospital shall be within one hundred rods of an inhabited dwelling house in an adjoining 18 206 MAINE TOWNSMAN. town without the consent of its municipal officers. R. S. c. 1% § 26. 2. If any person inoculates himself or any other person, or suffers himself to be inoculated with the small pox, unless at some lawful hospital, he shall forfeit not exceeding one hundred dollars for each offense. lb. § 27. 3. When a hospital is so established or licensed, the physi- cian, the persons inoculated or sick therein, the nurses, attend- ants, and all persons who come within its limits, and all furni- ture or other articles used or brought there, shall be subject to the regulations made by the municipal officers. lb. § 28. 4. When the small-pox or any other disease dangerous to the public health breaks out in a town, the municipal officers shall immediately provide such hospital or place of reception foi; the sick and infected, as they judge best for the accommo- dation and safety of the inhabitants ; and such hospitals and places shall be subject to their regulations the same as estab- lished hospitals ; and they shall cause such sick and infected to be removed thereto, unless their condition will not admit of it without imminent danger ; in that case, the house or place where the sick is, shall be deemed a hospital for every purpose aforesaid ;. and all persons residing in or in any way concerned with it shall be subject to hospital regulations. lb. § 29. 5. If any physician or other person in such hospitals or places of reception, violates any lawful regulation in relation thereto, with respect to himself, or his or another's property, he shall forfeit not less than ten, nor more than one hundred dol- lars for each offense. lb. § 31. NUISANCES. CHAPTER LXXIII. NUISANCES. 1. Certain nuisances described. 2. Places afisigned for unwholesome em- ployments. 5. Proceedings when places so assigned bo- come offensiTe. 4. Manufacture of gunpowder. 6. Burning bricks in parts of a town pro- hibited. 6. Water mills and dams on streams. 7. Punishment for nuisances, 8. Stationary steam engin^ not to be used without license. 9. Duty of town officers on application for a license. 10. Engine erected without license a nui- sance. 11. Power of town ofBcers to remove such engine. • , 13. Steam boilers to be provided with fusi- ble safety plug. 13. Penalty for removing plug, or using boiler without plug. 14. Blasting roc](^ ; notice to be given. 15. Violation, penalty for. 16. Notice for construction of wharves. 1. The erection, continuance, or use of any building or otter place for the exercise of a trade, employment, or manu- facture, which, by occasioning noxious exhalations, offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort, or property of individuals or the public ; causing or suffering any offal, filth, or noisome substance to be collected or to remain in any place to the prejudice of others ; obstructing or impeding, without legal authority, the passage of any navigable river, harbor, or collection of water ; cor- rupting, or rendering unwholesome or impure, the water of a river, stream, or pond ; unlawfully diverting it from its natu- ral course or state to the injury or prejudice of others ; and the obstructing or encumbering by fences, buildings, or other- wise, the highways, private ways, streets, alleys, commons, common landing places, or burying grounds, shall be deemed nuisances, within the limitations and exceptions hereafter men- tioned. R. S". c. 17, § 1. 2. The municipal officers of a town, when they judge it necessary, may assign some place or places therein for the exercise of any trade, employment, or manufacture aforesaid, and forbid their exercise in other places, under penalty of being deemed public or common nuisances, and liable to be dealt with as such. AU such assignments shall be entered in the records of the town, and may be revoked when said officers judge proper. lb. § 2. 3. When any place or building so assigned becomes a nui- 208 MAINE TOWNSMAN. sance, offensive to the neighborhood, or injurious to the public health, any person may complain thei'eof to the supreme judi- cial court ; and if, after notice to the party complained of, the truth of the complaint is admitted by default, or made to appear to a jury on trial, the court may revoke such assign- ment, and prohibit the further use of such place or building for such purposes, under a penalty not exceeding one hundred dollars for each month's continuance after such prohibition, to the use of said town, and may order it to be abated, and issue a warrant therefor, or stay it as hereafter provided; and if the jury, on said trial, acquits the defendant, he shall recover costs of the complainant. lb. § 3. 4. If a person carries on the business of manufacturing gunpowder, or of mixing or grinding the composition therefor, in any building within eighty rods of any valuable building erected when such business was commenced, the former build- ing shall be deemed a public nuisance ; and such person may be prosecuted accordingly. lb. § 4. 5. A town, at its annual meeting, may prohibit the burning of bricks, or the erecting of brick-kilns, within such parts thereof as they deem for the safety of the citizens or their property. And, if any person, by himself or others, violates such prohibition, the municipal officers shall cause said bricks or brick-kiln to be forthwith removed, at the expense of the owner thereof; and the offender shall be liable to a fine not exceeding two hundred dollars, to the use of said town. lb. § 5. 6. The erecting and maintaining of water mills and dams to raise water for working them upon or across streams not navigable, as provided in the chapter of the Revised Statutes relating thereto, shall not be deemed nuisances, unless they become offensive to the neighborhood or injurious to the pub- lic health, or unless they occasion injuries or annoyances of a kind not authorized by said chapter. lb. § 6. 7. ' "Whoever is convicted of erecting, causing, or continuing a public or common nuisance, where no other punishment is specially provided, may be punished by a fine not exceeding one hundred dollars ; and the court, with or without such fine, may order such nuisance to be discontinued or abated. lb. § 7. 8. No stationary steam engine shall be erected in a town, unless the municipal officers have previously granted license therefor, designating the place where the buildings therefor shall be erected, the materials and mode of construction, the size of the boiler and furnace, and such provisions as to hight of chimneys or flues, and protection against fire and explosion, NUISANCES. 209 as they judge proper for the safety of the neighborhood. Such license is to be granted on written application, and recorded in the town records, and a certified copy of it furnished, without charge, to the person or persons applying for the license, lb. § 13. 9. When application is made for such license, said officers shall assign a time and place for its consideration, and give public notice thereof at least fourteen days beforehand as they think proper, at the expense of the applicant, that all persons interested may be heard before granting a license. lb. § 14. 10. Any such engine erected without license shall be deemed a common nuisance, without any other proof than its use. lb. § 15. 11. Said officers shaH have the same authority to abate and remove a steam engine erected without license as is given to the health committee or health officer for the removal or dis- continuance of certain nuisances. lb. § 16. 12. No person or corporation shall use or cause to be used any steam boiler in this state, unless it is provided with a fusible safety plug, made of lead or some other equally fusi- ble material, not less than half an inch in diameter, which shall be placed in the roof of the fire-box, when a fire-box is used ; and in all cases shall be placed in a part of the boiler fully exposed to the action of the fire, and as near the top of the water line as any part of the fire surface thereof ; and for this purpose it shall be lawful to use Ashcrofl's " protected safety fusible plug." lb. § 17.* 13. If any person without just and proper cause removes from the boiler the safety plug, or substitutes any material more capa- ble of resisting the action of the fire, or if any person or corpora- tion uses or causes to be used, for six consecutive days, a steam boiler unprovided with such safety fusible plug, the offender shall be punished by a fine not exceeding one thousand dollars. lb. § 18. 1 4. Persons engaged in blasting lime rocks or other rocks, before each explosion shall give seasonable notice thereof, so that all persons or teams approaching shall have time to retire to a safe distance from the place of said explosion ; and no such explosion shall be made after sunset. lb. § 19. 15. Whoever violates the provisions of the preceding sec- tion, shall pay five dollars for each offense, in an action of debt to the use of the person suing therefor, and all damages caused by any explosion ; and if the persons engaged in blasting rocks are unable, or afler judgment and execution, avoid pay- * By the Act of March, 27, 1S58, it is aUo made an offence to manufacture or $eU unless as above provided. 18* 210 MAINE TOWNSMAN. ment of the fine, damages, and costs, by the poor debtor's oath, the owners of the quarry, in whose employment they were, shall be liable for the same. lb. § 20. 1 6. When the construction or extension of a wharf in tidal waters in any city is desired by the permission of the city authorities, they shall require the applicant to give fourteen days' notice thereof by publication in two newspapers before acting upon it. lb. § 21. CHAPTER LXXIV. ENGINE MEN AND FIRES. 1. Appointment of engine men. 2. Engine men; their rights and pow- ^ ere. 3. Engine companies ; their duties. 4. Discharge of negligent engine men. 6. Election of fire wards. 6. Duty of fire wards and other officers. 7. Powers of fire wards to require aid ; penalty for refusing to ohey them. 8. Officers appointed under special laws. 9. Compensation to owner of building demolished. 10. Plundering at fires declared larceny. 11. Towns may purchase engines. 1. When any town, corporation, or individuals possess and keep for public use any fire engine, the municipal oiHcers of the same town may appoint any number of suitable persons they deem necessary, not exceeing sixty to each engine, to be engine men. E. S. c. 26, § 1. 2. Such engine men shall be excused from serving as jurors in any court, unless their towns otherwise decide ; con- tinue in ofiice during the pleasure of the municipal ofiicers ; meet annually to elect such ofiicers as are deemed necessary to give efficiency to their operations ; establish such rules and regulations respecting their duty, as are approved by said municipal ofiicers, and not repugnant to the laws of the state, and afflix penalties to be recovered by their clerk, not exceed- ing six dollars for any one ofiense. lb. § 2. 3. Conlpanies of engine men so appointed shall njeet once every month, and oftener if necessary, for the purpose of examining the state of their engines and the appendages thereof; and by night or by day without delay, under the di- rection of the fire wards of the town, they shall use their best endeavors to extinguish any fire therein, or in the immediate vicinity thereof, that comes to their knowledge. lb. § 3. 4. When any engine man, or any member of a company ENGINE MEN AND PIBBS. 211 organized under special laws, is negligent in the discharge of his duties, in the opinion of the municipal officers, on proof thereof they shall discharge him from the company, and ap- point some other person in his stead ; and they may select from the engine men any number for each engine in said town, who shall, under the direction of the fire wards, attend fires therein with axes, fire hooks, fire sails, and ladders, and per- form such further duty as said officers, from time to tune, prescribe. lb. § 4. 6. Each town, at its annual meeting, may elect as many fire wards as are deemed necessary; and each person so chosen shall be notified in three days, and shall enter his ac- ceptance or refusal of the office, with the town clerk, within three days after such notice, on penalty of t«n dollars, unless excused by the town ; and if excused, the town shall elect another in his place. lb. § 5. 6. When a fire breaks out in any town, the fire wards shall immediately attend at the place with their badges of office ; and when there, any three of them may direct any building to be pulled down or demolished that they judge necessary to prevent the spread of the fire ; but in their absence the major part of the municipal, or any two civil or military officers present, shall, in the order they are named, have the same power. lb. § 6. 7. During the continuance of any fire, said fire wards or other officers may require assistance in extinguishing the fire and removing merchandise and furniture ; appoint guards to secure the same, and aid in pulling down or demolishing build- ings and suppressing disorder and tumult ; and generally direct all operations to prevent further destruction or damage ; and any person refusing to obey their orders shall forfeit the sum of ten dollars. lb. § 7. 8. The chief engineer, engineers, fire wards, and other of- ficers appointed for particular localities under the provisions of special laws, shall have the same power as to pulling down or demoUshing any building to prevent the spreading of fires, and as to other things affecting the extinguishment thereof, as fire wards now have by law ; and the town to which they belong shall be liable to pay such compensation for damages conse- quent upon their acts, as other towns are liable to pay for similaradamages ; and the members of the fire department in. such localities shall enjoy all the privileges, and be liable to all the duties of other firemen in the state; but nothing herein shall be construed to control the mauser of their election. lb. § 8. 212 MAINE TOWNSMAN. 9. If the pulling down or demolishing any building, except that in which the fire originated, is the means of stopping the fire, or if the fire is stopped before it comes to the same, then the owner of such building shall be entitled to a reasonable compensation therefor from the town ; and if such town fails to make such compensation to his satisfaction, he may apply to the county commissioners at their next session ; and after due notice to the parties, they may confirm the doings of the town in estimating the amount of compensation, or in raising the money and paying the same, or alter them, as they judge proper, award costs to the prevailing party. lb. § 9. 10. If any person carries away, or conceals any property not his own, at a fire, or exposed by reason thereof, and does not give notice of it to the owner or one of the fire wards, he ehall be deemed guilty of larceny, and punished accordingly, lb. §10. 11. Towns are authorized by statute to purchase engines and build engine bouses. CHAPTER LXXV. PREVENTION OF FIRES. 1. Penalty for occupying tenement for cer- tain purposes. 2. Defective chimneys, stove pipe^, and otlier fire apparatus. •3. Form of notice. 4. Penalty for smolcing pipe or cigar in certain places. 5. Penalty for kindling fire on land with- out consent. 6. Penalty for kindling fire with intent to injure. 7. Lai^ul fires on one's own land, when to be kindled. 8. Lumher drivers may kindle fires. 9. Regulations respecting gunpowder. 10. Search for illegal gunpowder. 11. Regulations respecting gunpowder to be published. 1. No person shall occupy any tenement in any maritime town for the business of a sail maker, rigger, or keeper of a livery stable, except where the municipal officers direct ; and any person who offends against this section, shall forfeit ten dollars a month during the continuance of such occupancy, ■with costs. E. S. c. 26, § 11. 2. When any chimney, stove, stove pipe, oven, furnace, boiler, or appurtenances thereto are defective, out of repair, or so placed in any building as to endanger it or any other build- ing by communicating fire thereto, the municipal officers, on complaint of any fire ward, or other citizen, being satisfied by PREVENTION OP FIRES. 213 examination or other proof that such complaint is well found- ed, shall give written notice to the owner or occupier of such buiding, and if he unnecessarily neglects for three days to re- move or repair the same effectually, he shall forfeit not less than ten, nor more than one hundred dollars. lb. § 12. 3. The form of such notice may be as follows : — To , of the town of v You are hereby notified, that the stove pipe [or otherwise, as the case may Je] in the house [or store, or building] occupied by you is deemed by us, selectmen of said town, to be defec- tive, \or out of repair, or is so placed as to endanger the build- ing occupied by , nesct contiguous to the building in which it is placed;'] and you are requested to remove or repair the same effectually without delay, under the penalty in such case made and provided. Dated at , the day of . y Selectmen of . 4. No person shall enter any mill, factory, machine shop, ship yard, covered bridge, stable, or other building, having with him a lighted pipe or cigar, or shall light or smoke any pipe or cigar thei-ein, under a penalty of five dollars, if a notice in plain legible characters is kept up in a conspicuous position over or near each principal entrance to such building or place, that no smoking is allowed therein ; and if any person defaces, removes, or destroys any such notice, he shall forfeit ten dol- lars, lb. § 13. 5. If any person kindles a fire by the use of fire arms in hunting or fishing, or by any other means, on land not his own, without consent of the owner, he shall forfeit ten dollars ; and if such fire spreads and does any damage to the property of others, he shall forfeit a sum not less than ten, nor more than five hundred dollars and costs, according to the aggravation of the offense ; and, in either case, shall stand committed till the fine and costs are paid. lb. § 14. 6. If apy person, with intent to injure another, kindles or causes to be kindled a fire on his own or another's land, and thereby the property of any other person is injured or de- stroyed, he shall be punished by a fine of not less than twenty nor more than one thousand dollars, or by imprisonment not less than three months, nor more than three years, according to the aggravation of the offense. lb. § 15. 214 MAINE TOWNSMAN. 7. Whoever for a lawful purpose kindles a fire on his own land, shall do so at a suitable time and in a careful and pru- dent manner ; and shall be liable, in an action on the case, to any person injured by his failure to comply with this provision, lb. § 16. 8. Persons engaged in driving lumber upon any waters, may kindle fires when necessary for the purposes in which they are engaged, but shall use the utmost caution to prevent them from spreading and doing damage, and if they fail so to do, they shall be subject to all the liabilities and penalties hereof, as if the privilege granted by this section had not been allowed. lb. § 17. 9. In every town, the municipal officers may make regula- tions, in conformity to which all gunpowder in the town shall be kept, or transported from place to place ; and no person shall keep it in any other quantity or manner, than is pre- scribed in such regulations, under a penalty of not less than twenty nor more than one hundred dollars for each offense ; and all such gunpowder may be seized by any of said officers as forfeited ; and within twenty days after such seizure, be U- beled according to law. lb. § 19. 10. Any municipal officer, with a lawful search warrant, may enter any building or other place in his town to search for gunpowder supposed to be concealed there contrary to law. lb. § 21. 11. The rules and regulations, established in any town ac- cording to section nine, shall not be in force till they have been published three weeks successively in a newspaper in the county, or by posting up attested copies of them in three pub- lic places in such town. lb. § 22. WATCH AND WAED. 215 CHAPTER LXXVI. WATCH AND WARD. 1. Who ere liable to watch. 2. Power of jnstices and municipal officera. 3. Powers of watch. 4. Duties of watch. 6. Badges of constable and watch. 6. Expense of watch otherwise kept, how defrayed. 7. Proceedings in such case. 8. Penalty &r neglect of duty by a watch. 9. Penalty for neglect of constable or ot- licer. 10. Watchman to attend jnstices when walking the rounds. 11. Penalty for riding with a naked scythe. 12. Certain pageantry and bonfires pro* hibited in the night. 13. Masters and parents liable for minors. 1. Every male person, except ministers of the gospel, twenty-one years of age or upwards, who is able-bodied, or has estate sufficient to hire a substitute, when duly warned, shall be liable to watch and ward in his town, either in person or by a sufficient substitute, unless he resides more than two miles from the place where the watch or ward is kept. K. S. c. 25, § 1. 2. The justices of the peace and municipal officers resident in any town have power, from time to time, to direct and order suitable watches to be kept nightly therein from such hour in the evening as they appoint until sun rises in the morning ; and wards to be kept in the daytime and evening, when they think such watches and wards necessary. They may desig- nate the time, place, and number of persons to be so employed ; and give written orders accordingly, signed by a majority of them, directed to any constable of the town, requiring him to Warn such watch or ward, and to see that all persons so warned attend and perform their duty as required ; and in the warning to take care that some able householders, or other sufficient persons, are joined in each watch or ward. lb. § 2. The form of the order, as in section two, may be as fol- lows : — The undersigned, justices of the peace resident in the town of , and the selectmen of said town, by virtue of the authority vested in us by law, do direct and order that a suitable watch be kept nightly in said town, from and after the date hereof, unto the day of next ; said watch to be kept from — o'clock in the evening until sun rising in the morning, 216 MAINE TOWNSMAN. and to consist of persons each night, who shall walk the rounds in and about the streets, wharves, lanes, and principal inhabited parts of said town, according to law, and perform all duties required of them by the statute in such case made and provided. We do therefore require of you, the said constable, to warn the persons whose names are annexed to this wan-ant, to attend and watch as above, at the times we have set against their names respectively, and to see that all persons so warned do attend and watch as above, at the times we have set against their names respectively, and in the warning thereof, to take care that some able householders or other sufficient persons be joined in the watch. Given under our hands, at said , this day of A. D. 18—. • Justice of the Peace of ■ Selectmen of . 3. Such constable shall charge the watch to see that all disturbances in the night are prevented or suppressed ; and for that purpose the watch may examine all persons found walking abroad in the night after ten o'clock, and suspected of any unlawful intention, as to their business and where they are going ; enter houses of ill fame for the purpose of sup- pressing any disturbance or riot therein, and arrest any per- son there foiind engaged in such riot or disturbance ; and all suspicious persons thus abroad, who do not give a satisfactory account of .themselves, and all persons so arrested, shall be secured until morning, and then be carried before one of the nearest justices of the peace for trial. lb. § 3. 4. The watchmen shall walk in and about the streets, wharves, lanes, and principal inhabited parts of each town, to prevent fires, and see that good order is kept, and suitably observe the charge given them as aforesaid. lb. § 4. 5. Each constable, when attending watch or ward, shall carry with him the usual badge of his office ; and the watch- men shall carry a suitable badge, provided by the municipal officers of their town. lb. § 5. 6. When the inhabitants of a town determine to keep a watch in any other manner than is provided herein, the ex- pense thereof shall be defrayed as other town charges. lb. §6. 7. When a watch is established under the preceding sec- tion, the town shall determine the number and qualifications WATCH AND WARD, 217 of the persons to be employed for that purpose, and the muni- cipal officers shall appoint a suitable person to be captain of the watch. Every watchman shall be equipped as the municipal officers determine ; and the powers and duties of the captain and watchmen shall be the same as before prescribed in the case of a constable's watch. lb. § 7. 8. If any person liable to watch and ward is duly warned by such captain or constable, or by any person appointed by either, and refuses or neglects to appear and perform his duty, by himself or a sufficient substitute, without a just and reasonable excuse, he shall forfeit, for each offense, not less than one, nor more than ten dollars, to the use of the town, lb. § 8. 9. If a constable or captain of the watch neglects or refuses to obey the orders given him, he shall forfeit not less than ten dollars to the use of the town. lb. § 9. 10. When said justices of the peace and municipal officers think fit to walk by night to inspect the order of their town, or depute any portion of their number for the purpose, such con- stables and watchmen as are required shall attend them or said deputation, and obey their lawful commands. lb. § 10. 11. If any person rides in the highways with a naked scythe, sharpened and hung in a snath, or in any lanes, streets, or alleys, he shall forfeit two dollars for each offense. lb. §11. 12. If three or more persons, between sunset and sunrise, assemble in any street or lane in a town, and have any ima- gery or pageantry for a public show, whether armed or dis- guised, or requiring or receiving money, or other valuable things or not, on account thereof; and whoever sets fire to a pile of combustible stuff, or is concerned in making or causing a bonfire in any street, lane, or other part of the town within ten rods of any building, each shall forfeit eight dollars, or be imprisoned not more than one month for each offense. lb. §12. 13. Masters shall be liable to pay the several fines men- tioned in this chapter for the offenses of their servants or ap- prentices, if legally bound to them, at the election of the prosecutor ; and parents shall be liable at the like election for the offenses of the minor children, unless such children are bound to other persons as servants or apprentices. lb. § 14. 19 218 MAINE TOWNSMAN. GHAPTER LXXVII, INNHOLDERS AND VICTUALERS. 1. Licenses to innholders and Tictualers. 2. PerHons licensed to give bond; form thereof. S. Licenses may be granted for a part of the year. i. Pee for license, and record of all licenses. 5. Duty of innholders to provide enter- tainment. 6. Duty of victualers. 7. Innholders to keep up sif^ns. 8. Not to keep instruments of gaming. 9. Disorderly conduct and drunkenness prohibited. 10. Penalty for being innholder or victual. er without license. 11. Lord's day. 1, The municipal officers, treasurer, and clerk of every town shall annually meet on the first Monday of May, or on the succeeding day, or both, and at such time and place in said town as they appoint by posting up notices in two o» more pubUc places therein, at least seven days previously, stating the purpose of the meeting ; and at such meeting may license under their hands as many persons of good motal character, and under such restrictions and regulations as they deem necessary, to be innholders and victualers in said town, untU the day succeeding the first Monday in May of the next following year, in such house or other building as the license specifies. R. S. c. 27, § 1. 2. No person shall receive his license until he has given his bond to the treasurer, to the acceptance of the board grant- ing it, with one or more sureties, in the penal sum of three hundred dollars, in substance as follows, viz. : — (lb. § 2.) Know all men, that we, , as principal, and -, as sureties, are holden and stand firmly bound to , treasurer of the town of , in the sum of three hundred dollars, to be paid to him, or his successor in said office ; to the payment whereof we bind ourselves, our heirs, executors, and adminip- trators, jointly and severally by these presents. Sealed with our seals. Dated the day of , in the year 18 — . The condition of this obligation is such, that whereas the above bounden has been duly licensed as a within the said town of , until the day succeeding the first Mon- day of May next : now, if in all respects he conforms to the provisions of the law relating to the business for which he is INNHOLDEES AND VICTUALEHS. 219 licensed, and to the rules and regulations as provided by the licensing board in reference thereto, then this obligation shall be void, otherwise remain in full force. 3. The licensing board may, at any other time, at a meet- ing specially called, and notified as. aforesaid, for the consider- ation of any appUcation therefor to them made, grant such license on the like conditions ; but all such licenses shall ex- pire on the day aforesaid, lb. § 3. 4. Every person Ucensed shall pay to the treasurer, for the use of such board, one dollar ; and the clerk shall make a record of all licenses granted. lb. § 4. 6. Every innholder shall, at aU times, be furnished with suitable provisions and lodging for strangers and traveleiB, and with stable room, hay, and provender for their horses and cattle, and with pasturing, if required by the terms of his license ; and he shall grant such reasonable accommodations as occasion requires to strangers, travelers, and others. lb. §5. 6. Every victualer shall have all the rights and privileges, and be subject to all the duties and obligations, of an inn- holder, except furnishing lodging for travelers, and stable room, hay, or provender for cattle. lb. § 6. 7. Every innholder and victualer shall, at all times, have a board or sign afiixed to his house, shop, cellar, or store, or in some conspicuous place near it, with his name at large there- on, and the employment for which he is licensed. lb. § 7. 8. No innholder or victualler shall have or keep for gambling purposes about his house, shop or other buildings, yards, gardens or dependencies, any dice, cards, bowls, billiards, quoits or other implements used in gambling ; or suffer any person resorting thither to use or exercise for gambling purposes any of said games, or any other unlawful game or sport therein ; and every person who shall use or exercise any such game or sport for gambling purposes in any place herein prohibited, shall forfeit five dollars. lb. § 8, as amended by Act March 15, 1862, 9. No innholder or victualer shall suffer any reveling, riotous or disorderly conduct in his house, shop, or other de- pendencies, nor any drunkenness or excess therein. lb. § 9. 10. No person shall be a common innholder or victualer without a license, under a penalty of not more than fifty dol- lars, lb. § 10. 11. Innholders and victualers are not to allow certain offenses on the Lord's day. See next chapter, section 6. 220 MAINE TOWNSMAN. CHAPTER LXXVIII. RELIGIOUS MEETIN83 AND LORD'S DAT. 1. No civil proooss to be served on Siintlay. 2. Rude behavior at religious meetings. 3. Special police to preserve the peace at camp meetings. 4. All offenders shall be arrested and de- tained. 5. Business, traveling, and recreation pro- hibited on the ^bbath. 6. Tnnholders and victualers, their duty. 7. Public amusements, except sacred con- certs, prohibited. 8. Persons observing the seventh day ex- cepted. 9. Recognizances on Sunday void. 10. Contracts on Sunday void. 11. Same subject. 1. No person shall serve or execute any civil process from midnight preceding to midnight following Sunday ; but such service shall be void. R. S. c. 81, § 91. 2. Whoever, on the Lord's day or any other time, behaves rudely or indecently within the walls of any house of public worship ; willfully interrupts or disturbs any assembly of per- sons for religious worship within the place of such assembly or out of it ; sells or exposes to sale within one mile thereof, and during the time of their meeting, any intoxicating liquors, re- freshments, or merchandise, except in his usual course and place of business ; exhibits any shows or plays ; engages or aids in any horse race, gaming, or other sports, to the disturb- ance of such assembly ; or coming within their neighborhood, refuses, on request, either immediately and peaceably to retire beyond their hearing, or to conform to the established regula- tions of the meeting, shall be punished by imprisonment not more than thirty days, and by fine not exceeding ten dollars. R. S. c. 124, § 17. 3. On application of the presiding elder, preachers in charge, or tent masters of a camp meeting in any town, the municipal officers thereof shall appoint, in writing signed by a majority of them, one or more police officers to preserve the peace during such meeting, who may arrest . any person violating any provision of the preceding section, detain him till a war- rant can be issued, and execute such warrant when directed to them ; and the presiding officer, or committee of arrange- ments, of any such religious assembly or meeting, may appoint some suitable person to keep boarders and sell refreshments at such meetings, who shall conform therein to such regulations as the officers appointing them prescribe. lb. § 18. RELIGIOUS MEETINGS AND LORD'S DAY. 221 4. Every justice of the peace, sheriff, deputy sheriff, con- stable, grand juror, and tithingman, present at any such re- ligious assembly disturbed as atbresaid, shall arrest or cause to be arrested every such offender, and detain him until the close of such assembly, or until he can be taken before a magistrate ; and all persons present at such assembly, on request, shall assist said officers in tlie execution of their duty, under the same penalties for neglect or refusal, that are provided for neglecting or refusing to aid officers in otlier cases. lb. § 19. 5. Wlioever, on the Lord's day, which is the time between midnight preceding and sunset of the same day, keeps open hi? shop, workhouse, or warehouse ; travels, or does any work, labor, or business on that day, except works of necessity or charity ; uses any sport, game, or recreation ; or is present at any dancing, public diversion, show, or entertainment, en- couraging the same, shall be punished by a fine not exceeding ten dollars. lb. § 20. 6. If any innholder or victualer, on the Lord's day, or on the evening preceding or following it, suffers any persons, ex- cept travelers, strangers, or lodgers, to abide in his house, yard, or field, drinking or spending their time idly, at play, or doing any secular business, except works of charity or necessity, he shall be punished by fine not exceeding four dollars, for each per- son thus suffered to abide ; and if after conviction he is again guilty, by fine not exceeding ten dollars for each offense ; and upon a third conviction, he shall also be incapable of holding any license ; and every person so abiding shall be punished by fine not exceeding four dollars for each offense. lb. § 21. 7. Whoever, on the evening preceding or following the Lord's day, is present at any dancing or other public diversion, except concerts of sacred music, or then uses any sport, game, or recreation, shall be punished by fine not exceeding three dollars. lb. § 22. 8. No person, conscientiously believing that the seventh day of the week ought to be observed as the Sabbath, and actu- ally refraining from secular business and labor on that day, shall be liable to said penalties for doing such business or labor on the first day of the week, if he does not disturb other persons. lb. § 23. 9. A recognizance taken on the Lord's day, " between the midnight preceding, and the sunsetting of the same day," to prosecute an appeal in a criminal prosecution, is unauthorized and void. 33 Maine K. 539. 19* 222 MAINE TOWNSMAN. 10. A contract made on the Lord's day, and before sunset, is illegal and void. 34 Maine R. 391. 11. To sign and deliver a promissory note upon the Lord's day is a violation of the statute ; and the note is invalid. But the validity is not impaired, if it be not delivered on that day. 35 Maine R. 143. CHAPTER LXXIX. PUBLIC BXHIBITIONS, BOWLING ALLEYS, AND BILLIARD KOOMS. 1. Penalty for unlawful exhibitions. 2. Licenses, how granted. 3. Penalty for keeping bowling alley without license. 4. 1/icenses, bow granted, and fees therefor. 5. Persons licensed to give bond. 6. If bond be violated, license to be revoked. 7. Penalty. 1. If any person, for money or other valuable article, exhib- its in this state any images, pageantry, sleight of hand tricks, puppet show, circus, feats of balancing, wire dancing, personal agility, dexterity, or theatrical performances, without a license therefor, he shall forfeit for every such offense not more than one hundred nor less than ten dollars ; but this prohibition shall not extend to any permanently established museum. R. S. c. 29, § 1. 2. The municipal officers of towns may grant licenses for any of the foregoing exliibitions or performances therein, on receiving for the use of their town such sum as they deem proper; twenty-four hours being allowed therefor. lb. § 2. The form of such license may be as follows : — We, the subscribers, selectmen of the town of , hereby license to exhibit a menagerie of animals within said town, on the day of , he having paid to us dollars therefor, to the use of said town. Given under our hands this day of , 18 — . >• Selectmen of . 3, No persqn sh£^ll keep ^ bowling alley or billiard room PUBLIC EXHIBITIONS, BOWUNG ALLEYS, ETC. 223 without a license, under a pen§i,Ity of ten dollars for each day. lb. § 3. 4 The municipal ofiScers of towns may license suitable persons to keep bowling alleys and billiard rooms therein, in any place where it will not disturb the peace and quiet of a family, for which the person licensed shall pay ten dollars, lb. §4. 5. Every person licensed to keep a bowling alley or billiard-room shall, at the time he receives his license, give a bond to the town or city with two good and suflScient sureties in a sum not less than one hundred dollars, condi- tioned that he will not permit any gambling, or drinking of intoxicating liquors in or about his premises ; or any minor to play or roll therein without the written consent of his parent, guardian or master; or his alley or billiard room to be opened or used from ten o'clock in the evening to sunrise. lb. § 5, as amended by Act Feb. 28, 1862. 6. If any person, so licensed, violates any of the condi- tions of his bond, the municipal officers, on being furnished with proof thereof, shall revoke the license and enforce the payment of the bond for the use of their town ; and no pereon whose license is so revoked shall afterwards be licensed in said town for such purpose. lb. § 6. 7. The keeper of any bowling alley or billiard room, who violates any of the provisions of this act, shall forfeit ten dollars for the first offence, and twenty dollars for each subsequent offence ; and any marshal, sheriff, police or other officer may at any time enter said bowling alley or billiard room, or rooms connected therewith, for the pur- pose of enforcing this or any other law ; and any person who obstructs his entrance shall forfeit not less than fives nor more than twenty dollars. The penalties provided in this section may be recovered by complaint, indictment, or action of debt, to the use of the person so prosecuting. lb. § 7, as amended by Act Feb. 28, 1862. 224 MAINE TOWNSMAN. CHAPTER LXXX. GAMBLING. 1. Punishment for keeping a gambling house. 2. Penalty for gambling. 3. Penalty for winning more than three dollars at one time. 4. Loaer may recover of the winner money lost. 6. Loser, when plaintiff, may be a wit* ness, and the winner also. 6. All securities given for gambling debts void. 7. Justices of the peace, their powers. 8. Lotteries prohibited. 9. Same subject. 1. If any person or corporation keeps a house, shop, or other place resorted to for the purpose of gambling, or permits any person to gamble in any way in any house, shop, or place under his care and control, such offender shall be punished by fine not less than twenty, nor more than one hundred doUai-s. R. S. c. 125, § 1. 2. Whoever gambles, or bets on any person gambling, shall be punished by fine not less than one nor more than twenty dollars. lb. § 2. 3. Whoever is convicted, by indictment found within six months, of winning, at one time or sitting, by gambling, or betting on persons gambling, any money or goods of the value of three dollars or more, and of receiving or taking security therefor, shall forfeit, to the use of the town where the offense is committed, double the value of the property so won and received. lb. § 3. 4. Whoever, by gambling, or betting on persons gambling, loses, to any person so gambling or betting, any money or goods, and pays or delivers any part thereof, may sue for and recover the same of the winner, in an action brought within three months thereafter ; and if the loser does not, without covin or collusion within said time, prosecute therefor with effect, any other person may sue for and recover of the winner treble the value of the same in such action, half to his own use and half to the use of the town. lb. § 4. 0. In any such action brought by the loser against the win- ner, the plaintiff may offer to make oath that such money or goods were lost by gambling with the defendant, and the court shall thereupon render judgment for the plaintiff for the amount thereof, unless the defendant will make oath that he did not GAMBLING. 226 obtain any part thereof by gambling ; and if he so discharges himself, he shall recover his costs. lb. § 5. 6. All notes, bills, bonds, mortgages, securities, or convey- ances, given in whole or in part for money or goods won by gambUng, or betting on persons gambling, or to repay any money lent or advanced for gambling or betting, or at the time and place thereof, shall be utterly void against all persons except bona fide subsequent purchasers of real estate, and holders of negotiable paper for a valuable consideration with- out notice, lb. § 6. 7. When any person makes oath before a justice of the peace that he has reason to suspect, and does suspect, that any house or building,, naming in the complaint the house or build- . ing and the occupant, is unlawfully used as a common gambling house, and that idle or dissolute persons resort there for that purpose, such justice shall issue his search warrant to search for all implements used for gambling; and if any such a:re found there, for the arrest of the occupant or keeper of such house or other building ; and said implements and keeper shall be carried before him, to be dealt with according to law. lb. § 7. 8. Every lottery, scheme, or device of chance, of whatever name or description, is prohibited and declared a nuisance ; and whoever is concerned therein, directly or indirectly, by making, advertising, purchasing, receiving, selling, oflFering for sale, giving away, disposing of, or having in his possession with intent to sell or dispose of, any ticket, certificate, share or inter- est therein, by printing, publishing, or circulating the same, or any handbill, advertisement, or notice thereof, or by knowingly suffering the same to be published in any newspaper or periodi- cal under his charge, or on any cover or paper attached thereto, or in any manner aids therein or is connected therewith, shall be punished by fine not less than one hundred, nor more than one thousand dollars. lb. c. 128, §3. 9. A sign-board at a person's place of business, giving notice that lottery tickets are for sale there, is an advertisement within the meaning of statute 1825, c. 184, prohibiting the advertising of lottery tickets for sale. 5 Pick. 42. o 226 MAINE TOWNSMAN. CHAPTER LXXXI. MISCHIEVOUS DOGS, WOLVES AND BEARS, MOOSE AND DEER. 1. By-laws relating to dogfl. 2. Dogs may be killed, when. 3. Penalty for not confining or killing dangerous dogs. 4. Owner of mischievous dog liable to treble damages. 5. Bounty on wolves and bears. 6* Bounty not to bo paid till skins exhib- ited. 7. Certificates and receipts to be sent to treasurer of state. 8. Forms of certificates, receipts, and oaths. 9. Penalty for killing moose and deer. 10. Appointment of county moose war- dens. 11. Wardens may be chosen by towns. 12. Penalties, how recovered and appro- piiated. 13. Indians not subject to these penalties. 14. Proofof unlawful killing. 1. Towns may pass by-laws to regulate the going at large of dogs within them. When any dog does any damage to a per- son or his property, his owner or keeper, and also the parent, guardian, master or mistress, of any minor or servant, who owns or keeps such dog, shall forfeit to the injured person double the amount of the damage done ; to be recovered by action of trespass. R. S. c. 30, § 1. 2. Any person may lawfiiUy kill a dog, that suddenly as- saults him or any other person when peaceably walking or rid- ing, or is found worrying, wounding, or killing any domestic animals out of the enclosure or immediate care of the owner. lb. § 2. 3. Wlioever is assaulted by, or finds a dog strolling out of the enclosure or immediate care of his master, may, within forty- eight hours thereafter, make oath before a justice of the peace that he really suspects such dog to be dangerous or mischiev- ous, and notify his master by giving him a copy of said oath, signed by the justice ; and if the master neglects, for twenty- four houi's thereafter, to confine or kill such dog, he shall for- feit five dollars to any person suing therefor ; and if such dog is again at large out of the care of the master, any person may lawfully kill him. lb. § 3. 4. If a dog, after notice given as aforesaid, wounds any person by a sudden assault as aforesaid, or wounds or kills any domestic animals, the owner or keeper shaU be liable to pay the person injured treble damages and costs. lb. § 4. 5. A bounty of five dollars for every wolf, and two dollars MISCHIEVOUS DOGS, ETC. 227 for every bear, killed in any town in this State, shall be paid by the treasurer thereof to the person killing it on his com- plying with the following provisions. lb. § 5, as amended by Act March 10, 1863.* 6. No such bounty shall be paid unless the person claiming it, -withii^ten days after he has killed such animal, or within ten days after he has returned from the hunting, in which he killed it, exhibits to the town treasurer the entire skin thereof, with the ears and nose on it, in as perfect a state as when killed, except natural decay, and signs and makes oath to a certificate, which oath such treasurer is hereby authorized to administer, in which he shall state that Ke killed said animal, and the time when and the place where he killed it, showing it to be within this state ; and the said treasurer shall thereupon cut off the whole of the ears, and the whole of the nose from such skin, and entirely destroy them by burning ; then he shall pay the bounty, and take the receipt of the claimant therefor, upon the same paper with such certificate. The treasurer shall immediately make upon the same paper a certificate, under oath, addressed to the treasurer of state, that he first cut off the ears and nose from the skin of such animal, and destroyed them by burning, and then paid the said bounty to the claimant. lb. § 6. 7. Said certificates and receipts shall, annually in the month of December, be transmitted to the treasurer of state, and by him laid before the legislature, as early as convenient ; and when allowed by the legislature, shall be paid by the treasurer of state to such towns. lb. § 7. 8. The certificates and receipts shall be in the following form: (lb. § 8.) claimant's cektificatb. To the treasurer of . I hereby certify that on the day of , A. D. 18 — , at , in the State of Maine, I killed the , the skin of which I now exhibit to you ; and I claim the bounty allowed by law for killing the same. Dated at , this day of , A. D. 18 — . , Clamant. Subscribed and sworn to before me, the day and year aforesaid. , Treasurer of . claimant's receipt. On this day of , 18 — , I received of , treasurer of , dollars, being the bounty allowed by law for kUUng the , described in the above certificate. , Clamant. * Sections 6, 6, 7, and 8 of ch. 30, K. S. were repealed by Act of 1862, and re- enacted by Act of March 10, 18«3, simply reaiicing the bounty on wolves, from eight to five dolhtrs, 228 MAINE TOWNSMAN. treasurer's cbetificate. I hereby certify that, as required bylaw, I first cut off the whole of the ears and nose from the skin of described in the forego- ing certificate, and destroyed the same by burning, and {hen paid to the said ■ the bounty for which I have taken his receipt as above. Dated at , this day of , A. D. 18—. , Treasurer^of . Subscribed and sworn to before me, the day and year aforesaid. , Justice of the Peace. 9. No person shall hunt or kill, oij any land not his own in this state, any moose from the fifteenth day of March to the first day of October, or any deer from the fifteenth day of January to the first day of September, under a penalty of forty dollars for each moose, and twenty dollars for each deer so killed. No person not an inhabitant of this state shall, at any time, hunt or kill any moose or deer except on his own land, under the same penalties as above provided. Any per- son may lawfully shoot or otlierwise kill any dog found hunt- ing moose or deer within the time or with the persons herein prohibited. lb. § 9.* 10. The governor, with advice of council, shall appoint one county moose warden for each of the counties of Oxford, Franklin, Somerset, Penobscot, -Piscataquis, Hancock, Wash- ington, and Aroostook, to hold his office for the term of four years, unless sooner removed ; each of whom may appoint in writing one or more deputies under him, and require of them suitable bonds for the faithful performance of their duties, and the payment to him of his fees ; and said wardens and their deputies in their several counties shall faithfully enforce the provisions hereof. Each of the deputies shall, annually, on or before the first day of December, render to his principal an account under oath of all the penalties by him enforced for tlje preceding year, and shall pay to him one tenth part of the net proceeds thereof. Each county moose warden shall, an- nually in January, render to the secretary of state an account on oath of all the penalties enforced by himself, or returned to him by his deputies, for the year ending on the first day of December. The penalty for neglecting so to do, shall be for a warden, fifty dollars, and a deputy, twenty -five dollars ; and the warden shall immediately give notice to the county at- *The Act of March 19, 183S, provides that " no person shall hunt or kfll With dogs, any moose or deer on lands not his own, under a penalty of twenty^daUars for erery such moose or deer so killed; and any person may lawfully shoot or kill any dog so found hunting or killing moose or deer." MISCHIEVOUS DOGS, ETC. 229 torney of every such neglect of his deputy ; and the secretary of state shall notify such county attorney of every such neglect of the warden ; and the county attorney shall prosecute for every such neglect of which he has notice ; and the penalties so recovered shall be for the use of the county. In such pros- ecutions the certificate of the secretary of state shall be sufficient evidence of the fact of such ne^ect to make return to him. lb. § 10. 11. The municipal officers of any town may insert in the warrant for their annual meeting, an article for the choice of a town moose warden, who, in his town and any where within the distance of twelve miles from the exterior bontids thereof, shall have concurrent jurisdiction with, and the same powers and rights as the county moose warden and his deputies ; and he shall make a like return to the secretary of state under a penalty of twenty-flve dollars, to be proved, recovered, and appropriated in the same way. Each of said officers shall have the same authority to require aid in the execution of his office as sheriffs and their deputies have. lb. § 11. 12. The county wardens, their deputies, or town wardens may recover the penalties for unlawfully hunting and killing moose and deer, in an action on the case in their own names, or by complaint or indictment in the name of the state ; and such dficers may be competent witnesses, and the sums recovesred shall be paid, one half to the warden or deputy warden, and the other to the county or town, as the case may be. Any person may prosecute by complaint or indictment for any of the acts herein forbidden, provided no such warden or deputy, within fourteen days after the offense is committed, prosecutes therefor. lb. § 12. 13. No Indian of the Penobscot or Passamaquoddy tribe shall be liable to the penalties hereof, while hunting moose and deer on his own account and for his own use, unaccompanied by any person herein forbidden. lb. § 13. 14 If any person has in his possession the carcass or hide of any such animal, within the times herein forbidden, he shall be deemed to have hunted and killed the same contrary to law, and be liable to the penalties aforesaid, after he has had reasonable opportunity given him by the warden to show that said animal was lawfully killed, and has neglected to do so ; but he shall not be precluded from producing such proof in defense. lb. § 14. 20 230 MAINE TOWNSMAN. CHAPTER LXXXII. BUEYING GROUNDS AND DEAD BODIES. 1. Towns may purchase lands for burying gronnds. 2. Proprietors of burying grounds. 3. Grounds to be fenced witliin one year. 4. Towns and parishes to fence ancient burying grounds. 5. Land appropriated by IndiTidual for burying ground exempt from attach- ment. 6. Penalty for injury to monuments. 7. Penalty for attaching dead bodies. 8. Penalty for disinterriug dead bodies. 1. All towns may raise and assess money necessary for pur- chasing and suitably fencing land for a burying ground. K. S. c. 15, § 1. 2. Persons twenty-one years of age or more may incorpo- rate themselves for the purpose of purchasing land for a bury- ing ground. lb. § 2. 3. Such corporation, within one year after its organization, shall make a substantial fence around the burying ground, and keep it constantly in repair, under a penalty not exceed- ing one hundred dollars, which shall be laid out under the direction of the municipal officers in keeping the fence in repair. lb. § 3. 4. Each town, parish, or religious society, to which any ancient or public burying yard belongs, shall keep a substan- tial fence around it in good repair ; and by neglecting so to do, shall forfeit not exceeding one hundred dollars, to be applied as prescribed in the preceding section. lb. § 4. 5. When an individual appropriates a piece of land for a family burying ground containing not more than one fourth of an acre, causes a description of it to be recorded in the regis- try of deeds of the same county, and incloses it with a sub- stantial fence, it shall be exempt from attachment and execu- tion ; and no subsequent conveyance of it shall be valid, while any person is interred therein ; but it shall remain to him and his heirs as a burial place forever. lb. § 7. 6. Whoever willfully destroys or injures any tomb, grave- stone, monument, or other thing placed or designed as a memorial of the dead, or any fence, railing, or other thing placed about or inclosing the burial place of the dead ; or wiUfully injures, removes, or destroys any tree, shrub, or ETC. 231 plant within such inclosure, shall be punished by imprisonment less than one year, or by fine not exceeding five hundred dol- lars, lb. c. 24, §27. 7. If any officer takes the body of any deceased person by writ or execution, he shall be punished by fine not exceeding five hundred dollars, and by imprisonment not more than six months. lb. § 25. 8. Whoever, without the permission of the board of health, municipal officers, or overseers of the poor of any town, therein willfully digs up or removes any human body or its remains from its place of burial, or aids in so doing ; know- ingly receives, conceals, or disposes of the same, or unneces- sarily and indecently exposes, throws away, or abandons any human body or its remains in any public place, river, stream, or elsewhere,- shall be punished by imprisonment not less than one nor more than five years, or by fine not exceeding three thousand dollars ; but any physician, surgeon, or medical stu- dent may have in his possession or use human bodies, or parts thereof lawfully obtained, for anatomical or physiologicfd in- vestigation and instruction. lb. § 26. CHAPTER LXXXIII. UNWHOLESOME PROVISIONS AND DRINKS, AND POISONS. 1. Selling unwholesome provlsiona and | 3. Cities may reflate the sale of dri^B. I meat, &c. 2. Certain poisons, how sold; penalty, | 1. Whoever sells any diseased, corrupted, or unwholesome provision for food or drink, knowing it to be such, without in- forming the buyer ; or fraudulently adulterates, for the purpose of sale, any substance intended for food, or any wine, spirits, or other liquors intended for drink, so as to render them in- jurious to health, shall be punished by imprisonment not more than five years, or by fine not exceeding one thousand dollars ; and whoever knowingly sells or offers for sale as food any veal killed before the calf was four weeks old, without inform- ing the buyer, shall be punished by a fine of not more than twenty dollars, or by imprisonment not more than thirty days. E. S. c. 128, §1. 2. If any druggist or other person sells any arsenic, cor- rosive sublimate, nux vomica, strychnine, or prussio acid, ex- 232 MAINE TOWNSMAN. cept on the prescription of a physician in regular standing in his profession, without labeling each parcel sold with the name of the article, and the word " poison " legibly written or printed thereon, and recording such sale in a book kept for that pur- pose, open to the inspection of all persons, specifying the kind and quantity, when and to whom sold ; or if any person for the purpose of killing wolves, foxes, dogs, or other animals, and not for the destruction of insects or vermin in a building, leaves or deposits any such poisons within two hundred rods of a highway, pasture, field, or other improved land, he shall be punished by a fine not less than twenty, nor more than fifty dollars; or by imprisonment not less than thirty nor more than sixty days. lb. c. 28, § 1. 3. Any city has power to regulate the sale of fresh meat and fish within its limits ; and may ordain and establish localities where such articles may be offered for sale. They may also annex penalties for any violation of such regula- tions. Act Feb. 20, 1862. TITLE VIII- REGULATIONS COWCERNINa PROPERTY. Chapter 84. Pounds and impounding beasts. Chapter 85. Fences and common fields. Chapter 86. Lost goods. Chapter 87. Auctioneers and auctions. Chapter 88. Pawnbrokers and intelligence ofl&ces. Chapter 89. Libraries and charitable societies. Chapter 90. Hawkers and peddlers. Chapter 91. Property exempt from attachment. Chapter 92. Rights of married women. Chapter 93. Rights of mechanics and laborers. Chapter 94. Adoption of children. Chapter 95. Masters, apprentices, and servants. CHAPTER LXXXIV. POUNDS, AND IMPOUNDING BEASTS. Each town to keep a pound. Penalty for beasts going at large. Penalty for ungelded horses and rams going at large. Towns may permit neat beasts to go at large. Persons injured by beasts may sue. Pound keepers to be chosen. Pound keepers to keep book of rec- ords. To restrain beasts impounded. Impounder to furnish certificate. Pound keeper not to deliver beasts till costs are paid. Proceedings if claimant object to amount. 12. Proceedings when beasts are taken tip as estrays. 13. Pound keeper to advertise estrays. 14. Pound keeperto advertise for sale, when. 15. Sale to be postponed, when. 16. Pound keeper to have an appraisal, when. 17. Disposal of proceeds of sale, 18. Owner may redeem before sale. 19. Replevin of beasts impounded. 20. Rescue and punishment thereof. 21. Poundbreach and punishment thereof. 22. Pound keeper's fees. 23. Compensation to impounder. 24. Expense of keeping beasts impounded. 25. Legal decisions. 1. Each town shall constantly keep and maintain in such place as the inhabitants direct, one or more sufficient pounds for the reception of beasts liable by law to be impounded; and 20 * (233) 234 MAINE TOWNSMAN. for six months' neglect to do so, shall forfeit not less than fifty dollars, to be expended by an agent appointed by the court to build or maintain such pound or pounds. E. S. c. 23, § 1. 2. The owner of every horse, horse kind, ass, mule, swine, or neat beast found at large without a keeper in the highways, town ways, or commons of the town, shall forfeit seventy-five cents for each, twenty-five cents for each goat, and ten cents for each sheep so found ; or the beasts may be impounded till such forfeiture, with the charges of impounding and keeping them, and all fees, are paid by the owner or claimant. lb. § 2. 3. If such horse is an ungelded male of one year old or upwards, his owner shall forfeit a further sum of four dollars. If any ram or he-goat is found going at lajge out of the own- er's jnclosure, between the tenth day of August and the twen- tieth day of November, his owner shall forfeit a further sum of five dollars. lb. § 3. 4. But a town may, by vote at its annual meeting, pei-mit cows and any other neat beasts to go at large in the whole or a specified part of the town, at any time during one year from the meeting ; and may pass by-laws to regulate the going at large of cattle and swine therein, consistent with the laws of the state, and enforce them by penalties. lb. § 4. 5. Any person injured in his land by sheep, swine, horses, asses, mules, goats, or neat cattle, in a common or general field, or in a close by itself, may recover his damages by distraining any of the beasts doing it, and proceeding as hereinafter direct- ed, or in an actiop of trespass against the person owning or hav- ing the possession of the beasts at the time of the damage. But if the beasts were lawfully on the adjoining lands, and escaped therefrom in consequence of the neglect of the person suffer- ihg the damage to maintain his part of the partition fence, their owner shall not be' liable. lb. § 5. 6. Each town shall annually choose a pound keeper for each pound therein, who shall be sworn, and before he acts give bond with sureties satisfactory to the municipal officers, • for the faithful discharge of his duties ; and the town shall be responsible for all his illegal doings or defaults, to the party injured. lb. § 6. The form of oath may be as follows : — You, A. B., having been elected pound keeper in the town of , do swear, that you will faithfully discharge the du- ties assigned to you by law. So help you God'. POUNDS, AND IMPOUNDING BEASTS. 235 7. Each pound keeper, in a book to be provided at the ex- pense of the town, shall record at length all the certificates re- ceived from, persons committing beasts to the pound, or finding stray beasts, and a single copy of all advertisements by him posted or published ; and shall note therein when a beast was impounded, and when and by whom taken away, and all his proceedings in the impounding and sale, the price for which said beast was sold, the name of the purchaser, and the dispo- sal of the proceeds of sale ; and a copy of said record duly attested by him or his successor shall be evidence for the pur- chaser of his title to said beast, and of the truth of all the facts thus recorded ; and for making such record, and for each copy thereof, tlie pound keeper shall be entitled to twenty-five cents; and said book shall be- delivered to his successor in of- fice, and shall be open to inspection of all persons interested therein. lb. § 7. 8. The pound keeper shall restrain the beasts impounded in the town pound or such other place, after the first day, as is more for their comfort or their safety, and for giving them food and drink ; which shall be furnished by him at the expense of the impounder. Unless payment is made in advance, or sufficient security therefor tendered, he need not receive such beasts into pound. lb. § 8. 9. Before the pound keeper shall receive any beast into pound, the impounder shall furnish him with a certilcate under his hand, briefly describing the beast, the cause of impounding, the amount of damages or forfeiture claimed, and charges of impounding then accrued, of the following purport : (lb. § 9.) To the pound keeper of . The undersigned A. B., of B., herewith commits to pound, [a horse or cow, as the case may be, with a short description of the beast,'] taken up [in the highway or inelosure of said A. B., in B., as the case may be,] and the said A. Bi demands dollars and cents, for [damages or forfeiture, as the case may be,] and the unpaid chai-ges for impounding the same. Witness my hand, A. B., of B., (date) 18 — . 10. The pound keeper shall not be liable to any action for receiving or detaining any beast so committed, till the sums claimed by such certificate, and all other due expenses, costs and fees, are paid to him, except as provided in the next sec- tion, lb. § 10. . 236 MAINE TOWNSMAN. 11. If the claimant of such beast objects to the amount stated as damages, or if no claimant appears, the pound keeper shall within ten days, and not afterwards, issue a warrant un- der his hand to two disinterested persons of said county to the following purport : — P., ss. To E. F. and G. H., two disinterested persons of said county : Greeting. You are hereby appointed to view and estimate, upon oath, according to your best judgment, the damages done to A. B. by the \horse or oxen, as the case may Je,] owned or claimed by [ G. D., or hy owner unknown^ and make due return to me within twenty-four hours, with your doings therein ; first giv- ing the said A. B. reasonable notice of the time when you will view the place where the damages were done. Given under our hands this day of , 18- O. P., Pound Keeper. Return of the appraisers. Pursuant to this warrant, the undersigned, being first sworn to the faithful performance of the trust to which we were appointed, and having given said A. B. reasonable notice as re- quired, do hereby certify that we have viewed, and do estimate said damages at dollars and cents, and no more. B. (date) 18—. /V Tj \ Appraisers. And said persons, being first sworn, shall give reasonable notice to the impounder, and the owner of such beast, if known and resident in the town, of the time appointed for the view, and proceed to estimate damages accordingly ; and make re- turn to the pound keeper of their doings, in writing under their hands. The oath may be administered by said pound keeper, or a justice of the peace, and must be certified on the warrant. lb. § 11. Oath of the appraisers. You solemnly swear that you will faithfully estimate the damages done to A. B., by the horse [or oxen'] of said C. D., according to your best judgment. So help you God. POUNDS, AND IMPOUNDING BEASTS. 237 The form of notice by appraisers may be as follows : — You are hereby notified that the subscribers have been duly appointed appraiser?! to estimate the damages done to A. B., by a horse of C. D., of , and will attend at , on the day of , instant, at nine o'clock in the forenoon, for the purpose of estimating said damage. 12. Whoever takes up, as an estray, in any public way or commons, or in his inclosure or possession, any such beast, shall within ten days, if no owner calls for him, commit him, with a certificate as described in section nine, to the pound keeper of his town, who shall carefully keep him till called for" by the owner, and all due charges paid, or he is disposed of as hereinafter provided; and whoever does not so commit such beast shall lose the expense of his keeping, and forfeit one per cent, on his value for each week, after the .ten days, until he so commits him, or the forfeiture amounts to his value. lb. § 12. 13. When a pound keeper has so received any beast, he shall forthwith post and keep posted for three days at his dwelling house, and in two other public places in his town, advertisements by him signed, stating the name of the impounder or finder, the time and cause of impounding, and a brief description of the beast, and notify the owner to pay lawful damages and charges, and take the beast away ; and shall give the like pub- lic notice by the town crier, if an}' in the town. If the value of the beast exceeds ten dollars, a copy of such advertisement shall be inserted in some newspaper, if any, printed in the county. lb. § 13. 14. When a beast is lawfully impounded as aforesaid, if the forfeiture, dainages, and costs are not paid, or the beast replevied, in ten days after the notice, provided in the preceding section, is given, the pound keeper shall, without any other process, sell the beast at public auction, after having posted up in two public places in his town, at least forty-eight hours before the time of sale, notices of the time, and place, and cause of sale, with a brief description of the beast ; and for posting such notices and making such sale, he shall have the same fees as constables for similar services. lb. § 14. 15. If the pound keeper is informed, or has reason to be- lieve, that the beast impounded has strayed from a drove, or does not belong to an inhabitant of the town, he shall adjourn the sale thirty days, and shall publish notice thereof in such 238 MAINE TOWNSMAN. papers as in his opinion may give information to the owner, and he shall.be allowed a reasonable sum therefor; and the proceeds of such sale shall be disposed of as hereinafter pro- vided, lb. § 15. 16. The pound keeper, before making such sale, shall cause the damages, if any are claimed, to be appraised as in section eleven, within ten days after giving the notice required by section thirteen. lb. § 16. 17. The pound keeper shall retain his lawful charges and fees, and pay to others their lawful dues, and the balance to the treasurer of his county in thirty days. Such treasurer or his successor shall pay it over at any time within six years, on the written request of any person who proves that he was the owner of the property at the time of sale ; and if he re- fuses to do so, the claimant may appeal to the county commis- sioners, whose decision thereon shall be final. If such balance is not claimed in six years, it ghall belong to the county. lb. § 17. 18. The owner of such beast, at any stage of the proceed- ings before sale, may redeem it on payment of all lawful claims thereon up to the time of his demand to redeem. lb. § 18. 19. An action to replevy such beasts shall be brought against the impounder or finder, and not against the pound keeper. If such action is brought after notice of sale and before sale, the sale shall be postponed till it is decided, and no such action can be sustained, unless the writ is served be- fore sale. lb. § 19. 20. Whoever, in order to prevent the impounding of any beast lawfully in possession of another, and taken for the causes herein mentioned, rescues him, or directly or indirectly causes his escape, shall forfeit not less than five nor more than twenty dollars, and be liable to the party injured for the full damages, with charges and costs, which he might receive by impounding the beast. lb. § 20. 21. Whoever breaks a pound, or otherwise directly or indi- rectly delivers a beast from the place of his lawful restraint, shall forfeit to the use of the town not less than ten nor more than fifty dollars ; and be liable to the party injured or im- pounder for double the damage or forfeiture, which he might have received by impounding the beast ; and when such acts are committed by a minor, or an apprentice, legally bound by deed, such action may be brought against the minor or ap- POUNDS, AND IMPOUNDING BEASTS. 239 prentice, or against his parent or guardian, under whose care he then was. lb. § 21. 22. The pound keeper's fees shall be twenty-five cents for impounding one or more beasts at one time ; twelve cents for recording each certificate or advertisement ; and the same for posting or publishing each advertisement, with four cents a mile for necessary travel. lb. § 24. 23. The party impounding shall have a reasonable sum, to be determined by the pound keeper. lb. § 25. 24. The price for keeping and feeding which the pound keeper shall receive, shall be prescribed by the selectmen, and recorded. lb. § 26. 25. Legal Decisions. If one take cattle from the lawful custody of a field driver, this is a rescue, although they are finally impounded. 17 Mass. R. 342. Upon an indictment for pound breach, the illegality of the distress cannot be shown in the defense. 5 Pick. R. 414. If any man finds stray cattle in his field, he is not bound to impound them, but may drive them off into the highway. 18 Pick. 237. Swine unlawfully at large upon the highways cannot be impounded on the Sabbath. 4 N. H. R. 153. A vote of the town to restrain cattle going at large within the limits of the town, is binding on persons not inhabitants, whose cattle are found going at large. A turnpike is a high- way, within the meaning of the statute. 4 Pick. R. 258. The owner of a close is not obliged to fence but against cat- tle lawfully in the adjoining ground ; and if all his fence be insufiicient, yet if cattle do not escape through the insuflicient fence, but are turned in, he may lawfully impound them for doing damage. 4 Mass. R. 471. No action can be maintained by the owner of a field against the owner of cattle rightfully on an adjoining close, and stray- ing therefrom through an insufficient fence upon the field, un- less the fence has been divided, and the owner of such cattle is bound thereby to keep the fence in repair ; nor can the cat- tle be lawfully impounded for that cause. The person taking and impounding cattle without cause, is liable to an actioa therefor. 14 Maine R. 419. It is the duty of a party impounding cattle, to feed and water them as often as is required according to the usage of the country and good husbandry. 13 Pick. R. 384. 240 MAINE TOWNSMAN. A private individual who impounds a beast taken doing damage, in a town pound, is not liable for the injury such beast may receive &om cattle in the same pound. 9 Pick. K. 14. By the Revised Statutes, sheep found doing damage to the land of any person are liable to be impounded by him, as a remedy to recover for such damage. That remedy, however, does. not accrue, if the sheep, being rightly upon the adjoining land, escaped there- from through a defect in that distinct part of the division fence, which the person suffering the damage was bound to maintain. 35 Maine K. 26. CHAPTER LXXXV. FENCES AND COMMON FIELDS.* 12. 13. 14. 15. 16. 17. 18. 19. ai. 21. 22. What are legal fences. To be maintained by ai^oining occu- pants. If either neglect, proceedings of fence viewers. Complainant may recover double. Division of partition fences. Each party bound to build his part. To be kept in repair. Fences may vary from the dividing line. Assignment of parts before fence is built. Occupant ceasing to improve, not to remove bis fence. Liability of owner beginning to im- prove land in common. If fence be on town line, how divided. Division of fences, when binding. Provisions not applicable to house lots. Lots inclosed by a general fence. IVfeetings of proprietors. How notice is to be given. How they may vote. May raise and assess money. Choice of oflRcers. Clerk to issue warrant to collect taxes. Apportionment of the general fence. Proprietors who donot occupy. Apportionment of expenses according to interest. Bepairing fences of delinquents. Delinquent liable. Proceedings if any part be suddenly destroyed. Field drivers. No proprietor to put in stock contrary to regulations. Eemedy if a proprietor be ii^ured by beasts of a stranger. Lines between proprietors to be run once in two years. Association may be discontinued. Waste portions of lots excluded from estimates and assessments. Proceedings on application of three or more to be set off. Proceedings for organizing to inclose a common field. After establishment of a common field, proprietors to proceed as provided in this chapter. Penalty if fence viewers neglect their duty. Fees for services; penalty for neglect of payment. Legal decisions. 1. All fences, four feet high and in good repair, consisting of rails, timber, boards, or stone walls, and brooks, rivers, ponds, creeks, ditches, and hedges, or other things, which in the judgment of the fence-viewers having jurisdiction thereof, are equivalent thereto, shall be accounted legal and suf^cient fences. K. S. c. 22, § 1. - ~ * The Act of March 24, 1863, provides that " in case a town neglect to choose fence-viewers, or having chosen them, the persons so chosen fail to be legally qualified, it shall be lawful whenever the services of such officers shall be re- quired, to apply to the selectmen of the town, to act in the capacity of fence- viewers, whose acts and decisions shall have the same effect a& if chosen fence- viewers by the delinquent town.* FENCES AND COMMON FIELDS. 241 2. The occupants of lands inclosed with fences shall main- tain partition fences between their own and the adjoining in- closures, in equal shares, while both parties continue to improve them. lb. § 2. 3. If any party neglects or refuses to repair or rebuild any such fence, which he ought to maintain, the aggrieved party may complain to two or more fence viewers of the town where the land is situated, who, after due notice to such party, shall proceed to survey it, and if they determine that it is insuflB- cient, they shall signify it in writing to the delinquent occu- pant, and direct him to repair or rebuild it within such time as they shall judge reasonable, not exceeding thirty days. K the fence is not repaired or rebuilt accordingly, the complain- ant may make or repair it. lb. § 3. The form of such complaint may be, in substance, as fol- lows : — To A. B. and C. D., fence viewers of the town of , in the county of . Complains E. F., of said , that G. H., the occupant of a tract of land adjoining that improved by your complainant, has failed to build and repair that part of the fence between our respective adjoining inclosures which of right he ought to maintain, which portion of fence, heretofore divided between us, begins and ends at . Whierefore your com- plainant prays that you would, after notice, proceed to survey the same, and further to do what justice and law require. Dated at , this day of , 18 — . E. F. _ The form of notice to repair, after survey, by the fence viewers, may be as follows : — To G. H., of , in the county of . "Whereas complaint has been made to us, the subscribers, fence viewers of the town of , in said county, on the , by E. F., of said , to survey the fence between the land of E. F. and yourself, situate in said , beginning »t and ending at , which has been heretofore divided between you ; upon which complaint we appointed the day of , at o'clock A. M., at the , as the time and place of hearing, and caused you to be duly notified thereof; and having attended and examined said fence, and heard the parties and their evidence, we determine that the" part of said fence, beginning at and ending at , 21 p 242 MAINE TOWNSMAN. whicli you are bound to keep in repair, is insufficient ; and direct you to cause the same to be put in good repair within thirty days from the date hereof. Given under our hands, this day of , A. D. 18 — . I Fence Viewers of . 4. "When the complainant has completed such fence, and after notice given it has been adjudged sufficient by two or more of the fence viewers, and the value thereof, with the fence viewers' fees, certified under their hands, he may de- mand of the occupant or owner of the land, where the fence was deficient, double the value and fees thus ascertained ; and in case df neglect or refusal to pay the same for one month after demand, he may recover the salne, with interest at the rate of one per cent, a month. lb. § 4. 5. When the occupants or owners of adjacent lands dis- agree respecting their rights in partition fences and their obli- gation to maintain them, on application of either party, two or more fence viewers of the town, where the lands lie, after reasonable notice to each party, may in writing under their hands assign to each his share thereof, and limit the time in which each shall build or repair his part of the fence, not ex- ceeding thirty days. lb. § 5. The form of such notice may be as follows : — To Mr. , of the town of . Whereas has made application to us, fence viewers of the town of , stating that a disagreement has arisen between him and you respecting your rights in and your obligations to maintain a partition fence between your land' and the land of said ; we therefore notify you that we shall be at , on the day of , at o'clock, to assign to each party his share of said fence, at which time and place you will at- tend. Dated at , 185 — . > -r, tr- ' )■ Fence Viewers. The form of such assignment may be as follows : — WTiereas a disagreement has arisen between A. B., of , and C. D., of , respecting their rights in a partition fence and obligations to maintain the same ; and whereas we, the subscribers, fence viewers of the town of , upon applica- tion to us by said , have given reasoilable notice to each FENCES AND COMMON FIELDS. 243 party to attend at the time and place when and where the assignment should be made; wherefore, having viewed the premises, we do hereby assign to each of said parties his share of said fence, to wit : — The said shall , &;c. Given under our hands, this day of , 18 — . y Fence Viewers. 6. If any party refuses or neglects to build and maintain the part thus assigned him, it may be done by the aggrieved party ; and he shall be entitled to the double value and ex- penses ascertained. . lb. § 6. 7. All division fences shall be kept in good repair through- out the year, unless the occupiers of adjacent lands otherwise agree. lb. § 7. 8. When from natural impediments, in the opinion of the fence viewers having jurisdiction of the case, it is impracticable or unreasonably expensive to build a fence on the true line between the adjacent lands, and the occupants disagree re- specting its position, on application of either party as provided in section five, and after notice to both parties, and a view of the premises, they may determine, by a certificate under their hands communicated to each party, on which side of the true line, and at what distance, or whether partly on one side and partly on the other, and at what distances, the fence shall be built and maintained, and in what proportions by each party ; and either party may have the same remedy against the other as if the fence was on the true line. lb. § 8. 9. When adjacent lands have been occupied in common without a partition fence, and either party desires to occupy - his in severalty, or when it is necessary to make a fence run- ning into the water, and the parties liable to build and main- tain it disagree, either party may have the line divided on application to the fence viewers of the town ; who shall pro- ceed as is provided in section five, except that the fence viewers may allow a longer time than thirty days for building the fence, if they think proper, having regard to the season of the year. In other respects the remedy for the aggrieved party shall be the same as there provided. lb. § 9. 10. When one party ceases to improve his land, or lays open his inclosure, he shall not take away any part of his par- tition fence adjoining the next inclosure improved, if the owner or occupant thereof will pay therefor what two or more fence 244 MAINE TOWNSMAN. viewers, on due notice to both parties, determine to be itg reasonable value. lb. § 10. The form of an appraisement of the value of such partition fence may be as follows : — We, the subscribers, fence viewers of the town of , at the request of , to appraise his part of a partition fence, on land adjoining the inclosure of , which he has ceased to improve, have given due notice to both parties, and do de- termine the reasonable value thereof to be . Dated the day of , 185 — . •» y Fence Viewers. 11. When any land, which has been uninclosed, is after- wards inclosed, or used for pasturing, its occupant or owner shall pay for one half of each partition fence on the line be- tween his land and the inclosure of any other occupant or owner, and its value shall be ascertained in writing, if the parties do not agree, by two or more of the fence viewers of the town where such fence stands ; and after the value is so ascertained, on notice to such occupant or owner, if he neglects or refuses for thirty days, after demand, to pay it, the pro- prietor of the fence may have an action for such value and the costs of ascertaining it. lb. § 11. 12. If the line on which a partition fence is to be made or to be divided, is the boundary between two or more towns, or partly in one town, and partly in another, a fence viewer shall be taken from each town. lb. § 12. 13. When a fence between the owners of improved lands is divided either by fence viewers, or by the written agree- ment of the parties recorded in the town clerk's office where the land lies, the owners shall erect and support it accord- ingly ; but if any person lays his lands common, and deter- mines not to improve any part of them adjoining such fence, and gives six months' notice to all occupants of adjoining lands, he shall not be required to maintain such fence while his lands so lie common and unimproved. lb. § 13. 14. Nothing herein extends to house lots, the contents of which do not exceed half an acre ; but if the owner of such lot improves it, the owner of the adjacent land shall make and maintain one half of the fence between them, whether he improves it or not ; nor shall the provisions of this chapter make void any written agreement respecting public fences. lb. § 14. FENCES AND COMJION FIELD3. 245 15. When several lots or pieces of land are inclosed and fenced in one common field, or when all the proprietors of such lands agree to inclose them in that manner, said proprie- tors may hold regular meetings when they judge proper, make such rules for managing their common concerns, and adopt such equitable modes of improvement as their common inter- est requires ; but in all other respects each proprietor may, at his own expense, inclose, manage, and improve his own land a3 he thinks best, maintaining his proportion of fence inclosing the general field. 4b. § 15. 16. Upon the application of any two or more proprietors to any justice of the peace for the county where such land lies, he shall issue his warrant to one of the applicants, or to the clerk of the proprietors, requiring him to call a meeting of the proprietors, and expressing in the warrant the time, place, and purpose thereof. lb. § 16. 17. Notice of the meeting shall be served at least fourteen days previous to the time appointed, when all the proprietors reside in the town where the land lies, by reading the warrant to each proprietor, or giving him a copy in hand, or by leaving it at his usual place of abode, if the proprietors have not been previously organized for the aforesaid purpose, or if no other mode of notice has been fixed by their standing rules ; and in such case if one or more of the proprietors reside without the town or plantation, notice shall be given to them by publishing a copy of said warrant in some newspaper, printed in the county, or in the state paper, three weeks successively, the last publication to be at least fourteen days before the time ap- pointed. When the standing rules of the proprietors determine the mode of serving notices for their meetings, it may be ob- served in the service of said warrant, at the election of the party serving it. lb. § 17. 18. At all meetings of the proprietors, each may vote according to the relative amount or value of his interest, if known ; if not, they shall all vote equally, and absent propri- etors may vote by written proxy. lb. § 18. 19. They may raise money from time to time for defraying their common charges and for managing their aifairs, which shall be assessed upon the several proprietors, in proportion to their interests, by their assessors ; and any person aggrieved by such assessment may apply to the county commissioners, who may abate his part of it in whole or in part, if they see cause, lb. § 19. 20. They may, at their annyal or other meeting, duly noti- 21* 246 MAINE TOWNSMAN. fied, choose a clerk, three or five assessors, a collector, and such other officers as they shall find necessary, to continue in office until removed by them, or others are chosen and qualified in their stead. The clerk and assessors shall be sworn. lb. § 20. 21. Such clerk shall issue his warrant to the collector re- quiring him to collect all money so assessed, and to pay it over to the clerk or other proper officer, according to the orders of the proprietors ; and the collector shall collect it as collectors . of towns are authorized to collect town taxes. lb. § 21. 22. The whole fence inclosing such general field, as far as convenient, shall be apportioned amongst the proprietors ac- cording to the number of acres held and cultivated or otherwise used by each ; and the part to be maintained by each shall be set out and assigned to him by any two or more fence viewers of the town, unless they agree on an apportionment of the fence among themselves. The proportion of fence so assigned to each shall be recorded by the clerk in the books of the proprie- tors ; and if there is no such clerk, by the clerk of the town on the. town records. lb. § 22. 23. If any proprietor of land in such general field declines to cultivate his land, or to use it for pasturing, and gives writ- ten notice of his intention to the clerk of the proprietors, he shall not be required to maintain any part of the fence, nor to pay any tax or assessment on account of his land while he neglects to cultivate or use it as aforesaid. lb. § 23. 24. The expense of apportioning the fence, and of making and maintaining such part thereof as cannot conveniently and justly be assigned to any one proprietor, shall be borne by all the proprietors, to be taxed in proportion to their interests ; and the part assigned to each shall be made and maintained by him while he uses his part of the general field for pasturing, planting, mowing, or otherwise, lb. § 24. 25. If any part of the fence assigned to a proprietor be- come deficient, and he does not repair it within three days after notice of such deficiency given to him or his tenant by a fence viewer of the town, it may be repaired by any other pro- prietor; and such repairs may be examined by any two or more fence viewers, and if adjudged by them, after notice, to be sufficient, they shall ascertain their cost, and make a statement thereof, and of the amount of their fees, in writing under their hands. lb. § 25. 26. The person making such repairs may demand of the deficient proprietor, or of his tenant, double the costs of such repairs ^.nd the f^es t}ii)s ascertained ; and if they are not paid FENCES AND COMMON FIELDS. 247 within one montli after notice and demand thereof, he may re- cover them in an action on the case. lb. § 26. 27. If part of the fence is suddenly blown down, or carried away by a flood or tempest, when the crops in the field are thereby exposed to immediate destruction or injury, the pro- prietor to whom it was assigned shall repair it within twenty- four hours after notice thereof given him by a fence viewer. If he fails so to do, it may be repaired by, any other proprietor ; and he may recover double the costs thereof; and fees, as pro- vided in the preceding section. The fence viewers may allow a longer time than twenty-four hours, if they think proper, lb. § 27. 28. The proprietors may choose one or more field drivers, who shall have and exercise the same powers with respect to the general fields as are exercised by field drivers chosen by a town. lb. § 28. 29. If a proprietor puts into the general field any horses, cattle, or other beasts, contrary to the regulations of the propri- etors, either by putting in more than the number allotted him, or before the day fixed for that purpose, or by keeping them therein longer than the time limited, he shall be considered a trespasser; and his beasts may be impounded, as taken doing damage, as if he owned no land in the general field. lb. § 29. 30. If any proprietor is injured in his lands by the beasts of a stranger, he shall have the same remedy therefor as if his land had been inclosed and used separately. When dam- age happens to a proprietor through the insufficiency of the fence of a co-proprietor, he or the occupant of his land shall be liable to pay it. lb. § 30. 31. Every proprietor of land lying unfenced in a general field shall, once in every two years, if requested by the owner of the adjoining land, run lines with him between their lots, and establish boundaries by sufiicient mete stones, at their joint expense ; and if he fails so to do, after at least six days' notice, he shall forfeit two dollars. lb. § 31. 32. A major part in interest in any common or general field, at any legal meeting called for the purpose, may discon- tinue their association ; not to take efiect until six months after the vote for that purpose, unless all the proprietors consent to an earlier period. lb. § 32. 33. Portions of common fields inclosed under the provisions hereof, which are unoccupied and unimproved by their owners on account of their being rocky or barren, shall be excluded 248 MAINE TOWNSMAN. in all estimates for assessments under section nineteen, or for apportionments of fence under section twenty-two. lb. § 34. 34. Any three or more proprietors of lots within one gen- eral fence or inclosure, by a petition in writing to the proprie- tors of such field at any meeting thereof, legally warned ^Ibr that purpose, may request to have their lots, either alone or jointly with any other lots in said field, divided from the re- mainder, to be inclosed in one common fence, and occupied by them as an entire field separately from the other proprietors of the general field ; and, if the majority of the proprietors in interest present at such meeting refuse their assent to such division, the county commissioners may, upon the like appli- cation, appoint three or five disinterested and suitable persons within the county where such general field is situated to make such division thereof if they deem it expedient, and to assign to each field its proportion of the partition fence which shall become necessary by reason of such division, to be kept up and maintained by each proprietor of said general field ; and such persons shall, as soon as may be after their appointment, make return of their doings under their hands to such commis- sioners ; and, after the acceptance thereof by them, the fields so divided shall be deemed separate general fields, and the proprietors of the field so set ofi" and the remaining proprietors of the original shall be distinct and separate proprietary bodies, having all the like powers and privileges, and subject to all the duties and liabilities, as the proprietors of the original general field before such division was made ; but no order for such division shall be made, nor any committee appointed as afore- said, until the other proprietors have had notice of the petition for such division, which shall be given by serving the clerk of the proprietors with a copy of the petition thirty days at least before such order or appointment is made. lb. § 35. 35. When the major part in interest of the proprietors of any tract of land consisting of five or more allotments are desirous of inclosing them in one general field, they may apply to the supreme judicial court in the county where such land lies, and, when such land lies in different counties, then to such court to be holden in either ; and the court may order such notice to all parties interested as they may deem reason- able, and, after hearing the parties appeai-ing, may order the land to be so inclosed. lb. § 36. 36. After a common or general field is so established by order of court, the further proceedings in relation thereto shall FENCES AND COMMON FIELDS. 249 be the same as are provided when a field is so inclosed hy the consent of all the proprietors, lb. § 37. 37. Any fence viewer who, when requested, unreasonably neglects to view any fence, or to perform any other duties required of him, shall forfeit three dollars to any person suing therefor within forty days after such neglect. He shall also be liable for all damages to the party injured. lb. § 38. 38. Each fence viewer shall be paid by the person employ- ing him. at the rate of one dollar a day for the time he is so employed. If the party liable neglects to pay the same for thirty days after demand, each of such fence viewers may recover double the amount in an action on the case, and be mutually witnesses for or against each other. lb. § 39. 39. Legal Decisions. In relation to partition fences, the power of the fence viewers extends only to the assignment of the respective por- tions of the dividing line, and to the fixing of the time within which to build the fence. Further orders and adjudications by them, being unauthorised by statute, are of no effect. Thus an order (however equitable under the circumstances) that one of the adjoining owners should build a fence upon a por- tion of the line assigned to the olher, and exonerating the latter from building upon such portion, creates no obligation upon the former, nor relieves the latter from the duty imposed by statute, to build the fence upon that portion of the line. 34 Maine R. 332. The respective occupiers of two closes adjoining are bound each to make and maintain half the partition fence ; but nei- ther party need make or maintain any part of it unless the fence, or the line on which it is to be made, has been divided by a written agreement between the parties, or assigned, pursuant to the statute, or by prescription. 6 Mass. 90. The liability of the owner or occupant of land which has lain uninclosed, on inclosing or depasturing the same, to pay for one half of a partition fence, attaches immediately upon such inclosing or depasturing. 1 Cush. 11. The right of an owner who has erected a partition fence to recover the value of one half thereof against the owner of adjoining land is complete by the commencement of proceed- ings to have the value of such half ascertained by fence viewers, and cannot be defeated by a fale of the land, and a notice by the purchaser that he does not intend to occupy, or 250 MAINE TOWNSMAN. impi'ove, or inclose it, subsequent to the application to the fence viewers, and notice of such application by them to the original owner, though previous to any further proceeding by them. 1 Cush. 11. A partition fence on land that is covered a part of the year with the waters of an artificial mill pond, but is occupied and used as pasture or mowing land during another part of the year, is not a water fence. Lamb v. Hicks, 11 Met. 496. If a part of a division fence be assigned to one to keep in repair, it is his property so far, at least, that the removal of it for lawful purposes cannot make him a trespasser. 11 Mass. 294. CHAPTER LXXXVI. LOST GOODS. 1. Finder of lost goods. 2. Same subject. 3. Warrant to appraise. 4. Appraisal. 6. If the owner appears, what; 6. If no owner appears. 7. If finder neglects his dutj, penalty. 1. The finder of money or goods of the value of three dol- lars or more, if the owner is unknown, within ten days next following, shall give notice thereof in writing to the clerk of the town where they are found, post up a notification thereof in some public place in said town, and cause it to be publicly cried therein on three several days, if there is any public crier in said town. And if the value of said money or goods is ten dollars or more, the same shall be cried, and notice given by posting as aforesaid in two towns adjoining, in addition. R. S. c. 98, § 10. 2. Every finder of lost goods of the value of ten dollars or more, within two months after finding, and before using them to their disadvantage, shall procure a warrant from the town clerk or a justice of the peace, directed to two persons appointed by said clerk or justice, not interested, except as inhabitants of the town, returnable within seven days from the date in said clerk's ofiice, to appraise said goods under oath, lb. §11. 3. The form of warrant to appraise lost goods may be as follows : — LOST GOODS. 251 [•gea].] ss. To A. B. and C. D., of . Greeting. Upon the application of E. F., of , to me, G. H., town clerk of said , you are hereby appointed to appraise, upon oath, at the true value thereof in money, according to your best judgment, [here describe the goods or money,'] found by the said E. F., at ; and to make due return of your do- ings, with this warrant, into the town clerk's office, in said , within seven days from the date hereof. Given under my hand and seal, this day of , A. D. 18 . G. H., Town Clerk. Then the above named A. B. and C. D. made oath that they would faithfully perform the service required by the above warrant. Before me, I. J., Justice of the Peace. 4. The form of the appraisal to be made on the warrant, may be as follows : — The subscribers, appointed appraisers by the within war- rant, have carefully examined the property set forth therein, and do upon oath appraise the value to be dollars and cents, and no more. Dated at , aforesaid, the day of , A. D. 18 — . > Appraisers. 5. If the owner of such lost money or goods appears within one year after said notice to the clerk, and gives reasonable evi- dence of his ownership to the finder, he shall have restitution of them or their value, paying all necessary charges and rea- sonable compensation to the finder, to be adjudged by a justice of the peace of the county, if the owner and finder cannot agree. R. S. c. 98, § 12. 6. If no owner appears within one year, such money or lost goods shall belong to the finder, by paying one half their value to the treasurer of said town, after deducting all neces- sary charges. lb. § 13. 7. If the finder of lost money or goods, of the value of three dollars or more, neglects to give notice to the town clerk and cause them to be cried and advertised as herein pro- vided, he shall forfeit the full value thereof, one half to the use of the town, and the other half to him who sues therefor, and be liable to the owner for the lost money or goods. lb. § 14. 252 MAINE TOWNSMAN. CHAPTER LXXXVII, AUCTIONS AND AUCTIONEEKS. 1. Municipal oflBcers to license auctioneers. 2. Appeal to couuty commlssiODers. 5. Auctioneers to keep account, and paj* to town a per ceuti on goods of uon>rea- idents. 4. Penalty for allowing any one not a legal voter to sell. 6. Penalty for receiving goods of minors or servants, and for selling his own before sunrise and after sunset. 6. Beal estate lying in two towns, how sold. 7. Penalty for permitting person to sell goods, contrary to law, in any build- ing. 8. Exceptions as to sales by o£Qcers. 1. The municipal officers of any town may license any suitable inhabitants of their county, by writing, to be auction- eers for one year in such town, and in any other town in said county, where there is no licensed auctioneer; and shall record every such license in a book kept by them for that purpose. R. S. c. 34, § 1.* 2. If such officers, after written application to them for a license, unreasonably refuse or neglect to grant it, the appli- cant, by giving them ten days' notice and a bond to pay all costs arising thereafter, may appeal to the county commission- ers, who, after a hearing of the parties, may grant the license if they judge it reasonable. lb. § 2. 3. Every person licensed shall keep a fair and particular acconnt of all goods and chattels by him sold, stating of whom received and to whom sold ; and if said goods are sold voluntarily for the benefit of parties residing out of the State, he shall deduct two and a half per cent, from the gross amount of the sales for the use of the town where the sale is made, and pay the same to the treasurer thereof within ten days after the sale ; and in default thereof, he shall be liable to a fine of not less than fifty, nor more than three hundred dollars, and forfeit his license. lb. § 3. 4. No auctioneer shall allow any person not a legal voter in this state, to act for or under him in any sales by public auction, under penalty of fifty dollars for each ofience ; and any person so acting shall be subject to the same penalty. lb. § 4, as amended by Act March 20, 1860. 5. If any auctioneer receives any goods for sale at public auction, of any servant or minor, knowing him to be such, *Any licensed auctioneer may sell at auction in any place in the State, where there is no resident auctioneer , but this does not authorize hawkers and pedlers to sell St auction. Act March 24, 1863. PAWNBROKERS AND INTELLIGENCE OFFICES. 253 or sells any of his own goods, before sunrise or after sunset, at public auction, he shall forfeit a sum not less than fifty nor more than one hundred and seventy dollars for each offense, lb. §5. 6. A parcel of real estate lying partly in one town and partly irf another, may be sold by an auctioneer of either ; but if any auctioneer sells or offers to sell any real or personal property at public auction in any other towns than those au- thorized by his license, or if any person sells without a license, he shall forfeit not exceeding six hundred dollars. lb. § 6. 7. If the tenant or occupant of any building, having ac- tual possession and control thereof, knowingly permits any person to seE any goods or chattels at public auction contrary to the provisions of this chapter, in such building, or in any apartment or yard appurtenant thereto, he shall forfeit not more than six hundred, nor less than one hundred dollars. lb. § 7. 8. Nothing in the preceding sections shall extend to sales made by sheriffs, deputy sheriffs, coroners, constables, or col- lectors of taxes, executors or administrators, or any other per- son authorized to sell goods, chattels, or lands, by order of any court or judge of probate. lb. § 8. CHAPTEE LXXXVIII. PAWNBBOKEES AND INTELLIGENCE OFSICES. 1. License of pawnbrokers. 2. To keep account of all business done. 3. Rate of interest. 4. Time and mode of selling pawned prop- erty. 6. Penalty for not paying over ptoceeds of sale. 6. Intelligence ofSces. 1. The municipal officers of any town may grant licenses to persons of good moral character to be pawnbrokers therein for one year, unless sooner removed by said officers for a vio- lation of law regulating their business ; and any person carry- ing on said business without a license, shall be liable to a penalty not exceeding one hundred dollars. E. S. c, 35,: § 1. 2. Every pawnbroker shall keep a book, in which he shall enter the date, duration, amount, and rate of interest, of every loan made by him; an accurate account and description of Am 254 MAINE TOWNSMAN. the property pawned, and the name and residence of the pawner, and, at the same time, deliver to said pawner a writ- ten memorandum signed by him, containing the substance of the above entry, and, at all reasonable times, submit said book to the inspection of any of the officers aforesaid; and for every violation of this section he shall forfeit twenty dol- lars, lb. § 2. 3. No pawnbroker shall directly or indirectly receive any rate of interest greater than twenty-five per cent, a year on a loan not exceeding twenty-five dollars, nor than six per cent, on a larger loan made upon property pawned, under a penalty of one hundred dollars for each offense, lb. § 3. 4. No pawnbroker shall sell any property pawned until it Las remained in his possession three months after the expira- tion of the time for which it was pawned ; and all such sales shall be at public, auction by a licensed auctioneer, and after notice of the time and place of sale, the name of the auction- eer, and a description of the property to be sold, are published in a newspaper in the town where the property is pawned, if any, and if not, posted in two public places therein at least two weeks before the sale ; and all sales of such property otherwise made shall be wholly void, and the pawnbroker, un- dertaking to make the same, shall forfeit twenty dollars for every such offense. lb. § 4. 5. After deducting from the proceeds of any sale as afore- said the amount of the loan, the interest then due, and the " proportional part of the expenses of sale, such pawnbroker shall pay the balance to the person entitled to redeem such property if no sale had been made ; and if not so paid on demand, he shall forfeit double the amount so retained, one half to the use of the pawner and the other to the use of the state. lb. § 5. 6. The municipal oiHcers of any town may, upon payment of one dollar each, grant licenses to suitable persons for one year, unless sooner revoked after notice and for cause, to keep offices for the purpose of obtaining employment for domestics, servants, or other laborers, except seamen, or of giving inf*- mation relating thereto, or of doing the usual business of intelligence offices ; and no person shall keep such an office, without a license, under a penalty not exceeding fifty dollars for every day it is so kept. lb. § 6. LIBEABIES AND CHARITABLE SOCIETIES. 255 CHAPTEE LXXXIX. LIBRARIES, AND CHARITABLE AND BENETOLENT SOCIETIES. 1. Call of the first meeting. 2. Notice of the meeting, how given. 3. Manner of organizing. 4. What estate it may hold. 5. Corporations for charitable and benevo- lent purposes not to sue their mem- bers. 6. Dud^a of^easurer and clerk thereof. 7. Ton^s me^ establish public libraries. 8. May raise money therefor. 9. May receive aud manage donations. 1. When seven or more persons desire to be incorporated as the proprietors of a social, military, literary, scientific, or a county law library ; as a masonic lodge, or chapter of any order or degree ; as a lodge of the independent order of odd fellows ; as a division of the sons of temperance ; as a tent of Eechabites ; or as a society to promote in any way the cause of temperance ; or for any literary, scientific, musical, charita- ble, or benevolent purpose whatsoever, they may apply in writing to any justice of the peace in the county, and he may issue his warrant, directed to one of said applicants, requiring him to call a meeting of the applicants at such time and place as the justice appoints. R. S. c. 55, § 1. 2. He may call it by reading the warrant in the presence and hearing of each, or by leaving an attested copy thereof at his last and usual place of abode, at least fourteen days before the day of meeting, or by publishing an attested copy thereof in some newspaper printed in said county, two weeks succes- sively, the first publication to be at least fourteen days before the day of meeting. lb. § 2. 3. When assembled pursuant to the warrant, they may organize themselves into a corporation, with such name as they then adopt, and they, their associates and successors, may have continual succession ; have a common seal ; elect all necessary officers ; adopt by-laws, not inconsistent with the laws of the state, and enforce the same by suitable penalties ; have the same rights and be under the same liabilities as other corpora- tions, in prosecuting and defending suits at law ; and have and enjoy all other rights, privileges, and immunities of a legal corporation. lb. § 3. • 4. Such corporation may take and hold by purchase, gift, 256 MAINE TOWNSMAN. devise, or bequest, personal or real estate, in all not exceeding in value five thousand dollars owned at any one time, and use and dispose thereof only for the purposes for which the corpo- ration was organized. lb. § 4. 5. . No corporation organized for charitable or benevolent purposes, shall sue any of its members for dues or contributions of any kind, or be sued by any member for any benefit or sum due him, but all such rights and benefits, dues and liabilities, shall be regulated and enforced only in accordance with its by-laws. lb. § 5. 6. The treasurer of each library association, under the direc- tion of the trustees, shall apply all moneys received of the county treasurer, all bequests and donations, to form a law library under the appointed regulations ; and the clerk shall keep an exact record of all their proceedings. lb. § 7. The treasurer shall keep an exact account of all moneys, donations, and bequests, belonging to the corporation, and annually settle the same on oath, in the manner prescribed ; and the treasurer, librarian, and clerk, shall be answerable for all misfeasance in an action by the corporation. The treasurer shall annually, in January, and before the second Wednesday, deposit in the office of the state treasurer a statement of the funds received the year preceding by the corporation. lb. § 8. 7. Any town is authorized to establish and maintain a public library therein, for the use of the inhabitants, and provide suitable rooms therefor, under such regulations for its govern- ment as the inhabitants from time to time prescribe, fi). § 9. 8. Such town may appropriate for the foundation and com- mencement of such library, a sura not exceeding one dollar, and for its maintenance and increase annually a sura not exceed- ing twenty-five cents for each of its ratable polls in the year next preceding that in which such appropriation is made. lb. § 1 0. 9. Any town may receive in its corporate capacity, and hold and manage, any devise, bequest, or donation, for the establishment, increase, or maintenance of a public library therein. lb. §11. HAWKEKS AND PEDDLERS. 267 CHAPTER XC, HAWKERS AND PEDDLEES. 1. Penalty for peddling without license. 2. Persons to be licensed by county com- missioners. 3. Person licensei^shall exhibit his li- cense. 4. Name and words painted on carriage. 1. No person, unless licensed, shall travel from town to town, or place to place in any town in this state, on foot or by any kind of land or water, public or private conveyance what- ever, carrying for sale or offering for sale any goods, wares, or merchandise whatever, whole or by samples, under a penalty of not less than fifty nor more than two hundred dollars, and the forfeiture of all property thus unlawfully carried. R. S. c. 44, § 1. 2. The county commissioners in their counties may license, for the purposes aforesaid, any person applying who proves to their satisfaction that he sustains a good moral character, has been five years a citizen of the United States and of this state, and has resided the year preceding in some town in the county where the application is made ; and such licenses shall expire in one year from their date, shall not be transferred or assigned without the consent of the board granting the same, and the applicants shall pay therefor to the county they are to travel in, if on foot or in any boat or other water craft, ten dollars ; with a carriage drawn by one animal, fifteen dollars, and di-awn by two animals, twenty dollars '; and shall present to the com- missioners, with their application, a certificate of good moral character from the municipal oflScers of the town where they reside, which shall be attached to their license. lb. § 2. 3. Every person shall exhibit his license at aU times when required by any justice of the peace, or any constable or other peace officer, and a refusal to do so shall be deemed evidence of not having any ; and if afterwards prosecuted, the production of his license at the trial shall not avail him in defence, but he shall be dealt with as unlicensed ; and the carriages, goods, wares, and merchandise of any person thus refusing may be seized by a warrant from any justice of the peace, and detained 22* Q 258 MAINE TOWNSMAN. until the payment of any fine to which said person is liable, lb. § 4. 4. Every person licensed shall have painted in some con- spicuous place on every cai'riage employed by him, in letters at least one inch wide, his name and the words " Licensed by C. C." lb. § 5. CHAPTER XCI. PROPEKTT EXEMPTED FROM ATTACHMENT AND EXECUTION. 1. Personal property exempt. 2. Homestead exempt. 3. Proceedings to exempt homestead. 4. Bights of the widow. 6. Mechanics liens not affected. 6. When " com and grain " not exempt. 7. Certificate of exemption of homestead, wh^re recorded. X. The following goods and property shall be exempted from attachment and execution : (E. S. c. 81, § 36.) First. The debtor's wearing apparel, beds, bedsteads, bed- ding, and household utensils necessary for himself, his wife, and children ; but the beds and bedding so exempted shall not exceed one bed, bedstead, and necessary bedding for every two persons, nor the other household furniture the value of fifty dollars. Second. The tools of any debtor necessary for his trade or occupation, and all family portraits. [See Act March 29, 1858.] Third. All Bibles and school books in actual use in the family, and one copy of the statutes of the state, and a library not exceeding one hundred and fifty dollars in value. Fourth. All iron stoves used exclusively for warming buildings ; one sewing machine, not exceeding fifty dollars. [See Act Feb. 22, 1861.] Fifth. One cow, and one heifer under three years old ; two swine, one of which shall weigh not more than one hundred pound's ; and when he owns a cow, and a heifer more than three years old, or two swine, each weighing more than one hundred pounds, he may elect the cow or the heifer, or which of the swine shall be so exempted ; ten sheep and the wool from them; thirty hundred of the hay for the use of the cow, two tuns for the use of the sheep, and a sufficient quantity for the use of the heifer. PROPERTY EXEMPTED FROM ATTACHMENT, ETC. 259 SixtL All produce of fanns until harvested ; and corn and grain necessary and sufficient for the sustenance of the debtor and his family, not exceeding thirty bushels. Seventh. All his interest in one pew in any meeting house where he and his family statedly worship. Eighth. All potatoes raised or purchased for the consump- tion of himself and family ; one barrel of flour ; ten dollars worth of lumber, wood, or bark. Ninth. All the firewood conveyed to his house for the use of himself and family, not exceeding twelve cords. Tenth. One boat not exceeding two tuns burden, usually employed in iishing business, belonging wholly to an inhabitant of this state. Eleventh. One plow of the value of ten dollars ; one cart of the value of twenty-five dollars ; one harrow of the value . of five dollars ; one yoke- with bows, ring, and staple, all of the value of three dollars ; two chains, each of the value of three dollars ; one ox sled of the value of ten dollars ; one cooking stove of the value of thirty-five dollars ; and all anthracite coal not exceeding five tun^; and bituminous coal not exceeding fifby bushels ; and charcoal conveyed to his house to be consumed in his family. Twelfth. One pair of working cattle, or instead thereof one or two hoi'ses not exceeding in value one hundred and fifty dollars, and a sufficient quantity of hay to keep them through the winter season. If he has more than one pair of work- ing cattle, or if the two horses exceed in value one hundred and fifty dollars, he may elect which pair of cattle or which of the horses shall be exempted.* [As amended by Act Feb. 4, I860.] 2. A lot of land and the improvements made thereon, pur- chased of the state under the provisions of chapter five, shall be exempted from attachment in the manner therein provided ; land appropriated as a burying ground, as described in section eight of chapter fifteen ; also a lot of land, and dwelling house and outbuildings thereon, or so much thereof as does not exceed five hundred dollars in value, the property of a householder in actual possession thereof not the owner of a lot purchased of the state as aforesaid, shall be exempted from attachment or levy of any execution, as is hereinafter provided. lb. § 37. *By Act of March 22, 1859, one harness for each horse as ahore, is also exempted, not exceeding twelve dollars in value, and one horae-sled, not exceeding fifteeii dollars in value, if the debtor does not at the same time own an oz-aled, in wUch case he raajr elect wbich sled shall be exempted. 260 MAINE TOWNSMAN. 3. Any such persoQ wishing to avail himself of the foregoing provision may file, in the registry of deeds of the county or district in which the land Ues, a certificate signed by him, declaring such wish, and describing the land and buildings ; and the register, for the fees for recording deeds, shall record it in a book by him kept for that purpose ; and so much of such property as does not exceed the value aforesaid shall be forever exempt from attachment or levy on any execution issued on a judgment recovered for any debt, contracted jointly or severally by such persou after the date of the recording thereof. lb. § 38. 4. After his death, the exempted premises shall not be sold for the payment of his debts during the widowhood of his widow, or the minority of any of his children, but may be oc- cupied by his widow during her widowhood, and by his children during minority, free from any claim by any creditor of his estate. lb. § 40. 5. No exemptions under the four preceding sections shall apply to or defeat the liens of mechanics or other persons. lb. § 41. 6. The " corn and grain " must be 'necessary. If a debtor is unmarried, or has no family dependent on him for support, these articles are not " necessary," and therefore not exempt, 41 Maine, 78. 7. To secure the exemption of a homestead, the certificate should be filed in the county where the land is situated; 39 Maine R. 484. CHAPTER XCII. EIGHTS OP MARKIflD WOMEN. 1. A married woman may acquire and dis- pose of property. 2. Marrielge does not vary her rightfi. 3. Slie may sue and be sued. i. Her husband not liable for her debts before marriage, fi. Wife dying intestate, her estate descends to her heirs. 6. Husband and wife may malce marriage settlement. 7. Wife may make contracts Tinder au- thority from court, when. 8. Her contracts, so made, binding. 0. Damages awarded for real estate of wife invested for her use. 10. Wife coming from another state with- out her husband, powers. 11. Legal 'decisions. 1. A married woman, of any age, may own, m her own right, real and personal estate acquired by descent, gift, or purchase ; and may manage, sell, convey, and devise the same by will, without the joinder or assent of her BIGHTS OF MARKIED WOMEN. 261 husband ; but real estate directly or indirectly conveyed to her by her husband, or paid for by him, or given or devised to her by his relatives, cannot be conveyed by her without the join- der of her husband in such conveyance, excepting, how- ever, real estate conveyed as security to the wife for any bona fide due her from her husband, or for the pay- ment of money actually loaned by the wife to the husband. R. 8. o. 61, § 1, as amended by Act March 25, 1863. 2. A woman, having property, is not deprived of any part of it by her marriage, since the act approved March twenty- two, eighteen hundred and forty-four, was in force ; and a hus- band, by marriage since that time, acquires no right to any property of his wife. His rights acquired before that time are not affected by the provisions of this chapter. A married wo- man may release to her husband the right to control her prop- erty, or any part of it, and to dispose of the income thereof for their mutual- benefit, and may in writing revoke the same, lb. § 2. 3. She may prosecute and defend suits at law or in equity for the preservation and protection of her property, as if un- married, or may do it jointly with her husband ; neither of them can be arrested on such writ or execution ; nor can he alone maintahi an action respecting his wife's property. She may receive the wages of her personal labor, not performed for her own family, maintain an action therefor in her own name, and hold them in her own right against him or any other person. lb. § 3. 4 A husband, married since April twenty-six, eighteen hundred and fifty-two, is not liable for any debts of his wife, contracted before her mariage. The wife continues to be liable for such debts, and a suit may be maintained against her and her husband to obtain payment from her estate, and it may be defended by them or by her alone. Her property is liable to be taken to satisfy any execution against her, as if unmarried, lb. § 4. 5. When a married woman dies intestate, her property de- scends to her heirs ; and administration and distribution may take place, as if she had not been married. lb. § 5. 6. Husband and wife, by a marriage settlement executed in the presence of two witnesses before marriage, may deter- mine what rights each shall have in the other's estate during the marriage, and after its dissolution by death; and may bar each other of all rights in their respective estates not so secured to them. lb. § 6. 262 , MAINE TOWNSMAN. 7. When a husband abandons his wife and leaves the state, without making sufficient provision for her maintenance, or is confined in tlie state prison in execution of a sentence, the su- preme judicial court, on her application, may authorize his wife, during such absence or confinement, to make contracts under seal or otherwise, and any person holding personal prop- erty to which he is entitled in her right, to pay or deliver the same to her, for her disposal, and for which she may make a valid discharge. Such application may be presented in any county, and notice thereof given, as in case of a libel for divorce, before such powers are granted. lb. § 7. 8. All contracts, lawfully made by her by virtue of such power, are binding upon her and her husband, and during such absence or confinement, she may sue and be sued thereon, and for all acts done by her ; and execution may be enforced against her, as if unmarried. No such suit is abated by the return or release of the husband, but he may, on application, be admitted to prosecute or defend jointly with her. lb. § 8. 9. When the real estate of a married woman is taken or damaged for public use, the amount awarded therefor is to be so invested as to secure to her the same benefits as she would have had from the estate. lb. § 9. 10. When a married woman comes from any other state or country, and remains in this state, without living with her husband, she may make contracts, dispose of property, sue and be sued, as if unmarried. When her husband comes and claims his marital rights, her contracts and suits shall be aflfected the same as if they were then first married. lb. § 10. 11. The property in a negotiable note may pass from the husband to the wife during marriage, by his indorsement and delivery of it to her. 34 Maine R. 540. For articles furnished and delivered to a married woman residing with her husband, necessary and proper for her, though charged to her on account, the husband is liable. 35 Maine E. 332. When a married woman becomes the owner of property by purchase, she must make the purchase from her own property, or that of others by their consent, for her use. 37 Maine R. 394. The earnings of a married woman are the property of her husband. So property purchased with her own earnings be- longs to her husband. lb. Upon the same subject, see 39 Maine R., pages 119, 125, 298. RIGHTS OF MECHANICS AND LABOHEES. 263 CHAPTER XCIII. RIGHTS OF MECHANICS AND LABORERS. 1. Lien on a Teasel. 2. Liens on lime and lime rock. 3. Liens on buildings and lots. 4. When owner dies before suit. d. Lien on buildings placed on leased land, 6. Liens on logs and lumber for personal labor. 7. Boomage to be paid by attaching officer. 8. Attachments for liens to have prece. dence. for rent. J 9* Legal decisions. 1. A person who furnishes labor or materials for a vessel building, shall have a lien on such vessel therefor, which may be enforced by an attachment of the vessel within four days after she is launched ; and a person who does so after she is launched, or for repair of a vessel, shall have a lien on her therefor, which may be enforced by attachment within four days after the work has been completed. R. S. c. 91, § 6. 2. Any person who digs, hauls, or furnishes rock for the manufacture of lime shall have a lien thereon for his personal services, and for the rock so furnished, to take precedence of all other claims, and to continue for thirty days after such rock is manufactured into lime, or until such lime is sold or shipped on board the vessel, and to be enforced by attachment within the time aforesaid, which shall have precedence of all attachments and incumbrances made after said lien attached, and not made to enforce a similar lien ; and such suit may be maintained though the employer or debtor is dead, and his estate represented insolvent ; and in that case his executor or administrator may be summoned in to answer thereto. Any person may discharge such lien by a tender of the sum justly due. lb. § 15. 3. A person who performs or furnishes labor or materials for erecting, altering, or repairing a house, building, or appur- tenances, by virtue of a contract with the owner thereof, shall have a lien thereon, and on the lot of land on which it stands, or on any interest such owner has in the land, or on the equity of redemption if under mortgage, to secure payment thereofj' which shall continue ninety days after payment becomes due, and be enforced by attachment;* and, if a levy is made thereon, the appraisers may set out to the creditor a suitable lot for * It is, however, provided that such lien shall not continue more than ninety days after such labor is performed or materials furnished^ unless an attach- ment is made or a memorandum of the contract recorded m the manner pro- vided by law for recording mortgages of personal property, within that tune< Aet March 29, 1858. 264 MAINE TOWNSMAN, such building if they think the whole not needed therefor. lb. § 16. See Act of March 19, 1862, 4. When the owner dies within the ninety days, and before commencement of a suit, it may be commenced within sixty days after notice given of the appointment of an executor or administrator, and the lien shall be extended accordingly, lb. §17. 5. When a lease of land, with a rent payable, is made for the purpose of erecting a mill or other buildings thereon, such buildings and all the interest of the lessee shall be subject to a lien, and liable to be attached for the rent due. lb. § 18. 6. A person who labors at cutting, hauling, or driving logs or lumber shall have a lien thereon for the amount due for his personal services, which shall take precedence of all other claims, except liens reserved to the States of Maine and Mas- sachusetts, to continue for sixty days afler the logs or lumber arrive at the place of destination for sale or manufacture, lb. § 19. 7. The officer making such attachment may pay the boom- age thereon, not exceeding the rate per thousand on the quantity actually attached by him, and return the amount paid on the writ, which shall be included in the damages recovered. The action or lien shall not be defeated by taking a note, unless it was taken in discharge of the amount due and of the lien. Notice of the suit, such as the court orders, shall be given to the owner of the logs or lumber, and he may be admitted to defend it. lb. § 20. 8. Suits to enforce any of the liens before named shall have precedence of all attachments and incumbrances made after the hen attached, and not made to enforce a lien, and may be maintained although the employer or debtor is deceased, and his estate represented insolvent ; and his executor or adminis- trator may be summoned and held to answer to an action brought or pending to enforce the lien. lb. § 21. See Act March 19, 1862. 9. A party who, at the request of the debtor, advances money to pay to a third person his lien claim for services in building a vessel does not thereby acquire a right to enforce the lien in his own name. 36 Maine R. 384. The law gives a lien on a vessel for materials furnished for it, not for it and another. But where materials are furnished for either of two specific vessels, though the contract does not appropriate them to either severally, yet, if the purchaser afterwards appropriates them, they may be considered as fur- nished for that one to which they are thus appropriated. Th« ADOPTION OP CHILDEEN. 265 builder can elect to which he will appropriate them, and, when he has elected, the seller has the benefit or loss of that election, and a lien on the vessel in whose construction they are used. U. S. Circuit Court (Judge Curtis) for Maine, 1855. The lien attaches to the vessel itself, without regard to the question of ownership, and follows her through all changes of title, whether by act of the owners or operation of law. lb. In this case, it is decided that sub-contractors, as well as original contractors, have a lien on the vessel to the construc- tion of which they have contributed material or labor ; in other words, that the statute of this state gives the lien to all who have done work for or on account of the vessel. It does not make the lien dependent upon a contract with any partic- ular person, nor does it raise any question to what person credit was given. It assumes that credit may be given to the vessel ; the act of doing the work for or on account of the vessel, ipso Jure creates the lien. lb. The plan of a house, the model of a ship,, or the mold by which a ^hip's timbers are formed, are not within the statutes by which liens on the buildings or vessels are given. 41 Maine E. 397. If a person furnishes materials for a vessel on time which has not elapsed when the four days after the vessel is launched have expired, no lien can be, secured. 40 Maine R. 291. CHAPTER XCIV. ADOPHON OP CHILDEEN. 1. Who ma; adopt. I 4. Legal effect of adoption. 2. Form of petition 6. Appeal.from decree of probate. 3. Proceedings in probate court. | 1. Any inhabitant of this state not married, or any husband and wife jointly, may petition the judge of probate for their county for leave to adopt a child not theirs by birth, and for . a change of his name ; but a written consent must be given to such adoption by the child, if of the age of fourteen years, and^by e^ch of his living parents who is not hopelessly insane or intemperate; if there are no such parents, then by the legal guardian ; if there is no such guardian, then by the next of kin in this state ; if there is no such kin, then by a discreet 23 266 MAINE TOWNSMAN. and suitable person appointed by said judge to act in the pro- ceedings as the next friend of such child. U. S. c. 59, § 27. 2. The form of petition may be in substance as follows, with such variations as the different cases may require : — To the Hon. Judge of Probate, for the county of Cumber- land : — Respectfully represents the undersigned, A. B., and C. B., wife of said A. B., of , in the county of , that they are desirous of adopting as their own, under the Eevised Statutes, E. F., a minor imder the age of fourteen years, and son of G. H., widow ; that your petitioners feel that they are of sufficient ability to briug up said child, and furnish him with suitable nurture and education ; and that they will ever love, cherish, and care for him as their own. Wherefore they pray your honor to make a decree that said child shall be deemed and taken, to all legal intents and purposes, to be the child of your petitioners. ) A. B. J C. B. The undersigned, the mother of said child, hereby gives her consent to the adoption of the same, as above prayed for. G. H. 3. If the judge is satisfied of the identity and relations of the parties \ of the ability of the petitioners to bring up and educate the child properly, having reference to the degree and condition of his parents, and of the fitness and propriety of such adoption, he shall make a decree, setting forth the facts, and declaring that from that date such child, to all legal in- tents and purposes, is the child of the petitioners, and that his name is thereby changed, without requiring public notice thereof. R. S. c. 59, § 28. 4. By such decree the natural parents shall be divested of all legal rights in respect to such child, and he shall be free from all legal obligations of obedience and maintenance in vc spect to them ; and shall be, for the custody of the person and right of obedience, but not of inheritance, to all intents and purposes, the child of his adopters, as if they had been his natural parents. lb. § 29. i. . j ' 5. Any petitioner, or. any such child by any next fnend, may appeal to the supreme court of probate from any such decree, in the same manner and with the same effect, as in other cases, but no bond to prosecute his appeal shall be re- quired of such child or next friend, nor any costs be awarded against either. lb. § 30. MASTERS, APPRENTICES, AND SERVANTS. ;267 CHAPTER XCV. MASTERS, APPEBNTICBS, AND SBEVANTS. 1. Binding of minors under fourteen years of age. 2. Binding of minors above fourisen. 3. Indentures in such cases. 4. By whom indentures shall be kept. 5. Consideration, how secured. 6. Indentures to be binding. 7. Void on death of the master. 8. Minor not to be transferred nor trans- ported from the state. 1. Children under the age of fourteen years may be bound as apprentices or servants until that age, without their eon- sent, by their father, if living ; and if not, by their mother or legal guardian ; and if they have no parent or guardian, they may bind themselves, with the approbation of the municipal officers of the town where they reside. E. S. c. 62, § 1. 2. Minors above the age of fourteen years may be bound in the same manner, with their consent, which shall be dis- tinctly expressed in the indenture signed by them ; females to the age of eighteen years, or to the time of their marriage within that age, and males to the age of twenty-one years, lb. § 2. 3. No minor of any age shall be thus bound, unless by an indenture of two parts, signed, sealed, and delivered by both parties ; and when the minor binds himself, by the consent of the municipal officers, such consent shall be in writing, signed by them on each part of the indenture. lb. § 3. 4. One part of the indenture shall be kept by the master or mistress, to whom the minor is bound, and the other part by the parent or guardian for the use of the minor ; and when made by the consent of the municipal officers as aforesaid, it shall be deposited with the town clerk. lb. § 4. 5. All considerations, allowed by the master or mistress in any contract of service or apprenticeship, shall be secured by the indenture, to the sole use of the minor, and paid to him without any control on the part of the parent or guardian at any time. lb. § 6. 6. All indentures, made as herein prescribed, shall be bind- ing in law against all parties thereto. lb. § 6. 7. No indenture between any minor, his parent or guar- dian, and any master or mistress, or their executors and admin- 268 MAINE TOWNSMAN. isti-ators, shall be binding on such minor, parent, or guardian, after the death of such master or mistress ; but the indenture shall be deemed void from that time. lb. § 7. 8. A minor thus bound shall not be transferable to another person, nor transported out of the state by his master or mis- tress, lb. § 8. TITLE IX DUTIES AND RIGHTS OF TOWN OITICEES AND OTHERS. Chapter 96. Chapter 97. Chapter 98. Chapter 99. Chapter 100. Chapter 101. Chapter 102. Chapter 103. Chapter 104. Chapter 105. Chapter 106. Chapter 107. Chapter 108. Chapter 109. Chapter 110. Selection and service of jurors. Coroners and coroners' inquests. Constables. Special duties of town clerks. Births, deaths, marriages. Eeference of disputes. Fees of justices of the peace. Inspection of lime and lime casks. Inspection of pot and pearl ashes. Inspection of leather, boots, and shoes. Inspection of fish. Fisheries. Survey of wood, bark, coal, hoops, staves, and lumber. Weights and measures. Inspection of beef and pork. CHAPTER XCVI. SELECTION AND SERVICE OP JURORS. Board for preparing lists of jurors. How the lists are to be prepared. Persons exempted from serving. Tickets of names to be kept in jury box. Number required to be kept in jury box. Commissioners to divide the county into jury districts. Rule by wbich the clerk shall issue venires. Grand jurors to serve one year. Grand and traverse jurors to attend on first day of the term. Distribution of venires; form of notice. 11. Mode of drawing jurors. 12. Same suly^ct. 13. Date of draft. 14. Constables to notify jurors; form of notice. 15. Indorsement to be transferred. 16. Penalty for neglect of selectmen or clerk. 17. Penalty for neglect of constable or town. 18. Penalty for neglect of juror to attend. 19. Penalty for fraud by town clerk or se- lectmen. 20. Jurors' fees. 21. Legal decisions. 1. The municipal officers, treasurer and clerk of each town constitute a board for preparing lists of jurors to be laid jbefqrp 23* "' ' 270 MAINE TOWNSMAN. the town for their approval ; and the town, in legal town meet- ing, by a majority of the legal voters assembled, may strike out such names as they think proper from such lists, but shall not insert any other names. R. S. c. 106, § 1. 2. Such board, at least once in every three years, shall pre- pare a list of such persons, of good Inoral character, and qual- ified, as the constitution directs, to vote for representatives, un- der the age of seventy years, in such town as they judge best, qualified to serve as jurors. lb. § 2. 3. The following persons shall be exempted from serving as jurors, and their names shall not be placed on the lists : the governor, councilors, judges and clerks of the common law courts, secretary and treasui'er of the stat'e, all oflicers of the United States, judges and registers Of probate, registers of deeds, settled ministers of the gospel, officers 6{ colleges, pre- ceptors of incorporated academiesj physicians and surgeons; cashiers of incorporated banks, sheriffs and their deputies, cor- oners, counselors and attorneys at law, county commissionens, constables, and constant ferrymen. ' lb. § 3. 4. After the list of jurors is approved by the town; the board shall write their names upon tickets, and place them in the jury box, to be kept by the town clerk; and the persons whose names are in the box shall be liable to be drawn and to serve on any jury, at any court for which they are drawn, once in every three years, and not oftener, except as herein provid- ed, lb. § 4. 5. Each town shall provide, and constantly keep in the box, a number of names ready to be drawn when required, not less than one nor more than two for every hundred persons in the town, according to the census taken next before preparing the box ; and the board shall withdraw from it the name of any person convicted of any scandalous crime, or guilty of any gross immoraUty. lb. § o. 6. Within one year after every new census, and oftener if a considerable change of population renders it proper, the county commissioners shall divide their county into not less than four nor more than twelve districts, numerically designated ; and they shall place as many adjoining towns in each district as will make the number of inhabitants in each, according to the last census, as nearly equal as may be, without dividing a town ; an4 shall deliver a copy of such division immediately to the clerk of the courts iu their county. lb. § 6. 7. The grand and traverse jurors shall be dt-aWn from ekch Jur^ 4istrict in such njanner as tQ cai^se jurprs, at each term of SELECTION AND SERVICE OP JURORS. 271 the courtj to come from every part of the county as equally as may be, and, as far as practicable, from every town in rotation, having regard to the number of its inhabitants, taking not more than two grand jurors and two traverse jurors from the same town at the same time, unless from necessity, or some extraor- dinary cause, or to equalize the service ; and the clerk of the courts shall issue venires to the constables accordingly. lb. § 7. 8. Venires for grand jurors to serve at the supreme judi- cial court shall be isSued at least forty days befm-e the second Monday of September annually ; and such jurors shall serve at every term of said court for the transaction of criminal business throughout the year. lb. § 8.* 9. The grand and traverse jurors shall attend on the first day of the term for which they are drawn and summoned, un^ less the! court at a previous term has dBsignated a different day ; and if so, the venire shall specify the day on which the jurors shall attend. lb. § 9. 10. The sheriff,on receiving venires for jurora shall immediately send them to the constables of the towns where directed, and each constable on receipt thereof shall notify the inhabitants of the town (jualiflfed to vote for representatives, and especially the municipal officers and town clerk, by posting up notices in two pttblic and conspicuous j)lacesin said town at least four days before such meeting, to assemble and be present at the draft of the jurors called for ; which shall be six days at least be- fore the sitting of the court to which the venire is returnable. lb. § 10, aa ameiided by Act Feb. 18, 1861. The form of notice to the inhabitants may be as follows : -^ III the name of the State of Maine, I hereby notify the inhabitants of the town of qualified to vote in the elec- tion of representatives to assemble and be present at , on the day of ■ ; at o'clock in the noon, for the draft and selection of gl- (seal.) ) (seal.) The form of indorsement of approval may be as follows : — This certifies that , the sureties named in the within bond, are, in our opinion, sufficient. Dated, ) >■ tielectmen of . 5. Persons injured by the neglects or misdoings of a con- stable may have the same remedy by preliminary actioij, and action on his bond, as is provided in case of a sheriff's bond. It. b. c. 80, §44. 6. Police officers, duly appointed in any city, shall have all the powers of constables in all criminal matters, or relating to the by-laws of their city. lb. § 46. ? s 7. Constables are, ex officio, collectors of taxes, where no m- lo'Ss'lO?""*^^ ^"^ exclusively appointed as coUect- 8. The fees of constables for the service, travel, and return nL nf .,7'""^' '^^" ^^ ""'^ '^""^'^ ^"'l <^% «ents, io be paid out of the county treasury; and for services which maybe stable shall be a lowed the same fees as a deputy sheriff, unless otherwise provided by law. E. S. c. 116, § 8. 280 MAINE TOWNSMAN. CHAPTER XCIX. SPECIAL DriIES OF TOWN CLEBKS. 1. To record personal mortgages. 2. Fees therefor. ' 3. To record marriages, births, and deaths. 4. Kecord of certain attachments. 5. Forms of record. 6. An ex-ity shall be duly sworn by the inspector general, or by a justice of the peace, and give bond to the inspector general, with sureties to his satisfaction for the faithful performance of his duty, and the bond shall be so expressed as to inure to the use of the State, for the time the deputy exercises his duties during a vacancy ia the office of inspector general. lb. § 3. 4. If at any time it is necessary that fish should be in- spected in any town where no inspector resides, any such officer in the county may inspect and brand the same, in the same manner and under the same obligations as if in his own town. R. S. c. 40, § 4. 5. Every inspector who inspects any kind of fish pickled for barreling, shall see that they are in the first instance well struck with salt or pickle, and preserved sweet, free from rust, taint, or damage ; and such of said fish as are of good quality and in good order, shall be packed in tierces, barrels, half bar- rels, quarter barrels, and tenths of barrels, or kids ; each tierce containing three hundred pounds; each barrel two hundred, and so in that proportion ; and the same shall be packed in good, clean, coarse salt, at the rate of thirty-five pounds for every two hundred of fish ; and each cask shall then be filled with clear, strong pickle, and headed up ; and when the contents are free from taint, rust, or damage, shall be branded by the inspector with the name of the fish therein ; and those of the best quality, not mutilated, and caught in the right season, shall be marked No. 1 ; the best and thickest of those that remain. No. 2 ; and the residue, No. 3 ; and No. 3 Block Island mack- erel, so called, shall also be marked with the word south ; and all mackerel less than ten inches long shall be marked No. 3 small. The inspector shall also brand in plain letters on the head of every such cask, the weight, the initials of his christian and his whole surname, the name of his town and of the owner, the letters Me., an abridgment of the month, and the year in figures, when packed. lb. § 5. 6. All tierces, barrels, or casks, used for the purpose of. packing pickled fish, shall be made of sound, ■well-seaspnecl 25* 294 MAINE TOWNSMAN. white oak, white ash, spruce, pine, or chestnut staves, of rift timber, with headings of either of such kincjs of wood, sound, well planed and seasoned, and the heads, if of pine, free from sap ; the same to be well hooped with at least three strong hoops on each bilge, and three also on each chime ; the barrel staves to be twenty-eight inches in length, and the heads to be seventeen inches between the chimes, and made in a workman- like manner, to hold pickle ; and branded on the side near the bung with the name of the maker or owner thereof. The tierces shall contain not less than forty-five nor more than forty-six gallons each ; the barrels from twenty-nine to thirty gallons each, and the aliquot parts of a barrel in the same proportion. lb. § 6. 7. All small fish usually packed whole with dry salt shall be put in good casks of tlie size and materials aforesaid, packed closely therein, and well salted, the casks to be filled full with the fish and the salt, putting no more salt with the fish than is necessary for their preservation ; and the inspector shall brand all such casks with the name and quality of the inspected fish. lb. § 7. 8. All smoked herring shall be sorted by the inspector ac- cording to their quality, as follows : scaled hemngs shall consist of all the largest, fattest, and best cured fish, of not less than seven inches in length ; No. 1, of well cured fish, not less than six inches in length ; and in both cases all those shall be taken out as refuse which are belly broken, tainted, scorched, slack salted, or not sufficiently smoked. lb. § 8. 9. All boxes for packing smoked herrtngs shall be made of good sound boards, sawed and well seasoned ; the top, bottom, and sides, of boards not less than three eighths of an inch thick, and the ends of boards not less than three quarters of an inch thick, securely nailed, and .seventeen inches in length, eight and one half inches in breadth, and six inches in depth, in the clear ; and each cask or box shall be filled with fish of the same kind and quality ; and when inspected, shall be marked on the top by the inspector, as in section five ; and if the box contain Magdalen herring, that word abridged shall be marked thereon ; and no alewives or herring shall be considered mer- chantable unless salted and smoked sufficiently to cure and preserve them, and then closely packed in boxes in clear and dry weather. lb. § 9, 10. The owner of all smoked and pickled fish, when required by the inspector, shall furnish a brand containing the initials of l}is christian and the whole of his surname, fop stamping the casks and boxes containing such fish. lb, § 10. INSPECTION OP PISH. 295 11. If any person sells in this state, or exports therefrom, any fish in casks or boxes, not inspected, packed, and branded as aforesaid, or any tainted or damaged flsh, known to be such, except good and wholesome fish packed in kegs of less than ten gallons, or pickled, dry, or smoked fish imported into this state from some other state or country, lawfully inspected and branded there, he shall forfeit ten dollars for every hundred weight thus sold or exported. lb. § 11. 12. No pickled flsh in casks, and no smoked alewives or herrings in boxes, shall be shipped from this state, unless the master or owner of the vessel produces to the officer authorized to clear the same, a certificate from the inspector that the same have been inspected, packed, and branded according to law ; and the certificate shall express the number of tierces, or casks, and the number of boxes thus shipped, the kind and quality of fish they contain, the name of the master and owner, and that of the vessel into which such fish are received for exportation, and shall take and subscribe the following oath before the officer as aforesaid: — (lb. § 12.) I, A. B., do swear, according to the best of my knowledge and belief, that the certificate hereunto annexed contains the . whole quantity of pickled fish packed in barrels or other casks, and of smoked alewives and herrings, on board the , , master ; and that no pickled fish, or smoked alewives or herrings are shipped on board said vessel for the ship's company, or on freight or cargo, but what are inspected and branded according to the laws of this state, or exempted by the provisions thereof. So help me God. 13. If any person lades or receives on board any vessel or other carriage, for transportation from this state, any pickled fish, or cured or salted whole fish, packed or not packed, not inspected and branded as aforesaid, except such as is described m the exception of section eleven, he shall forfeit at the rate of not less than five, nor more than ten dollars, for every hun- dred pounds thereof; and any justice of the peace may issue his warrant to the proper officer, directing him to seize and secure any such prohibited fish, and convey it to any inspector within a convenient distance, for inspection ; and such inspector shall open, inspect, pack, and brand such fish, according to law, and detain the same till all lawful charges of seizure and inspection are paid. lb. § 13. 14 If any person takes from a cask or box any pickled, 296 MAINE TOWNSMAN. cured, or smoked fish, lawfully inspected and branded, and sub- stitutes therefor or fraudulently intermixes other fish ; or any inspector marks any cask or box out of his town, or which he has not inspected, packed, and prepared himself, according to law ; permits other persons unlawfully to use his brands ; or willfully and fraudulently uses the same himself after the expi- ration of his commission, he shall forfeit twenty dollars for each cask or box so dealt with. lb. § 14. 15. The inspector general shall, in the month of January, an- nually make a return mto the office of secretary of state, of all the ' fish inspected by him and his deputies during the year preceding the first day of January, designating the quantities, kinds and qual- ities of pickled and smoked fish respectively, and the secretary shall publish the same as soon after as may be in the state paper ; and the mspector general may require returns of his deputies as ofteu as he sees fit. Act March 14, 1862, § 5. 16. The fees of inspectors in all cases shall be paid in the first instance by the owner of the fish ; but he may recover the same of the person purchasing or receiving it, in addition to the price thereof. E. S. c. 40, § 17. 17. Inspector's Fees. — For each certificate of exportation, seventeen cents ; for inspecting and branding each tierce, ten cents ; each barrel, seven cents ; each box of smoked herrings or alewives, one cent ; exclusive of the labor and expense of coopering; all which shall be paid by the seller. E. S. c. 116, ■ §22. CHAPTEE CVII. FISHERIES. 1. Non-resideuts not to take fish in a certain way. 2. Permits to take certain fish. 3. InUabitanta may plant oysters by consent. 4. Duty of county commissioners. 5. Same subject. a. Counties of Hancock and Penobscot. 7. Trout in Goose Fond. 8. Fish in Penobscot Elver, Bay, and tributaries. 0. Same subject. 10. Weirs to be provided with gates. 11. Fish in New Meadows Birer and tributaries. 12. Same subject. 13. Fish in George's Eiver and tribu- taries. 14. Same subject. 15. Same subject. 16. Fish in ponds in Kennebec and Somerset counties. 17. Same subject. 1. No person, not a resident of this state, shall set or use any net, weir, seine, or other machine, in any of the waters of the state, for the purpose of taking salmon, shad, mackerel, FISHERIES. 297 shell-fish, lobsters, herrings, alewives, menhaden or poggies; nor shall residents set or use any seine for the purpose of taking mackerel, menhaden or poggies ; but a net for meshing menhaden of only one hundred and twenty-five meshes deep, shall not be deemed a seine ; nor shall any person take, or otherwise willfully desVoy any shell-fish, or obstruct their growth in their beds ; or set any net crosswise ot said waters, but only lengthwise, under a penalty of not less than twenty, nor more than five hundred dollars. R. S. c. 40, § 18. 2 The municipal oificers of towns may grant written per- mits to residents of the state, to take, within their towns, shell- fish, menhaden or poggies, and to those not residents, to take the same and also lobsters, on the payment of an agreed sum for the use of their town, specifying therein the quantity to be taken, or the time to fish, the number of persons to be em- ployed, and the purposes for which the fish may be used ; but without any such permit, any inhabitant, within his own town, may take shell-fish, except oysters, in June, July, and August, for the consumption of his family ; and any fisherman may take, any where, such fish, except oysters, in said three months, suitable for bait, and neoessary'for his use, not exceeding seven bushels in the shell. lb. § 19. 3. Any inhabitant of this state, by obtaining the consent of the adjacent riparian proprietors, may plant oysters below low water mark, in any of the navigable waters of the state, in places where there is no natural oyster bed ; enclose such ground with stakes, set at suitable distances, and extending at least two feet abtfre high water mark, but so as not to obstruct the free navigation of such waters, and have the exclusive right of taking such oysters. lb. § 21. 4. On the written application of three or more responsible persons, who shall be held to pay all the expenses if the decis- ion is against them, the county commissioners shall, from time to time, examine all dams and structures in rivers pr their tributaries, in which salmon, shad, and alewives abound ; and after written notice to one or more of the parties interested, and a hearing, shall decide what would be a suitable fishway in said structure, not exceeding one foot in fifteen of the width of the water at that place, and define, in writing, the limits of such fishway, and cause the same to be entered on the records of the town where it is situated. lb. § 22. 5. If the owner of such structure, after twenty days' notice published in a newspaper in the county, if any, otherwise in the state paper, does not build such fishway, the commissioners 298 MAINE TOWNSMAN. shall build it, and notify the owner of the expense thereof, and if he does not pay it within thirty days to the county treasurer, the treasurer shall pay it; and the county shall have a lien on the mills and other property situated on such structure, whether belonging to said owner or not, commencing from the opening of said fishway. lb. § 23. 6. The county commissioners of Hancock and Penobscot shall have joint jurisdiction of the rivers and streams within the limits of their respective counties. lb. § 25. 7. If any person takes or destroys, except by hook and line, any trout in Goose Pond in the towns of Swanville, Pros- pect, and Frankfort, between the first day of September and the last day of December, he shall forfeit three dollars for each trout. lb. § 27. 8. The governor, when a vacancy occurs, shall appoint three suitable persons, one residing in each of the counties of Penobscot, Hancock, and Waldo, designating a chairman, to be fish wardens, who shall be duly sworn, hold their ofiices three years unless sooner removed, meet annually at Bangor on the first Monday of April, with power to adjourn to such time and place as they think 'proper ; and have a general supervision over the fisheries of salmon, shad, and alewives in the waters of the Penobscot River, bay, and tributary streams. lb. § 28. 9. No person shall take or destroy any of the fish afore- said, in any of said waters, by any means whatever, between the fifteenth day of July and the first day of April following, under penalty of twenty dollars for each offense ; or between the first day of April and the fifteenth day of July following, except from sunrise Mondays to sunrise Fridays, under a penalty of ten dollars for each offense. lb. § 32. 10. Every weir shall be provided with a gate or passage way in the pound thereof, at least three feet wide, and extend- ing from the bottom to high water line, which shall be left open for the free passage of said fish from sunrise each Friday to sunrise Monday following, between the first day of April and the fifteenth day of July, and the owner or occupant of any weir not so made, or not so kept open, shall forfeit ten dollars for each offense. lb. § 33. 11. The towns of Brunswick and West Bath shall each choose, at their annual meeting, by ballot, one fish warden, to have a supervision over the fisheries of New Meadows River and tributary streams, conveniently located. lb. § 39. 12. No person, between the first day of May and the first FISHEBIES, 299 day of September, shall take or destroy any shad or other fish in said waters, except from sunrise Mondays to sunrise Fri- days, under penalty of ten dollars. lb. § 40. 13. The towns of Thomaston, St. George, and Gushing shall, at their annual meetings, each choose by ballot one, and the town of Warren two, fish wardens to have a general super- vision over the fisheries of salmon, shad, and alewives, in George's River and tributaries, and to be sworn to the faithful discharge of their duties ; and in case said towns fail to choose, or a vacancy otherwise occurs, the selectmen shall appoint such wardens, who shall appoint deputies, removable at pleasure, in such places, as they deem proper, not exceeding seven, who shall be duly sworn, and forward certificates thereof to the warden of their town, within ten days after notice of their appointment. lb. § 41. 14. If any fishway directed by said wardens is not made to their satisfaction within twenty days after notice, they are au- thorized to cause the natural course of the stream, through which the fish pass, to be opened, and kept open ; and to go on the land of any person, through which such streams run, with- out being trespassers, and cause to be opened a sluice way through any dam on any of said rivers or streams between the ponds where the fish usually cast their spawn and the sea, at the expense of the owner thereof, if such owner neglects or refuses to open the same, when required by said fish wardens. A dam or sluice so opened shall continue open in every year to such depth and width, and for such term of time, between the first day of May and the fifteenth day of July, as said fish wardens deem necessary. lb. § 44. 15. The mill privileges at Vaughan's Mills and at Batch- elder's Mills, in the town of Union, are exempt from the fore- going provisions ; and any of the fish aforesaid may be taken by the town of Warren on Monday, Tuesday, Thursday, and Friday of each we^k. lb. § 46. _ 16. Whoever sets any net, seine, weir or other obstruc- tion in Snow, Great, Long, McGrath, North, East, or Rich- ardson Ponds, or any stream flowing from or into them, in the counties of Kennebec or Somerset, for the purpose of taking, destroying or obstructing the free passage of fish therein, shall forfeit two dollars ; and whoever takes or destroys any fish therein, excdpt by dip-nets or hook and line, shall forfeit a sum not exceeding one dollar for each fish so taken or destroyed ; and these penalties may be recovered by indictment or by complaint before a justice 300 MAINE TOWNSMAN. of the peace, one-half thereof to the use of complainant and the other half to the state. R. S. c. 40, § 52, as amended by Act of March 14, 1859. 17. All persons are prohibited from taking any fish from Moosehead Lake, or from its coves, creeks, or inlets, during the months of October and November of each year, and from taking any fish in the waters aforesaid, with seines or nets during any part of the year, under a penalty of ten dollars for each ofience ; one-half thereof to the use of the prosecutor, and the other half to the use of the state. lb. § 53, as amended by Act of March 19, 1858. SUBVEY OF WOOD, BARK, COAL, ETC. 301 CHAPTER CVIII. SUKTEY on WOOD, BARK, COAL, HOOPS, STAVES, AND LUMBER. 1. Towns may regulate sale and measure of wood. 2. Penalty for selling before survey. 3. How wood, brought by water, shall be piled and measured. 4. Ticket. 5. Penalty for fraudulent stowage. 6. How charcoal may be measured. 7. Coal baskets to be sealed. 8. Penalty for measuring in baskets of less dimensions. 9. Seizure of unlawful baskets. 10. Penalty for measurer refusing certifl- 11. Towns to elect surveyors of boards, plank, &c. 12. All boards, plank, 4o., to be surveyed. 13. Dimensions and quality of shingloB Hob. 1, 2, and 3. 14. How shingles shall be split or sawed and packed. 15. Dimensions and quality of clapboards. 16. Dimensions and quality of staves. 17. Dimensions and quality of hogshead hoops. 18. If sold before survey, what. 19. Master or owner to produce surveyor's certificate before clearance. 20. Penalty of surveyor or culler for neg- lect. 21. Duties of surveyors of logs. 22. Fees. . Wood and Bark. 1. Towns may, by an ordinance, regulate the measure and sale of wood, coal, and bark tberein, and the location of teams hauling the same, and enforce it by reasonable penalties. All cord wood exposed to sale shall be four feet long, including half the scarf, and well and closely laid together. A cord of wood or bark shall measure eight feet in length, four feet in width, and four feet in hight, or otherwise contain one hundred and twenty-eight cubic feet ; and the measurer shall make due allowance for refuse or defective wood and bad stowage. K. S. c. 41, § 1. 2. If any fire wood or bark brought into any town by land is sold and delivered, unless otherwise agreed to by the pur- chaser, before it is measured by a sworn measurer, and a ticket signed by him and given to the driver, stating the quan- tity the load contains, the name of the driver, and the town in which he resides, such wood or bark shall be forfeited- lb. § 2. 3. All cord wood brought by water into any town for sale shall be corded on the wharf or land on which it is landed, in ranges, making up in hight what is wanting in length ; then it shall be so measured, and a ticket given to the purchaserj: Who shall pay the stated fees ; and no such wood shall be. carried away by any wharfinger or carter before it has been 26 302 MAINE TOWNSMAN, SO measured, under a penalty of one dollar for every load. lb. § 3. 4. Every person carrying any fire wood from a wharf or landing for sale shall be furnished by the owner or seller of it with a ticket, stating the quantity and name of the driver ; and if such tire wood is carried away without such ticket, or any driver refuses to exhibit such ticket to any sworn measurer on demand, or does not consent to have the same measured, if in the opinion of the measurer the ticket certifies a greater quan- tity of wood than the load contains, such wood shall be forfeited, and may be seized and libeled by said measurer according to law. lb. § 4. 5. "When any wood, bark, or charcoal, is sold by the cord, foot, or load, which is stowed in such a manner as to prevent the surveyors, from examining the middle of the load, and it appears on delivery that it was stowed with a fraudulent intent of ottaining payment for a greater quantity than there was in fact, the seller or owner thereof shall pay ten dollai-s. lb. § 5. Charcoal. 6. Any charcoal brought into a town for sale may be measured and sold by the cord or foot, estimating the cord at ninety-six bushels, when the purchaser and seller may agree to the same ; and the measurers before named shall be meas- urers of charcoal also. lb. § 6. 7. All baskets for measuring charcoal brought into a town for sale shall be sealed by the sealer of the town where the person using them usually resides, and shall contain two bushels, and be of the following dimensions, viz.: nineteen inches in breadth in every part thereof, and seventeen inches and a half deep, measuring from the top of the basket to the highest part of. the bottom; and, in measuring charcoal for sale, the basket shall be well heaped. lb. § 7. 8. Whoever measures charcoal for sale in any basket of less dimensions, or not sealed, shall forfeit, for each offense, five dollars. lb. § 8. 9. The municipal officers of towns may appomt some suit- able person to seize and secure all the baskets used for meas- uring coal not according to the provisions hereof. lb. § 9. 10. If any measurer of wood, bark, or charcoal neglects or refuses to give to the owner or purchaser a certificate of the contents of any load, he shall forfeit five dollars for each offeiKe. lb. § 10. SURVEY OP WOOD, BARK, COAL, ETC. 303 Boards, Plank, and other Lumber. 11. Every town, at its annual meeting, shall elect one or more surveyors of boards, plank, timber, and joist ; one or more surveyors of shingles, clapboards, staves, and hoops ; and every town containing a port of delivery whence staves and hoops are usually exported shall also elect two or naore viewers and cullers of staves and hoops ; and the municipal officers of any town may, if they deem it necessary, appoint not exceeding seven surveyors of logs, and all of said officers shall be duly sworn. lb. § 11. «. , r i 12. All boards, plank, timber, and joist offered tor sale shall, before delivery, be surveyed by a sworn surveyor thereof; and, if he have doubts of the dimensions, he shall measure the same, and mark the contents thereon, making reasonable allowance for rots, knots, and splits, drying and shrinking. Pine boards three fourths of an inch thick when fully seasoned, and in that proportion when partly seasoned, shall be considered merchantable ; and no pine boards, except sheathing boards, shall be shipped for exportation beyond the United States but such as are square edged, not less than seven? eighths of an inch thick nor less than ten feet long, under penalty of being forfeited to the town whence shipped, lb. § 12. Shingles and Clapboards. 13. All shingles packed for exportation beyond the state shall be sixteen inches long, free from shakes and worm holes, and at least three eighths of an inch thick at the butt end when green, and, if of pine, free from sap. They shall be four inches wide on an average, not less than three inches wide in any part, hold their width three fourths of the way to the thin end, well shaved or sawed, and be denominated number one ; but shingles intended for sale within this state, if of inferior quality or of less dimensions, may be surveyed and classed accordingly, under the denominations of number two and number three. lb. § 13. 14. All shingles shall be split or sawed crosswise the grain. Each bundle shall contain two hundred and fifty shingles, and, if in square bundles, twenty-five courses, and be twenty- two inches and a half at the lay; and when packed to be surveyed as number one, or for exportation, if in any bundle there are five shingles deficient in the proper dimensions, soundness, or number, to make two hundred and fifty mer- chantable shingles, or if any shingles are offered for sale 304 MAI\E TOWNSMAN. before they are surveyed and measured by a sworn surveyor of some town in the county where made, and the quality branded on the hoop or band of the bundle, unless the parties otherwise agree, they shall be forfeited to the town where the offense is committed, lb. § 14. 15. All clapboards exposed to sale or packed for exporta- tion shall be made of good sound timber, free from shakes and worm holes, and, if of pine, clear of sap ; and tliey shall be at least five eighths of an inch thick on the back or thickest part, five inches wide, and four feet six inches long, and straight and well shaved or sawed, lb. § 15. 'Staves and Hoops. 16. Staves packed for sale or exportation shall be well and proportionably split, and of the following dimensions, viz. : — White oak butt staves, at least five feet in length, five inches wide, and one inch and a quarter thick on the heart or thinnest edge, and every part thereof; . White oak pipe staves shall be at least four feet and eight inches in length, four inches broad in the narrowest part, and not less than three quarters of an inch thick on the heart or thinnest edge; White or red oak hogshead staves shall be at least forty-two inches long, and not less than half an inch thick on the least or thinnest edge ; White or red oak barrel staves for a market out of the United States, shall be thirty-two inches long; if for use within the Utiited States, thirty inches long ; and in either case, half an inch thick on the heart or thinnest edge ; All white or red oak hogshead or barrel staves shall be at least, one with another, four inches in breadth, and no one less than three inches in breadth in the narrowest part ; and those of the breadth last mentioned shall be clear of sap ; and two staves shall be sold as one cast ; fifty casts, one hundred staves ; and ten hundred, one thousand. lb. § 16. 17. All hogshead hoops, exposed for sale, or packed for exportation, shall be from ten to thirteen feet in length, and of oak, ash, or walnut, and of good and sufficient substance, well shaved ; if of oak or ash, at least one inch broad, and, if of walnut, three quarters of an inch at the least end ; the differ- ent lengths shall be made up in bundles by themselves ; each bundle shall contain twenty-five hoops, four bundles make one hundred, and ten hundred, one thousand ; and every bundle, SURVEY OF WOOD, BARK, COAL, ETC. 305 packed for sale or exportation, found to be deficient in number or dimensions, shall be forfeited to the use of the town where exhibited. lb. § 17. 18. No person shall deliver on sale, or ship or attempt to ship for exportation, any boards, plank, timber, joists, shingles, clapboards, staves, or hoops, before they have been surveyed, measured, viewed or culled, as the case may be, and branded by the proper officer, and a certificate thereof given by him specifying the number, quality, and quantity thereof, under a' penalty of two dollars a thousand, by quantity or tale, as such article is usually sold, one half to the town where the ofiense is committed, and the other to the prosecutor ; and in addition thereto, the master or owner of any vessel, exporting any of the articles aforesaid beyond the limits of the United States contrary to law, shall for the first offense forfeit two hundred dollars for the use of the town whence said articles are exported; and if after conviction he commits a second ofiense in the same vessel, he shall forfeit the same sum, and the vessel, if found in this state, shall also be forfeited to the same use. lb. § 18. 19. The master or owner of any vessel, having any of the lumber or other articles mentioned in the preceding section on board, for exportation as aforesaid, shall, before the vessel is cleared at the custom house, produce to the collector a certifi- cate from the proper officer, that the same have been duly sur- veyed, measured, viewed, or culled, as the case may require-; and such master or owner shall likewise make oath before the collector, or any justice of the peace, whose certificate shall be returned to the collector, that the articles so shipped for ex- portation are the same articles thus surveyed, measured, viewed, or culled, that he has no others on board of the like description, and that he will not take any others. lb. § 19. 20. If any person, duly elected a surveyor, measurer, viewer, or culler of any of said articles under the provisions of this chapter, neglects or refuses to take the oath of his of- fice and to serve therein, he shall forfeit three dollars to the use of the town, and another person shall be elected to his place, who shall take the oath and serve as aforesaid under the like penalty ; and the like proceedings shall be had, until the office is filled ; or if any such officer, duly qualified, unneces- sarily refuses or neglects to attend to the duties of his office when requested, he shall forfeit three dollars ; and if he con- nives at or willingly allows any breach of the provisions 26* T 306 MAINE TOWNSMAN. hereof, or practices any other fraud or deceit in his official duties, he shall forfeit thirty dollars to the use aforesaid. lb. § 20. Logs. 21. Surveyors of logs may inspect, survey, and measure all mill logs floated or brought to market or offered for sale in their respective towns, and divide them into several classes, corresponding to the different quality of boards and other sawed lumber, which may be manufactured from them ; and they shall give certificates under their hands of the quantity and quality thereof to the person at whose request they are surveyed. lb. § 22. Fees. 22. To surveyors of boards, plank, timber, and joist, for viewing only, six cents per thousand feet ; for measuring and marking the same, six cents more ; and in that proportion for any part of a thousand, to be paid by the buyer. R. S. c. 116, § 22. • To tlie surveyors of shingles and clapboards, to be paid by the buyer, for surveying and telling, six cents per thou- sand, lb. To the viewers and cullers of staves and hoops, for barrel staves, twenty-five cents per thousand, and for hogshead and butt staves, thirty-three cents per thousand, as well refuse as merchantable ; the merchantable to be paid for by the buyer, the refuse by the seller ; and the culler of hoops shall be al- lowed forty cents per thousand. lb. To the surveyors of mill logs at the rates of four cents per thousand feet board measure for viewing and inspecting, and two cents per thousand, in addition, for measuring and marking- the quantity and quality of the logs, and making out and delivering certificates of the same, to be paid by the pur- chaser, lb. The measurers of firewood and bark shall receive such fees for their services as the municipal officers of the town ap- point, to be paid by the driver, and repaid by the buyer when brought by land, and by the wharfinger when brought by water. lb. WEIGHTS AND MEASURES. 307 CHAPTER CIX. ■WEIGHTS AND MEASURES. 1. Standard of weights and measures. 8. Beams, weights, and measures to be krot by state treasurer. 3. Also by county treasurers. 4. Town seal and standard of beams, weights, and measures to be kept by town treasurers. 5. Appointment of sealers by officers of towns. 6. Penalty for sealer not accepting offlca and taking oath. 7. Duty of town sealer. 8. Dearborn or Hills' steelyard, or the Eairbanks scale. 9. All measures for articled sold by heaped measure to conform to stand- ard. 10. Avoirdupois weight. 11. Fees. 1. The standard of weights and measures furnished by the United States and adopted by this state shall continue the standard of weights and measures for the state ; and the state sealer of weights and measures shall cause all such weights and measures of a smaller denomination than those furnished by the United Stated, as are necessary to make a complete set, to be compared and regulated by the standards aforesaid, and keep, at the expense of the state, a suitable standard balance for gold, and also for avordupois weights, to be kept with the weights and measures at the state house, and used only for regulating other weights and measures. R. S. c. 43, § 1. 2. The treasurer of state, at the expense of the state, shall procure and preserve as public standards, until otherwise pro- vided, in the manner mentioned in the first section, and which shall be used only as such, the following beams, weights, and measures, to wit : one bushel, one half bushel, one peck, one half peck, one ale quart, one wine gallon, one wine half gallon, one wine quart, one wine pint, one wine half pint, and one wine gill ; said measures to be made of copper or pewter, conform- able as to contents to said standard measures ; and the diam- eter of the bushel shall not be less than eighteen inches and a half, containing thirty-two Winchester quarts ; of the half bushel, not less than thirteen inches and three quarters, con- taining sixteen Winchester quarts ; of the peck, not less than ten inches and three quarters, containing eight Winchester quarts; and of the half peck, not less than nine inches, con- taining four Winchester quarts ; the admeasurement to be made in each instance in the inside ; also one ell, one yard ; 308 MAINE TOWNSMAN. one set of brass weights, to four pounds, computed at sixteen ounces to the pound, with fit scales and steel beam ; also a good beam and scales, and a nest of troy weights, from one hundred and twenty-eight ounces down to the least denomina- tion, with the weight of each weight, and the length of each measure, marked or stamped thereon, and sealed with a seal, to be procured and kept by the treasurer aforesaid ; and also one fifty-six pound weight, one twenty-eight pound weight, one fourteen pound weight, and one seven pound weight, made of iron. lb. § 2. 3. The treasurer of each county, at the expense thereof shall have one complete set of beams, and of brass, copper, porter, and iron weights, and of the measures before men- tioned, except the bushel measure, proved and sealed by the state standards, and conformable thereto in breadth and con- tents ; and preserve them for the use of such county only as standards ; and once in every ten years, commencing July first, eighteen hundred and thirty-nine, he shall have them compared, proved, and sealed by the state standards ; and for each neglect of his duty aforesaid, he shall forfeit two hun- dred dollars. lb. § 3. 4. The treasurer of towns, at the expense thereof, shall constantly keep a town seal, and, as town standards a complete set of beams, weights, and copper and pewter measures, con- formable to the state standards, except that the bushel meas- ure, and the half bushel, peck and half peck measures may be of wood instead of copper or pewter, but of the same dimen- sions, and except also a nest of troy weights other than those from the lowest denomination to eight ounces ; they shall cause all beams, weights, and measures, belonging to their towns, to be proved and sealed by the state or county stan- dards once in ten years, computing from July first, eighteen hundred and forty ; and for every neglect of duty as aforesaid they shall forfeit one hundred dollars. lb. § 4. 5. The municipal officers of each town shall annually ap- point a sealer of weights and measures therein, removable at pleasure, and have power to fill any vacancy that occurs ; and for each month's neglect of this duty, they shall severally for- feit ten dollars. Any city may purchase and keep for use scales for weighing hay and other articles, appoint weighers, and fix their fees. lb. § 5. 6. If any person, so appointed and notified thereof, refuses for seven days to accept the office and be sworn, he shall for- feit five dollars ; but when sworn, he shall receive the Btan- WEIGHTS AND MEASURES. 309 dards and seal from the treasurer, giving a receipt therefor, describing them and their condition, and therein engaging to redeliver them at the expiration of his office in like good order ; and he shall be accountable for their due preservation while in his possession. lb. § 6. 7. Every such sealer shall annually, in the month of May, post notices in different parts of his town stating the times and places at which he will attend to the proof and sealing of weights aftd measures ; shall deface or destroy all weights and measures that are not or cannot by him be made conformable to the standard ; shall visit the houses of innholders, the ware- houses and stores of merchants, and the dwelling houses of such other inhabitants as neglect to send to him their weights and measures, and there prove and seal the same ; and every sealer neglecting any duty herein required of him, and every person neglecting or refusing to have his weights and meas- ures proved and sealed as aforesaid, shall forfeit ten dollars, lb. § 7. 8. In all cases of weighing, the vibrating steelyard invented by Benjamin Dearborn, or the vibrating steelyard invented by Benjamin Dearborn and improved by Samuel Hills, or the Fairbanks scale, may be used ; but before being offered for sale, or used, each beam and the poises thereof shall be sealed by a public sealer of weights and measures, appointed accord- ing to law. lb. § 8. 9. All measures, by which fruit and other things, usually sold by heaped measures, are sold, shall be conformable in ca- pacity and breadth to the public standard; and if any person otherwise sells and exposes to sale any such fruit or other thing, any goods or commodities whatever by any other beams, weights, or measures than those proved and sealed as afore- said, he shall forfeit for each offense not less than one dollar nor more than ten. lb. § 9. 10. Twenty-five avoirdupois pounds make one quarter • tour quarters one hundred ; twenty hundred one ton. lb. § 10. _ 11. The sealers of the several towns are entitled, for try- ing and proving by the town standard and sealing each beam weight, and measure, found to be conformable to the standard to two cents, and if not conformable, four cents, to be paid by the person for whom they are sealed. K. S. c. 116§22 310 IVIAINE TOWNSMAN. CHAPTER ex. INSPECTION OP BEEF AND PORK. 1. 2. 3. 4. 5. 6. 7. 8. 9. 11). 11. 12. Appointment of inspector genertU. He shall appoint deputies. Deputies to be sworn. They shall not be concerned in the beef busioess. General duties of inspectors. Not obliged to act till charges paid. Seef and pork to be packed in barrels and half barrels. The age of beef cattle, and how cut up. How to be assorted and branded. May be packed and branded extra mess and navy meas. Mode of salting beef. The round, neck, and chines reserved for jerking, &c. Fork for exportation divided into seven sorts. Pork heads and feet, and mess pork. Pork, how salted ; barrels, how branded. Dimensions of barrels and half barrels. Same subject. Brand of the inspector and owner. Penalty for inspector branding pack- ages not inspected. 20. Penalty for deputy inspecting out of his district. 21. Penalty for not branding heef reserved for exportation. 22. Penalty for fraudulently mixing in- spected beef and pork with unin- spected. 23. Penalty for shipping, selling, or offei^ ing for salo beef and pork not in spected. 24. Same subject. 25. Seizure. 26. The officer seizing to libel. 27. Inspector general and deputies to make returns. 28. Py what scales beef and pork weighed. 29. Municipal officers may appoint weigh- ers. 30. Weigher's certificate. 31. Penalty for purchasing dead beef cattle without weighing. 32. Hides to be weighed and certified hy iuspector. 83. Tees. 1. The governor, with advice of council, when a vacancy occurs, shall appoint some skillful person to be inspector general of beef and pork, removable at pleasure; and he shall be sworn, and give bond with sufficient sureties in the sum of four thousand dollars to the treasurer of state, for the faithful discharge of his duties, before entering thereon. R. S. c. 38, § 1. 2. The inspector general shall appoint one or more deputies in every port in this state, whence beef and pork are export- ed, and a convenient number in the several counties ; and shall be responsible for their neglect or misconduct whilst acting under him ; and when the office of inspector general becomes vacant, they may continue to discharge the duties of the office until a successor is appointed ; and they shall be accountable to the state. lb, § 2. 3. Every deputy shall be duly sworn and give bond to the inspector general, with sureties to his satisfaction, for the faithful performance of his duty, in a sum not less than three hundred, nor more than one thousand dollars. lb. § 3. 'inspection or beep and po^^i^ Lk}«i,>?^^-^ 4. No inspector or deputy shall be concerned, directly or ijidirectly,,in the beef or pork business, or in buying or sell- ing it for barreling, so long as he holds such office. _ Any one violating the provisions of this section shall forfeit twenty dollars, and forever after be disqualified from holding such office, lb. § 4. 5. The inspector general, -within the county -where he re- sides, or his deputy within the district for which he is ap- pointed, shall, as soon as may he, within twenty-four hours after request, attend at any suitable place for the purpose of inspecting any quantity of beef or pork, or both, exceeding five barrels ; and commence thereon, as soon as a convenient, Strong, and secure place is provided by the party claiming such inspection, and the key thereof lodged with him : and it shall be his duty to keep the said key, until such beef or pork is packed, or re-packed, salted, coopered, and branded, or otherwise prepared for exportation. lb. § 5. 6. Sach officer shall not be liable for neglecting or re- fusing to commence upon any inspection or other service, before all the charges for inspecting, cutting, salting, cooper- ing, and branding such beef or pork are either paid or satis- fwtorily secured to him. lb. § 6. ^ ' 7. When the inspector or his deputy has inspected and assorted any beef or pork, he shall with the assistance, if necessary, of laborers and cooperers in his employ, and for whose conduct he shall be responsible, cut, weigh, pack, salt, and cooper said beef and pork in barrels or half barrels. lb. §7. 8. No beef shall be packed or re-packed in barrels or half barrels for exportation, unless it is of fat cattle not under two years old ; and all such beef shall be cut into pieces, as nearly square as may be, and of not more than eight nor less than four pounds in weight, except where otherwise expressly provided. lb. § 8. 9. Excepting as provided in the tenth and twelfth sections, all beef which the inspector or his deputy on examination finds to have been killed at a proper age, and otherwise good and merchantable, shall be by him divided into five different sorts for packing or re-packing; to be denominated and branded mess, number one, prime, cargo, and hearts and cheeks. Mess beef shall consist of oxen, cows, and steers weU fat- tened, of three years old and upwards, and weighing six hun- dred pounds and upwards ; the shin, shoulder, clod, and neck 312 MAINE TOWNSMAN. sliEtll be taken from the fore quarters, and the leg and the leg round from the hind quarters ; and each barrel . and half barrel, containing beef of this description, shall be branded on one of the heads with the words " mess beef" Number one shall consist of oxen, cows, steers, and heifers not under three years old and weighing not under four hun- dred pounds, and to average five hundred and twenty pounds, without any necks or shanks. On one head of each barrel or half barrel, containing beef of this description, shall be branded, " number one." Prime beef shall consist of fat cattle of all descriptions, not before mentioned, of two years old and upwards, bulls ex- cepted, with not more than half a neck, and two shanks, and without any hocks ; each barrel and half barrel of which shall be branded, " prime beef." Cargo beef shall consist of those parts of beef, which are excluded from mess, number one, and prime, not including hearts and cheeks ; and shall be packed and inspected by the inspector general, or his deputy, in the same manner as No. 1, or prime, and branded " cargo beef; " first taking from the parts excluded as aforesaid, namely, from the end of the neck not less than four pounds nor more than six, and from the shank and shin of each quarter not less than four pounds nor more than eight ; which pieces thus taken off shall not be exported from this state. The hearts and cheek pieces of beef may be inspected and packed as aforesaid, and shall be branded " hearts and cheeks." lb. § 9. 10. The inspector or his deputy may also, at the request of the owner or agent, inspect and pack the following descrip- tions of beef, viz. : — Oxen of four years, old and upwards, and weighing seven hundred pounds and upwards, excluding the same parts as for mess beef, to be branded " extra mess ; " and Choice pieces of oxen, steers, cows, and heifers, of three years old and upwards, weighing four hundred pounds or more, and to average five hundred and fifty pounds, excluding the parts aforesaid, to be cut into» pieces of as nearly ten pounds as practicable, and to be branded " navy mess." lb. §10. 11. Every barrel of beef shall be well salted with seventy- five pounds of clean St. Ubes, Isle of May, Lisbon, or Turk's Island salt, or eighty pounds of Liverpool salt, or other salt of equal quality, exclusive of a pickle made of fresh water as INSPECTION OP BEEP AND POEK. 313 Strong as salt will make it ; and to each barrel of mess, extra, or navy beef, shall be added not more than four, nor less than three ounces of saltpeter ; and to each' barrel of number one, prime, and cargo beef, shall be added not more than three, nor less than two ounces ; and for every half barrel of beef of the different kinds, one half of the stated quantity of salt and salt- peter shall be used. lb. § 11. 12. Any person packing beef under the supervision of the inspector general or his deputy, may reserve for smoking, jerk- ing, or other purposes, the round, being that part of the leg cut from the hind quarter near to the edge-bone, and the neck and chines of the fore quarter, cut as provided in the tenth section ; and the beef so reserved shall be at the disposal of the owner either for consumption, or to export in hogsheads, or in any other mode of packing ; and he may put into each barrel of beef or pork a less quantity of salt than is provided in section eleven, and tlie same shall be branded " light salt- ed ; " but he shall give a good and sufficient bond to the in- spector or his deputy to save him harmless from all liabilities and costs in consequence of such light salting. lb. § 12. 13. Excepting as provided in the next section, all pork packed or re-packed, in barrels or half barrels, for exportation, shall be divided into seven different sorts, to be denominated and branded, respectively, extra clear, clear, bone middlings, navy mess, number one, prime, and cargo pork ; and in all cases the following parts shall be taken out as refuse, viz. : nose pieces or faces, ears, brains, tail, feet, and lard. The two kinds of clear pork shall consist of the best pieces of large, well fatted, healthy hogs, weighing three hundred pounds or upwards, free from bones or the lean part of the meat, excepting the ends of the ribs and the brisket ; and ex- tra clear pork shall consist of such pigces, not less than three and a half inches thick, in the thickest part of such pieces, clear of lean ; and the clear pork of such pieces not less than two inches and a half thick, in the thickest part of such-pieces, clear of lean. Bone middlings shall consist of middling pieces taken from hogs well fatted, weighing two hundred and thirty pounds and upwards. Navy mess pork shall consist of all parts of the carcass, well fatted, weighing from one hundred and sixty pounds to two hundred and thirty pounds ; except the head, fore and hind legs, the shoulder joint, lard, and refuse parts above mentioned. Number one shall consist of all parts of hogs well fatted, 27 314 MAINE TOWNSMAN. averaging two hundred and twenty pounds or upwards, and each weighing not less than one hundred and eighty pounds, and to have no more heads, legs, shoulders, or other coarse parts, than belong to one carcass, deducting the lard and refuse as above. Prime pork shall consist of all parts of one and a half hog, well fatted, which shall weigh two hundred pounds, deducting the lard and refuse as above ; and if in half barrels, it shall consist of pig pork, of all parts of one carcass or not, exclud- ing the lard and refuse as above. In all cases where the legs of pork are taken out for any other purpose, the weight shall not be made up of heads and shoulders, but with other parts of the carcass, not less valuable than the legs would be, if salted. Cargo pork shall consist of the merchantable parts of whole- some pork of quality inferior to prime pork, and there shall not be more than the merchantable parts of two carcasses of pork in one barrel, except where any of the legs are taken out, the same number of shoulder pieces and no more may be added ; the deficiency of weight to be made up in better parts of a carcass of pork. lb. § 13. 14. Barrels or half barrels filled with pork heads or feet shall be so branded ; and the inspector general or his deputy, at the request of the owner or agent, may inspect, cut, weigh, pack or re-pack, salt, cooper or brand, pork of the following description, which shall be branded mess pork, viz. : every part, except the heads, legs, shanks, and lard, of well fatted hogs, in good condition, weighing from two hundred to three hundred pounds, and averaging two hundred and fifty pounds, lb. § 14. 15. Every barrel of pork shall be well salted with seventy pounds, and every half barrel with thirty-five pounds, of clean coars^salt, exclusive of a strong pickle, except as provided in section twelve ; shall be branded on one of the heads with the quality of the pork it contains ; and each baiTel of beef or pork for exportation shall contain two hundred pounds, and each half barrel one hundred pounds ; and the casks shall be made of good, seasoned, rift white oak, white ash, or maple staves and headings, free from any defect. lb. § 15. 16. The beef barrels shall measure not less than sixteen, nor more than sixteen and a half inches between the chimes ; and be not less than twenty-eight, nor more than twenty-eight and a half inches long, to be covered three fourths of the length with good oak, ash, elm, leverwood, or walnut hoops, INSPECTION OP BEEF AND POBK. 315 leaving one fourth in the center ; the heads and staves to be of a proper thickness ; the hoops to be well set and drove to- gether. The half barrels shall contain not less than fifteen, nor more than fifteen and a half gallons, to be hooped like barrels. lb. § 16. 17. The pork barrels shall measure seventeen inches and one quarter between the chimes, and contain not less than thir- ty one gallons nor more than thirty-one gallons and one half, and be hooped like beef barrels ; and all the beef and pork barrels and half barrels aforesaid shall be branded on the bilge with the manufacturer's name. lb. § 17. 18. Every barrel and half barrel of pork and beef, packed or re-packed for exportation, shall be branded with the initials of the christian and the whole of the surname of the inspec- tor who inspected the same, with the name of the town where, and the month and year in full, or intelligibly abridged, in which inspected, and the actual weight in legible letters and figures, with the addition of the word Maine. Every barrel or half barrel of beef marked extra mess, navy mess, number one, or prime, or of pork, marked extra clear, clear, bone mid- dlings, or navy mess, shall be branded with the name of the person for whom the same was packed. lb. § 18. 19. Neither the inspector general nor his deputy shall brand any packages of beef or pork, other than those he has person- ally inspected, and caused to be weighed and packed, as the law requires ; nor, his fees being duly tendered and secured to him, shall he neglect to perform any duty pertaining to his of- fice, or be guilty of any fraud in the exercise thereof, under penalty of ten dollars for each offense. lb. § 19. 20. No deputy shall inspect or brand any cask of beef or pork out of the district for which he was appointed, under pen- alty of fifty dollars ; and no person, other than the inspector and his deputies, shall stamp or brand any cask of beef or pork, with the intent that the same shall pass as inspected and branded according to law, under penalty of twenty dollars for each offense. lb. § 20. 21. When any beef is reserved for exportation agreeably to the provisions of the twelfth section, the hogshead or other package containing it, when exported, shall be branded on one head with the name of the owner and of the town where he resides, under the penalty of one dollar for each package not branded ; and the feet, ears, and faces of pork, when separated from the cheek part of the head, or any other pieces herein 316 MAINE TOWNSMAN. prohibited, shall not be exported under the brand "refuse," or' . any other brand, allowed for pork to be exported. lb. § 21. 22. If any person intermixes, takes out, or shifts, any beef or pork, out of any cask inspected or branded as hereby required, or puts in any other beef or pork for sale or exporta- tion with a fraudulent intent, he shall forfeit twenty dollars for each offense. lb. § 22. 23. No pork or beef, except hams reserved for pickling or smoking, packed in this state, or imported into it in barrels, half barrels, or other casks not bearing the name and brand of an inspector of some one of the United States, showing the quality and quantity thereof, shall be transported out of the state, or shipped, sold, or offered for sale therein, for ex- portation, under a penalty often dollars for package; nor shall any salted beef or pork be exported from the state, unless the master or owner of the vessel produces to the collector or other officer of the United States, granting a clearance, a certiiicate from the inspector general or his deputy, that it is inspected and branded according to law ; and each certificate shall express the number of barrels and half barrels of beef or pork of each sort ; and, on produc- ing such certificate, he shall take and subscribe the follow- ing oath before said officer, namely : — I, A. B., master (or owner, as the case may be) of the , do swear that according to my best knowledge and belief, the certificate hereunto annexed contains the whole quantity of salted beef (or pork, as the case may be) on board the , master ; and that no salted beef, or pork, is shipped on board the said vessel for the ship's com- pany, on freight or cargo, but what is inspected and branded, according to the law of this state. lb. § 23, as amended Ijy Act Feb. 22, 1858. 24. If any person exports, or ships for exportation, out of this state any salted beef or pork, not inspected and branded, as herein directed, every owner or shipper thereof privy to such offense, shall forfeit six dollars, and the master of every vessel, having on board such uninspected beef or pork, two dollars, for every such cask. lb. § 24. 25. Any, justice of the peace, on complaint made to him, that any such beef or pork is put on board any vessel in his county for exportation, may issue his warrant, directed to the proper ofBcer, requiring him to seize and secure the same for trial ; or the inspector general or his deputy may, on like information, seize and secure the same for trial. lb. § 25. INSPECTION OP BEEF AND PORK. 317 26. The officer, making such seizure, shall, as soon as may be, file a libel or information thereupon in any court proper to try the same ; and, if upon trial, it appears that such beef or pork was thus shipped against the provisions hereof, it shall be liable to forfeiture. lb. § 26. 27. Every deputy inspector shall make an annual return to the inspector general, of the number of barrels and half barrels of beef and pork inspected by him ; and the inspector general, in the month of January annusdly, shall make a return, up to the first day of December, into the office of the secretary of state, of the whole number of barrels and half barrels inspected by him and his deputies the preceding year, under each of the respective brands used by them ; designa- ting in the return the different sorts, and places where in- spected, lb. § 27. 28. No beef or pork shall be weighed by the owners or keepers of any slaughter-houses, stores, or warehouses, or by persons under their control in the transaction of their business, in any greater quantity than fifty pounds, unless in scales and with weights, or by the vibrating steelyard invented by Ben- jamin Dearborn, the vibrating steelyard invented or improved by Samuel Hills, or the Fairbanks scales, sealed according to law, under penalty of ten dollars. lb. § 29. 29. The municipal officers of towns, where beef cattle are sold for immediate consumption or for barreling, shall appoint one or more suitable persons not dealers in cattle, to be weigh- ers of beef, and they shall be duly sworn. lb. § 30. 30. All beef sold as aforesaid, shall be weighed by the sworn weighers, and certificates of the weight of all the beef, hide, and tallow of each head of cattle shall be signed by said weighers, and delivered to the seller thereof in the form fol- lowing, viz.: — (lb. §31.) • This certifies, that I have duly weighed the cattle, bought by , of , from , of , this day of — ■ — , 18 — : — Beef, 1 1 Hide Tallow Total, A. B., Sworn Weigher. 27* 318 MAINE TOWNSMAN. 31. Any person, purchasing beef cattle for market or exportation, not weighed pursuant to the foregoing provisions, other than live cattle, and except when the weight or mode of weighing is agreed upon expressly by the buyer and seller, shall forfeit thirty dollars for each offense. lb. § 32. 32. The inspector general and his deputies, by themselves or by other persons by them appointed and sworn, shall weigh all hides taken from cattle slaughtered for barreling, making reasonable deduction for tare and drainage ; and give a certifi- cate, specifying the gross weight and the deductions made as aforesaid. lb. § 33. 33. Fees. — For each barrel, inspecting and branding, twelve and a half cents ; for coopering, ten cents. For each half barrel, inspecting and branding, eight cents ; cutting, weighing, and packing, seven cents ; coopering, seven cents. If the amount inspected is less than ten barrels, ten cents a mile for travel. For beef reserved for smoking, jerking, and other purposes, six cents for every two hundred pounds. Each certificate, twenty-five cents ; weighing hides and delivering bill, four cents a hide, to be paid by the purchaser. R. S. c. 116, §22. PROBATE FOEMS. TABLE OF PROBATE FORMS. ADMINISTRATION. 1. Table of consanguinity. 2. Petition for administration. A WILLS. 3. Will of lands and goods. First. Bequest of money at interest. Second. Appointment of persons to manage minor's estate. "Third. Authority of executor to sell lands. Fourth. Devise to wife, in lieu of dower. Fifth. When a child has received all his portion. 4. Codicil. 5. Nuncupative wilL 6. Petition by executor for probate of a will. 7. Refusal of executor to accept the trust. 8. Petition to take depositions to prove a wilL 9. Waiver by widow of her provision in a vriU. ADMDHSTKATION. 10. Notice of administrator's or executor's appointment 11. Affidavit of posting notices of executor's appointment. 12. Inventory. 13. Petition by widow for allowance of personal estate. 14. Petition for sale of personal estate by administrator. 15. Account of sales of personal estate. 16. Representation of insolvency. 17. Oath of commissioners. 18. Return of commissioners. 19. Commissioners' notice to creditors. 20. Petition of creditors for extending commission. 21. Notice of objection to claims. 22. Rule to refer creditor's claim. 23. Referees' report under a rule. (320) PROBATE FORMS. 321 24. Rule to refer administrator's claim. 25. Petition to cite administrator to settle his account. 26. Petition of administrator of insolvent for further time. 27. Petition of administrator for sale of real estate. 28. Petition of administrator to sell whole of real estate. 29. Oath before sale. 30. Bond on license to sell real estate. 31. Advertisement for the sale of real estate. 32. Affidavit of posting notices. 33. Deed by administrator. 34. Petition to convey real estate of a deceased person, 35. Petition for administrator or executor to settle his account. 36. Complaint against one who refuses to account. 37. Complaint against one suspected of concealing goods. 38. Petition for division. 39. Petition for division according to will. 40. Commissioners' return. 41. Complaint against one who refuses to pay for division. 42. Petition to sell the reversion of a widow's dower. 43. Petition to sell the real estate of a minor or non compos. 44. Claim of an appeal. 45. Reasons of appeal. 46. Bond on appeal. 47. Administration account. 48. Second account of administration. 49. Receipt taken by administrator. 50. Receipt of legatee. 51. Receipt of heir. GUARDIANS. 52. Petition for guardian. 53. Choice of guardian by minor. 54. Representation respecting a non compos. 55. Return of selectmen. 66. Complaint of selectmen against an intemperate person. 57. Petition of guardian to sell real estate. 58. Assignment of dower. 69. Petition by widow for dower. 60. Commissioners' return of assignment of dower. 61. Petition for filing copy of a will proved out of the state. 62. Caveat. 63. Notes. U 322 MAINE TOWNSMAN. ADMINISTRATION. Upon the decease of any person intestate, the Judge of Probate shall grant administration of such intestate's goods or estate to the widow, husband, next of kin, or husband of the daughter of the deceased, or to two or more of them, as he shall think fit, if the applicant be over the age of twenty-one years, and in other respects, in his opinion, suitably qualified for the trust ; except, after thirty days from the decease of such intestate, if such husband, widow, or next of kin neglect or refuse to take out letters of administration, or if, in the opinion of the judge, they shall be unsuitable for the trust, he may commit administration on said estate to one or more of the principal creditors, or to such other person, or persons, as he shall deem suitable. The mode of ascertaining the degree of kindred between persons related to each other, is, by counting backward from one of the parties to the common ancestor, thence downward to the other, as may be seen by the following table of consan- guinity: — PBOBATB FORMS 823 [!•] TABLE OF CONSANGUINITY. 4 great great grand father. i 3 ;reat grand father. 6 great great uncle. 2 grand fither. 4 great uncle. 6 - 1 father. 3 uncle. 5 great uncle's son. 7 • person deceased. 2 brother. i cousin. 6 second cousin. 8 1 son. 3 nephew. 5 son of cousin. 7 9 2 grand son. 4 ._ 6 8 10 1 1 3 great grand son. 5 7 9 U 324 MAINE TOWNSMAN. [2.] PETITION FOB ADMINISTKATION. To the honorable judge of probate for the county of . A. B., of , in the county of , respectfully repre- sents that C. D., of , in said county of , died intes- tate, being seized and possessed of real estate, goods, chattels, rights and credits, in said county, which ought to be adminis- tered according to law : [if the widow petition for administra- tion, say] leaving your petitioner, who is his widow, and who prays that administration of his estate may be granted to her ; [if the next of kin petition for administration, say] leaving your petitioner, who is the son, [or brother] and the next of kin of said deceased, and who wishes to take administration on his estate. [If a creditor, when widow or next of kin neglect to apply, say] that thirty days have elapsed since the decease of said C. D., and the widow and next of kin have been duly cited to take administration of said estate, but neglect so to do ; and your petitioner is a principal creditor of said deceased ; wherefore, he prays that administration of said estate may be granted to him. Note. — Before taking administration, the administrator is required to give a bond, which is furnished at the probate office. WILLS. [3.] FORM OF A WILL OP LANDS OR GOODS. In the name of God, amen ; [or be it remembered, that I, A. B., of , being weak in body, but of sound and perfect memory ;] [or considering the uncertainty of this mortal life, and being of sound mind] blessed be Almighty God for the same, do make and publish this, my last will and testament, in manner and form following, that is to say : — I give and bequeath unto my beloved wife, R. B., the sum of dollars. I do also give and bequeath unto my eldest son, C. D., the sum of dollars. I do also give and bequeath unto my two younger sons, E. F. and G. H., the sum of dollars apiece. I also give and bequeath unto my daughter-in-law, S. H., single woman, the sum of dollars. PROBATE FORMS. 325 Which said several legacies or sums of money, I will and order to be paid in six months after my decease. I further give and devise to my eldest son, C. D., his heirs and assigns, all my real estate situate in , in the county of ; to have and to hold the same, to him, the said C. D., his heirs and assigns, forever. And, lastly, as to the residue of my personal estate what- ever, after payment of all my just debts, I give and bequeath the same to my said beloved wife, R. B., whom I hereby ap- point my sole executrix of this my last will and testament ; hereby revoking all former wills made by me. In witness whereof, I have hereunto set my hand and seal, this day of , 18—. ^. B. (seal.) Signed, sealed, and declared by the above named A. B. to be his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto. K. H. W.I. J. C. Other clauses may be inserted, as for example : — 1. Bequest of money to be put at interest, &c. Also, I give to my grand daughters, M. B., and R. B., children of my daughter, C. B., the sum of dollars each, to be paid to them respectively, at their respective ages of twenty-one years, [or days of marriage ;] the same to be put out at interest, at the discretion of my executor, and the in- terest accruing thereby to be applied to their education and maintenance, respectively, until their said respective ages, or marriages. And in case either of them shall die before the age of twenty-one years, or marriage, then I give the share of her, so dying, unto the survivor of them. And if both of my said grand daughters shall die before obtaining the age of twenty-one years, or marriage, then I give and bequeath the whole of said several sums unto . 2. Appointment of a person to manage the estate of a minor. And I do hereby authorize and direct my said executor, from and after my decease until the aforesaid G. B. shall at- 28 326 MAINE TOWNSMAN. tain his age of twenty-one years, to manage and improve the estate of said G. B., by me given him, for his use and benefit, and to lease all or any part of his lands, and to lend and place out at interest upon good security, or otherwise improve ac- cording to his discretion, all or any part of the moneys be- longing to or arising from said estate of said G. B., and to account for and to pay to the said G. B., for all such rents, interests and income, as shall arise from the estate hereby given and devised to him, when he shall attain the age of twenty-one years. And my said executor shall not be ac- countable for more of said moneys or estates, than he shall actually receive, or shall come to his hands, by virtue of any will, or for any loss which shall happen of the said moneys or estates, hereby by me given to the said G. B., if said loss hap- pen without lus willful default and neglect. 3. Authority of executor to sell lands. Also, I authorize my executor, with all convenient speed after my decease, to bargain, sell and alien in fee simple, all those my lands called , situate in . 4. Devise to a wife in lieu of her dower. Also, I devise to my wife, R. B., the house in which I now live, and the building appurtenant to the same, and the house- hold furniture of every kind, now being in said house, and the following described tract of land, &c. To have and to hold to her, the said R. B., for the term of her natural life, in lieu and in full satisfaction of her dower, and of all her right of dower in and out of all the lands and tenements whereof I shall die seized, [or of all her right of dower in any and all lands and tenements whereof I now am, and have been, or hereafter shall be seized, during my marriage to my said wife.] 5. When a chUd has received all that is intended for him. My son, G. H., having already received all that I intend to give him [or what I consider as his portion of my estate] nothing is given him by this will. [4.] FOKM or A CODICIL. I, A. B., of , do make, publish and declare this writing to he a. codicil to my last will and testament, in manner fol- PROBATE FORMS. 327 lowing, viz. : I give to my niece, M. E., one gold watch. I give to my nephew, I. G., the two shares in the Cumberland Bank which are owned by me. It is my desire that this, my codicil, be annexed to, and made a part of my last will and testament. Dated (Sig-'J) ^-B- (^^^1-) Signed, sealed, published and declared by the above named A. b!, as a codicil to be annexed to his last will and testa- ment, in presence of us, who, at his request, and in the pres- ence of each other, and in his presence, have subscribed our names as witnesses thereto. R. S. W. T. T. H. [5.] FORM OF A NUNCUPATIVE WILI,. The last will and testament of , in the county of • deceased, declared by him by word of mouth, in the time of the last sickness of the deceased, and in his usual dwelling, on the day of , in the presence of us, who, at the time of pronouncing the same, were requested by the testator to bear witness that such was his will, and who have sub- scribed our names as witnesses thereof: My will is, that — [here insert the very words.] In witness whereof, we have hereunto set our hands, the day of , 18 — . A. B. CD. E. F. [6.] PETITION BT EXECUTOR FOR PROBATE OF A WILL. To the Represents A. B., of , in the county of , that C. D., late of , in said county of , died on the day of , seized and possessed of real estate, goods, chattels, rights and credits, in said county of , and made his last will- and testament in writing, and therein appointed youf petitioner executor thereof. And your petitioner further represents, that he is willing to accept said trust, and is prepared to prove said will. 328 MAINE TOWNSMAN. Wherefore he prays that said last will may be duly proved, approved, and allowed. A. B. Dated [7.] REFUSAL OF EXECUTOR TO ACCEPT THE TRUST. To the court of probate in and for the county of - Represents A. B., of , in the county of , that • late of said , deceased, testate, in his last will and testa- ment, appointed your petitioner executor thereof; and it being inconvenient for him to perform the duties of executor, he declines to accept that trust. A. B. Dated [8.] PETITION FOR A COMMISSION TO TAKE DEPOSITIONS TO PROVE A WILL. To the court of probate in and for the county of - Represents A. B., of , in the county of , [addition] executor to the last will and testament of , [addition] late of said , deceased, testate, that the witnesses thereto live out of the state, [or more than thirty miles distant, or by rea- son of age and indisposition of body, are unable to attend court.] He therefore prays that your honor would authorize, by com- mission, some magistrate to take the deposition of such wit- nesses, in writing, and cause the same to be returned into pro- bate court as soon as may be. A. B. Dated The executor, on being qualified, must give bond to the judge of probate, similar to that required of an administrator. [9.] WAIVER BY THE WIDOW OF THE PROVISION MADE FOR HER IN THE WILL OF THE HUSBAND. To the honorable judge of probate for the county of - Respectfully represents C. D., widow of A. B., late of - in said county, [addition] deceased, testate, that said A. B. in and by his last will and testament made provision for her, which is not satisfactory to your petitioner. She therefore waives the provision made for her, as aforesaid, and prays PROBATE FORMS. 829 that her dower in his said estate may be assigned to her ac- cording to law. Dated at , .this day of , 18 — . Note. The above waiver should be made within a reason- able time after probate of the will. [10.] NOTICE OF administrator's oe executor's ap- pointment. Notice is hereby given that the subscriber has been duly appointed administrator [or executor] of the of , late of , in the county of , deceased, and has taken upon that trust by giving bonds as the law directs. All persons having demands against said estate are request- ed to exhibit the same ; and all persons indebted to said estate are called upon to make payment. Dated at , the day of , 18 — . [11.] affidavit of posting notice of executor's appointment. I, A. B., testify and depose that I have caused notifications of iny being appointed executor of th« last will and testament of , late of , in the county of , deceased, to be posted in two public places in the said town of , viz. : one at the post office , and one at , and in one public place in each of the two next adjoining towns of , within three months from the time of taking upon the trust aforesaid according to order. And the annexed is a copy of the original notifications published as aforesaid. Note. An affidavit by the executor or administrator him- self, of his having posted the notices, is sufficient ; in which case, he merely says, — " A. B. makes oath that, agreeeably to the order of the judge of probate for said county, dated the day of , he did within three months frch the said date, &c." Sworn to, &c. The law requiresthe affidavit to be filed within seven monthsi 28* 330 MAINE TOWNSMAN. [12.] INVENTOET. An inventory of the estate of A. B., lattf of P — —> in the county of , deceased, taken in pursuance of the warrant hereto annexed, the day of , 1858. The homestead farm containing about acres, Lot of land called , containing acres, Fersooal estate. Cash, Stock of goods in store, 1 horse, 1 cow, V Schedule of Notes. Note of A. B., for $25, dated 1st May, 1848, and int. « « C. D., « 50, " 1st June, 1849, and int. « « E. F., " SO, « 3d July, 1849, and int. -r 'i^' >• Appraisers. E» F., ^Executor \j}r Administrator.'] Note. The oath should be written on the inventory. The following articles may be omitted in the inventory, viz., all articles of apparel or ornament of the widow, according to the degree and estate of her husband ; apparel and school books of minor children ; wearing apparel of the deceased, not exceeding $100 in value ; provisions for the use of the family not exceeding $60 in value. [13.] PETITION BT WIDOW FOR ALLOWANCE OP PEESONAL ESTATE. To the , Represents A. B., widow of C. D., late of , in said county of , deceased, that said C. D. died possessed of PROBATE FORMS. 831 personal estate, an inventory whereof has been duly returned ; that she is entitled to receive more of said personal estate than she can have on a distribution thereof; [or that the estate is insolvent.] [Here state the circumstances -which entitle her to an allowance, such as minor children, sickness, &c.] She therefore prays that such an allowance may be made her out of said estate for her support and comfort as may be deemed necessary. Dated A. B. Note. Notice should be given to the heirs, &c., if the estate is solvent ; and if it is insolvent, to the creditors. [14.] PETITION FOR SALE OF PERSONAL ESTATE BT ADMINISTRATOR. To the , Represents A. B., administrator of the estate of C. D., late ' of , in said county, deceased, that an inventory of said estate was duly returned into the probate office of said county, within three months last past, [or within six months last past ;] that the personal estate returned in the said inventory was appraised for more than its true value, [or that certain articles (name them) are perishable, and are losing in value.] He therefore prays that he may have license to sell the said per- sonal estate at public auction, a<;cording to la^. A. B. Dated [15.] ACCOUNT OP SALES OF PERSONAL ESTATE, MADE BT ORDER OP THE JUDGE. Account of sales of the personal estate of C. B., late of , in the county of , gentleman, deceased, intestate, made agreeably to a license of the judge of probate for said county of , on the day of , 1858. Dated the day of , 1858. Articles mTeotoried. 1 horse, 1 yoke of oxen, 1 cow, 10 sheep. Appraised value. Gain. | Loss. $75,00 $80,00 $5 80,00 75,00 $5 20,00 10,00 10 18,00 . 17,00 1 $193,00 I $182,00 I $5 | $16 332 MAINE TOWNSMAN. [16.] FORM OF REPRESENTATION OF AN INSOLVENT ESTATE. To the honorable judge of probate in and for the county of . Represents A. B., administrator of the estate of C. D., late of , in said county, deceased ; that such are the condition and circumstances of the estate of said deceased, so far as has come to his knowledge, and which he is ready to lay before said judge, that it appears to him to be insolvent. He therefore rep- resents his estate as insolvent, and prays that your honor would nominate and appoint commissioners to receive and examine the claims of the several creditora thereof, according to law. A. B. Dated at , the day of , 1858. Note. The administrator must furnish evidence of an apparent insolvency, whereupon the judge issues a warrant, appointing commissioners to receive and examine all the claims . of creditors against the estate of the deceased, who are to be sworn, appoint times and places of meetings for that purpose, and give notice of the same. [17.] OATH OF COMMISSIONERS. -, 1858. Then the above named , , personally appeared, and made solemn oath that they would faithfully and impartially discharge the trust reposed in them by the forego- ing commission. Before me, , Justice of the Peace. [18.] commissioners' RETURN. Pursuant to the foregoing warrant, we, the undersigned, commissioners, have been sworn and have given notice of the times, places, and purposes of our meetings, as directed in the foregoing warrant, and have received, and examined, and allowed the claims against said deceased that have been pre- sented to us, as follows, viz. : — PROBATE FORMS. 333 Names of cliumiiiits. | Li8t of claims laid before up. [ Allowed on each claim. A. B. CD. E. F. $25 12 Dated the day of - H, G. H.} Commissioners. [19.] commissioners' l^OTICE TO CREDITORS. We, having been appointed by the judge of probate for the county of , to receive and examine the claims of the cred- itors of A. B., late of C, in said county, deceased, whose es- tate is represented insolvent, give notice that six months, com- mencing the day of , have been allowed to said creditors to bring in and prove their claims ; and that we wiU attend the service assigned us, at the office of O. L., in P., and on the day of , of the following months, from o'clock to 'o'clock, P. M. H. I. F. T. Dated this day of , 1858. [20.] PETITION OF A CREDITOR FOR EXTENDING COMMIS- SION OP INSOLTENC'^. To the judge of probate in the county of . A. B., of , respectfully represents that he is a creditor of C. D., late of , whose estate has been represented insolvent, and a commission of insolvency thereupon issued, in which six months were allowed to the creditors of said deceased to bring in and prove their claims before the com- missioners, which time has elapsed; that during said six months the petitioner was out of the state, [or had no notice of the insolvency, or sittings of the commissioners,] and did not present his claim ; he therefore prays your honor to allow a further time for him to produce and prove his claim before said commissioners. Dated A. B. 334 MAINE TOWNSMAN. [21.J OBJECTIONS TO REPOET OF COMMISSIONEES. 1. Notice of creditor whose claim has been rejected. To the honorable judge of probate, within and for, &c. A. B., of C, in said county, respectfully represents that he is a creditor of D. E., late of , in said county, deceased, whose estate has been represented insolvent ; that he pre- sented his claim against the deceased to the commissioners of insolvency on said estate ; which claim, as appears by the report of said commissioners, returned into the probate office within twenty days last past, they have rejected wholly, [or in part.] I therefore make known my intention to commence and prosecute an action for the recovery of said claim, as soon as may be. Dated this day of , 1858. 2. Notice of objection by administrator to claim allowed. To the judge of probate within and for the county of . A. B., administrator of the estate of C. D., late of E., in said county, deceased, represented insolvent, respectfully rep- resents that it appears by the list of claims returned into the probate office within twenty days last past, that the commis- sioners have allowed a claim [or in part] in favor of I. P., of E., in said county, against the deceased, with which I am dis- satisfied ; I therefore pray your honor to strike said claim from out of the commissioners' report ; that said I. P. may commence and prosecute at common law his suit for the recov- ery of the same, if he see fit. A. B. Dated at . Note. A copy of the above, with the register's certificate thereon, the administrator must cause to be served on the creditor within the twenty days. [22.] KULE TO BEFER CREDITOR'S CLAIM. Whereas the commissioners of insolvency on the estate of C. D., late of E., in the county of , deceased, have duly returned into the probate office for said county, a list of claims against the estate of said deceased, and have therein allowed PEOBATB POEMS. 835 to I. P., of , in said county, a claim, with which A. B., administrator of said estate, is dissatisfied, [or have rejected the claim, in part or wholly, of I. P. of :] Therefore we, the said A. B., administrator as aforesaid, and said I. P., have agreed, and do hereby agree, to submit the said claim which is hereunto annexed, to the determination of , , , the report of whom, or a major part of whom, being made as soon as may be to the court of probate for said county, is to be final ; and the amount reported is to be added to said list of claims when ascertained. In witness whereof we have hereunto subscribed our names, at P , this day of , in the year A. D. 1858. Note. The above rule is to be signed and acknowledged by the parties at a court of probate. [23.] EEPEEEES' EEPOET ON EULE AFOEESAID. A , , 18-. Pursuant to the foregoing rule, we, the referees therein named, have notified, met, and fijlly heard the parties and their evidence, and are of the opinion, and do accordingly report, that the claim justly due to the said I. P., from the estate of C. D., is dollars. [Or, that nothing is, due to said I. P. from the estate of said C. D.] K. H. W.D. J. C. [24] EULE TO EEFER ADMINISTEATOE'S CLAIM. Whereas A. B., administrator of the estate of C. D., late of E., in said county, deceased, has exhibited to the judge of probate for said county, his claim against the deceased for allowance, and said claim is disputed by E. F., heir of said deceased : Therefore we, the said A. B., administrator as aforesaid, and E. F., have agreed, and do hereby agrfee, to submit the said claim, which is here annexed, to the determination of D. C, R. S., L. B., the report of whom, or major part of whom, is to be made as soon as may be, and returned into the probate court for said county. In witness whereof, &c. A. B. E.F. 336 MAINE TOWNSMAN. [25.] PETITION FOR CITATION TO EXECUTOR OB ADMIN- ISTRATOR TO SETTLE ACCOUNT. To the honorable judge of probate for the county of A. B., of C, heir of C. D., late of E., in said county, deceased, [or E. T., of W., one of the creditors of, &c.] re- spectfully represents that on the day of , E. F. was duly appointed administrator [or executor] of the estate of said C. D., and that a year has elapsed since the appointment of said administrator [or executor] ; wherefore he prays that the said E. F. may be cited to settle his account, and distribute the ■ balance thereof among the heirs of said deceased ; and failing so to do, that he may be removed from said office or trust. [Or, that license may be granted to commence and prosecute a suit on his bond.] A. B. Dated [26.] PETITION OP ADMINISTRATOR OF AN INSOLVENT ESTATE FOR EXTENDED TIME TO SETTLE HIS FINAL ACCOUNT. To the honorable judge of probate, &c. A. B., administrator of the estate of C. D., late of E., in said county, deceased, represented insolvent, respectfully rep- resents that the list of claims against the deceased was re- turned into the probate office, on the day of last ; that the difficulty of collecting the debts due to the deceased, [or a suit pending ; here insert the reason ;] will prevent your petitioner from making a final settlement of his account of adnflnistration within the time limited by law ; wherefore he prays your honor to grant an extended time for that purpose. Dated A. B. [27.] PETITION OF ADMINISTRATOR FOR SALE OF REAL ESTATE. To the honorable judge of probate for the county of - A. B., administrator of the estate of C. D., late of E., in said county, deceased, respectfully represents that the goods, chattels, and credits of said deceased are not sufficient to pay his just debts and charges of administration, by the sum of dollars, as appears by the certificate of the register of probate, herewith produced. Wherefore your petitioner prays PEOBATB FORMS. 337 your honor to grant him a license to sell and convey so much of the real estate of said deceased, [including the reversion of the widow's dower therein,] as may be necessary to satisfy said debts and incidental charges, and charges of administration. A. B. Note. Order of notice issues to the heirs ; but if the estate is insolvent, notice should be given in some newspaper. [28.] PETITION OF EXECUTOR OK ADMINISTRATOR TO SELL THE WHOLE REAL ESTATE, WHEN BY A PARTIAL SALE THE WHOLE WOULD BE INJURED. To the, &c. A. B., executor of the last will and testament [or adminis- trator of the estate] of C. D., late of , in said county, deceased, respectfully represents that the goods, chattels, and credits of said deceased are not sufficient to pay the debts which said deceased owed at the time of his decease, and just charges of administration, by the sum of dollars ; and that by a partial sale of the real estate of said deceased, the residue thereof would be greatly injured; wherefore your petitioner prays said court to grant him a license to sell and convey the whole of the real estate of said deceased, at public auction or private sale. " A. B. Dated Note. The administrator, previous to fixing on the time and place of sale, should take the oath by law prescribed, and give bond, and thirty days' notice of said sale, by posting up notifications thereof in some public place in the town where the real estate lies, in two adjoining towns, and in the town where the deceased last dwelt. [29.] FORM OP OATH BEFORE SALE. I, A. B., do solemnly swear, [or affirm,] that in disposing of the real estate belonging to C D., late of , in the county of , now deceased, I will use my best skill and judgment in fixing on the time and place of sale ; and that I will exert my utmost endeavors to dispose of the same in such manner as will produce the greatest advantage to all persons 29 V 338 MAINE TOWNSMAN. interested therein ; and that without any sinister views what- ever. A. B. Note. The oath may he administered by a justice of the peace. [30.] FORM OF CONDITION OF BOND, ON LICENSE TO SELL EEAL ESTATE FOK PAYMENT OF DEBTS. (Obligation the same as in executor's bond.) The condition of this obligation is such that, whereas the above-bounden A. B., in his capacity of administrator of the estate of C. D., late of , in said county, deceased, at a court of probate holden at , within and for said county, on day of instant, obtained license to make sale of so much of the real estate of said deceased as will produce the sum of dollars : Now, therefore, if the said shall, in all things relating to such sale, govern himself by the laws of said state, so that the interest of the creditors and heirs shall be best secured ; and, moreover, shall well and truly apply the proceeds of such sale, or so much thereof as shall be necessary for the purposes aforesaid, and for the overplus, if any, shall be responsible to the heirs or legatees of said deceased, and thereof, and of his whole proceedings in the premises, shall render upon oath a just and true account to the judge of probate for the time being, of the same county, when and so often as he shall he thereunto lawfully required, then the above obligation to be void ; otherwise to remain in full force. A. B. (seal.) C. D. (seal.) E. F. (seal.) Signed, sealed, and delivered ) in the presence of — — . j [31.] ADVEETISEMENT FOB THE SALE OF REAL ESTATE. Notice is hereby given that by virtue of a license from [court] there will be exposed for sale, at the house of ^, in , on the day of next, at — o'clock in the noon, so much of the real estate of , in the pounty of , deceased, as will produce the sum of , for the payment of. PROBATE FORMS. 339 his debts and incidental charges of sale. Said real estate con- sists of , and is situated, &c. Dated this day of . C. D., Administrator. Note. The form may be varied according to the nature of the license obtained. [32.] AFFIDAVIT OP POSTING, OR PUBLISHING NOTICE OP THE SALE OF LAND, BEFORE A JUSTICE OF THE PEACE. I, A. B., testify that at the request of C. D., administrator, &c., [or executor, &c.,] I caused an advertisement, whereof the foregoing is a true copy, to be published in the , printed at , on the day of , three weeks successively, pre- vious to said day of sale, [or , at the request, &c., I caused advertisements, whereof the foregoing is a true copy, to be post- ed at the house of , in , in the county of , where the land lies, at , and , the two next adjoining towns, and at , in , where the deceased last dwelt, thirty days before the day appointed for the sale.] A. B. C , ss. On the day of , A. D. 18 — , the above-named A. B., who resides more than ten miles from the probate office in said county, personally appeared^ before me, and made oath to the truth of the foregoing aifldavit by him subscribed. E. F., Justice of the Peace.^ [33.] POEM OP administrator's deed. Know all men by these presents, that I, A. B., of , in the county of , in the State of , administrator of the goods and estate which were of C. D., late of , deceased, intestate, having, by an order of the court, held at , within and for said county of , on the day of , 18 — , obtained license to make sale of so much of the real estate of said deceased as would produce the«um of dol- lars, for the paj'ment of his debts and incidental charges of sale ; [or the whole of the real estate of said deceased, be- cause a partial sale thereof would greatly injure the residue ;] and in pursuance of said license, gave notice that said real estate would be offered for sale at public vendue, on the — — 340 MAINE TOWNSMAN. day of , [which said sale was adjourned from the said day to the present day, if so ;] and on this day, at , the following described real estate [here describe the estate sold] was offered for sale, and was then and there struck off to E. F., of P., in said county, for the sum of dollars, he being. the highest bidder therefor. Now, therefore, know ye that I, the said A. B., by virtue of the power and authority in me vested as aforesaid, and in consideration of the aforesaid sum of dollars, to me paid by the said E. F., the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey to said E. F., his heirs and assigns, the above- described land, with all the privileges and appurtenances to the same belonging. To have and to hold the same to him, the said E. F., and his heirs and assigns forever. And I, the said A. B., for myself, and my heirs, executors, and adminis- trators, do hereby covenant with the said E. F., his heirs and assigns, that I am the legal administrator of said estate ; that I have conformed to all the requirements of the law in obtain- ing license and making sale as aforesaid ; and that I have good right and lawful authority to sell and convey said lands as aforesaid. In witness whereof, I, the said A. B., have hereunto set my hand and seal this day of , 18 — . [The date should be the day of sale.] A. B, (seal.) Signed, sealed, and delivered > in presence of . j Note. Administrators should preserve all the evidence of having advertised and sold the estate. [34.] PETITION FOR AUTHORITY TO CONVEY REAL ESTATE OP A PERSON DECEASED, IN COMPLIANCE OP A BOND OR CONTRACT MADE BEFORE HIS DEATH. To the court of probate in and for the county of . A. B., of g, respectfully represents that C. D., late of on the day of , being then in full life, by his agreement in writing of that day, by him duly subscribed, and here in court to be produced, bound himself to convey, by good and sufficient deed, to your petitioner the following de- scribed real estate, [describe it,] upon condition that your peti- PROBATE FORMS. 341 tioner paid or caused to be paid to Lim the sura of ■ dollars; Now, your petitioner avers, that he has fully performed the condition aforesaid, on his part to be performed, [or stands ready to perform it ;] but the said C. D. has been prevented Jby death from making and executing a deed as aforesaid ; [or ;] and your petitioner further represents, that E. F., of — , is the legal administrator of C. D. ; wherefore he prays your honor to grant license to said E. F., empowering him to make and execute a deed to your petitioner, pursuant to the obligation aforesaid. A. B. [35.] FOEM OF PETITION FOR ADMINISTRATOR OR EX- ECUTOR TO SETTLE HIS ACCOUNT. To the honorable judge of probate for the county of . A. B., of C, heir of C. D., late of E., in said county, de- ceased, respectfully represents, that on the day of , E. F. was duly appointed administrator [or executor] of said C. D., and that one year has elapsed since the appointment of said administrator, [or executor.] Wherefore he prays that the said E. F. may be cited to settle his account, and distribute the balance among the heirs of said deceased ; and failing to do so, tliat he may be removed from the said office and trust ; [or that license may be granted to commence and prosecute a suit on his bond.] A. B. [36.] COMPLAINT AGAINST ONE WHO HAS BEEN INTRUSTED WITH PART OF THE DECEASED'S ESTATE, AND REFUSES TO RENDER ACCOUNT. To the honorable judge of probate for the county of - Complains upon oath, C. D., executor of the last will and testament [or administrator upon the estate] of A. B., late of , deceased, that he, some time since, intrusted E. F., of , with , being a part of the estate of the said A. B., deceased, and that said E. F. has refused to render account thereof to your complainant, although he has been requested so to do. Wherefore he requests that said E. F. may be sum- moned before your honor to render such account, as by law he' ought to do. CD. , Dated 29* 842 MAINE TOWNSMAN. [37.] COMPLAINT AGAINST ONE WHO IS SITSPEOTED OP OONOEALING GOODS OP A DECEASED PERSON. To the honorable judge of probate for the county of - Complains upon oath, C. D., administrator upon the estate of A. B., late of , deceased, that he has good cause to suspect that E. F., of , has concealed or conveyed away , part of the estate of the said deceased ; wherefore he requests that said E. F. may be cited before your honor, to be examined concerning the premises, or otherwise dealt with as the law in such cases directs. C D. Dated [38.] PETITION FOB DIVISION. To the honorable judge of probate for the county of .. A. B., of C, in said county, respectfully represents that he is seized, as an heir with others, [name them,] in the real estate whereof B. B., late of , died seized and possessed, an in- ventory whereof has been duly returned into the probate office ; that his portion of the same is, [one third] which he is desirous of holding and possessing in severalty. He therefore prays that your honor would grant a warrant to suitable persons, au- thorizing them to make a division of said estate, and set off to each heir his proportion of the same. Dated A. B. [39.] PETITION FOR DIVISION ACCORDING TO THE WILL. To the honorable judge of probate for the county of . A. B., of , respectfully represents that he is devisee of C. D., late of , in said county, deceased ; that he holds by virtue of the last will and testament of said deceased, in common and undivided with [name them,] the following described real estate, [describe it ;] an inventory whereof has been duly returned into the probate ofiSce ; that the share of your petitioner is [one fifth,] which he is desirous of holding and possessing in severalty ; wherefore he prays that partition of said estate majr be made among all the devisees aforesaid, pursuant to law. A. B. Dated PROBATE FORMS. S43 [40.] commissioners' return. Pursuant to the annexed warrant, we, the undersigned, commissioners, having notified E. F., G. R., I. H., heirs, [and L. M., tenant in common,] who were present, [state who were present,] have appraised all the real estate of which the said C. D. died seized and possessed, as follows, viz. : — We have also set off to E. F., eldest son of said deceased, the following described piece or parcel, [description ought to be accurately made;] and whereas the following described piece of land [describe it] cannot be subdivided without great inconvenience, and is of greater value than the share of an heir, we have set off the same to G. E., and do award that he pay the sum of dollars to I. H., one of the heirs of said deceased, in such manner and time as the judge may direct. [If a division cannot be made, add,] And we are of opinion that the said real estate cannot be divided among the heirs [or devisees] without great prejudice to or spoiling the whole. Dated, [41.J COMPLAINT AGAINST ONE WHO REFUSES TO PAY HIS PROPORTION OP THE CHARGES OP DIVISION. To the honorable judge of probate for the county of A. B., of , complains that C. D. has neglected, and does still neglect, to pay his proportion, being part of the charge of dividing the real estate of E. B., late of , as settled and allowed by your honor, on the day of - He therefore prays your honor to grant him a warrant of distress against the said C. B. for the sum of dollars, to- gether with the costs of this complaint, and that proceedings may be had thereon. A. B. Dated 344 MAINE TOWNSMAN. [42.] PETITION FOK LICENSE TO SELL THE EEVEESION OF THE widoty's DOWEK. To the honorable judge of probate for the county of . A. B., executor of the last will and testament [or adminis- trator of the estate] of C. D., late of , deceased, respect- fully represents that the claims of creditors on said estate [which has been represented insolvent, as allowed and exhib- ited by the commissioners who were appointed to receive and examine the same,] amount to more than the personal estate was sufficient to pay ; that he has petitioned the court, and obtained license to sell the real estate of said deceased, con- sisting of , except the widow's dower thereof; but as it is probable that the same will not sell for a sum sufficient to pay the whole of said claims, and that it would, in his opinion, sell for a higher price, [or be more for the interest of the creditors, and,] if the reversion of said dower were sold at the same time. He therefore requests your honor to order him to sell the same according to law. A. B. Dated [43.] PETITION FOE LICENSE TO SELL THE EEAL ESTATE OP A MINOK, [OE NON COMPOS.] To the honorable justices of the supreme judicial court, next to be holden at , in and for the county of , on , the day of , 18 — . A. B., guardian of C. D., minor, and son of E. F., late of -, deceased, respectfully represents that the said C. D. is interested, what the real estate of said E. F., [describe how he is interested in the estate is, and all the circumstances,] and that therefore it would be for the benefit of said minor [or non compos] that his said interest in said estate should be sold, and the proceeds thereof secured to him on interest. Your petitioner therefore requests your honors to grant him license to make sale of the same, agreeably to the provisions of law. A. B. Dated [44.] CLAIM OP APPEAL. To the honorable judge of probate for the county of A. B., [executor, administrator, heir or creditor,] of C. D., late of P., in said county, deceased, claims an appeal from PROBATE FORMS. 345 your honor's decree, [state the subject of the decree,] made and passed within , last past, viz., at a probate court jielj at , to the supreme court of probate next to be holden at . A.B. Dated Note. On claiming an appeal, a bond must be filed. [45.] REASONS OF APPEAL. A. B., having claimed an appeal from the decree of the judge of probate for the county of , and filed his bond in the probate office for said county within ten days last past, now presents the following reasons of appeal, to the end that the same may be received and filed in the probate office afore- said, pursuant to law. 1st. [State the reasons.] 2. [46.] CONDITION OP BOND ON APPEAL. (Obligation as in executor's bond.) The condition of the above-written obligation is such, that, whereas the said A. B., being interested in the estate of C. D., late of , did on the day of , from the order and decree of the judge of probate aforesaiS, made and passed at a probate court, held at , claim an appeal to the next supreme judicial court, the supreme court of probate, which is to be holden at . within and for the county of , on the day of next. If therefore the above-bounden A. B. shall, at the said supreme court of probate, prosecute said appeal with effect, and pay all intervening costs and damages, and such costs as said court shall tax against him, then the said obligation to be void and of no effect ; otherwise to remain in full force. A. B. (seal.) Signed, sealed, and delivered in ) presence of us, . J 346 MAINE TOVraSMAN. [47.] ADMINISTRATION ACCOUNT. The first account of administering the estate of C. D., late of E., deceased. The administrator charges And prays to be allowed himself for money received, as follows, viz. : — the following payments and charges : — 1857. June 1. For amount of personal estate exclusive of demands, per in- ventory No. 1, 1857. June 5. To paid r. a., widow, her al- lowance made by order of the judge, per receipt No. 5, July 1. « 10. Aiig.U. By amount of sales of real es- tate sold by license, per ac- count of sales No. 2, By cash, collected of sundry persons, as follows : [Set down items.] By gain on sals of personal estate sold at auction, per ac- count of sales No. 4, Julys. Aug. 1. To paid sundry debts to dif- ferent persons, as follows, viz. : (No. 6,) [Set down items.] To expense of administering said estate, viz.: [Set down items.] No. 1. A copy or duplicate of the inventory. No. 2. The account of sales of real estate, together with the license, and certified by the administrator or executor. 3. A list containing the debts collected, with names of the persons from whom collected, with amount from each and date of payment. 4. The account of sales of the personal estate, certified by the administrator. If there should be a loss instead of gain, it must be carried to the debtor's side of the account. No. 5. The order 'of allowance to the widow, with her re- ceipt thereon, of payment. No. 6. A list of debts paid, with names of persons to whom paid, and amount and date of payment, with the vouchers, numbered to correspond with the entries. If the estate is insolvent, no debts must be paid except taxes and funeral expenses ; and therefore No. 6 will not be necessary. [48.] THE SECOND ACCOUNT OP ADMINISTRATION, IP ANT IS NECESSARY, WILL BE AS FOLLOWS: A. B.'s second account of administering the estate of C. D., late of E , deceased. He charges himself- with bal- ance of former account, and all further sums received, and prays allowance of aU further payments and charges as before. PEOBATE POEBIS. 347 Note. Before the settlement of an administration account, notice must be given to the persons interested. It would save much time and trouble if administrators, before settling their account, would exhibit it to the persons interested, and obtain their consent in writing, or, if objected to, obtain theit objec- tion. All charges in administration accounts not thus assented to must be supported by proper vouchers. [49.] KBCEIPT TAKEN BY ADMINISTRATOR ON PATMENT OF CLAIM AGAINST THE ESTATE. Portland, November 3, 1857. Received of A. A., administrator of the estate of B. B., late of D., deceased, dollars, cents, in full for the within note [or above account] against the deceased. D. D. [50.] RECEIPT OF LEGATEE FOR HIS LEGACY. Portland, November 3, 1857. Received of A. A., executor of the last will and testament of B. B., late of , deceased, one hundred dollars [or whatever the legacy may be] in full for the legacy bequeathed me in and by said last will. D. D. [51.] RECEIPT BY HEIR FOR HIS SHARE IN THE PERSONAL ESTATE. Portland, November 3, 1857. Received of A. A., executor of the last will and testament of B. B., [or administrator of the estate,] late of C, deceased, dollars, in full for my share of the personal estate of the deceased. Note. An administrator on paying over to an heir his distributive share after settlement, an executor on paying to a legatee his legacy, or a guardian on paying over to his ward, or legal representative, his property, must take a receipt there- for similar to the above, and return the same to the probate office. 348 MAINE TOWNSMAN. GUARDIANS. [52.] PETITION FOE APPOINTMENT OF GtJAKDIAN. To the court of probate for the county of . Eespectfully represents A. B. that , late of , in said county of — ^, deceased, left , a minor, under the age of fourteen years, who ought to be under the charge of a guardian. He therefore prays that some suitable person may be appointed guardian. A. B. Dated Note. Several children may be included in the same peti- tion, if they are aU to have the same guardian. [53.] CHOICE of a guardian by a minok over the AGE OF fourteen YEARS. To the honorable judge of probate for the county of Respectfully represents A. B., of , in said county, a minor, above the age of fourteen years, and child and heir of E. E., late of , in said county of , deceased, that he does make choice of G. H., late of , in said county, to be his guardian. A. B. Dated [54.] representation respecting a non compos. To the honorable judge of probate for the county of . Respectfully represents A. B., of , in said county, that C. D., of , is non compos mentis, and incapable to take care of himself. He therefore requests that inquisition be made, and a guardian appointed for the said C. D. as the law in such cases directs. A. B. Dated [55.] return of selectmen to the order of the JUDGE. Pursuant to the foregoing order, we have notified the said C D. to be present before us, who has accordingly attended ; PROBATE F0EM3. 34& and, after due examination and inquiry, we do adjudge said C. D. to bff non compvs mentu, and incapable to take care of himself. ) > Selectmen of ——, Dated. [56.] COMPLAINT OP SELECTMEN AGAINST AN INTEM- PERATE PERSON. To the honorable judge of probate for the county of . Complain , -,, selectmen of the town of ,. that in their opinion C. D.,, of said town, does by [recite the particulars of intemperance] so misspend, waste, and lessen his estate, as thereby to expose himself to want^ and the said town of to charge or expense for his main- tenance and- support. They therefore request your honor to appoint some person, or persons as guardian or guardians of the said C. D. [• Seleatmen of ——. [57.] PETITION OF GUARDIAN TO SELL EEAL ESTATE. To the honorable judge of probate for the county of Respectfully represents A. B., of , that he is guardian of " , minor, and child of , late of , in said county, deceased ; that said minor is seized and possessed of the fol* lowing described real estate, situated in , in said county, and that it would he for the benefit of said minor that the same should be sold, and the proceeds thereof put out and secured to him on interest, viz. :. [describe the estate.] Where- fore he prays that he may be licensed and authorized to sell the same at public auction. A. B. Datedi The guardian, as well as an administrator and executor, is required to give bond tha"t he will comply, with tiie rules, of law, and use due diligence in executing the trust, and apply the proceeds of the sMe, aieeoixling to- law. ao ' 350 MAINE TOWNSMAN. [58.] DEED BY GUARDIAN OF MINORS. Know all men by these presents, that I, A. B. of y gentleman, as I am guardian of C. D. and E. F., minors, undci, the age of twenty-one years, by virtue of the power and au- thority granted me in my said capacity by the supreme judicial court, holden at , on , in consideration of the sum of , to me paid by G. H., of , the receipt whereof I do hereby acknowledge, being the highest sum bid for the, &c., hereinafter described, at a pubhc vendue, legally had and noti- fied, do grant, bargain, sell, and convey unto the said Gr. H., his heirs and assigns, a certain messuage, &c., situate, &c., bounded, &c., and all the privileges and appurtenances to the same in any wise appertaining and belonging. To have and to hold the granted premises to him, the said G. H., his heirs .and assigns, to his and their use and behoof forever. And I, the said A. B., for myself, executors and administrators, do cove- nant with the said G. H., his heirs and assigns, that the said minors, at the time of executing this deed, are seized in fee of the granted premises ; that in making the said sale, I have in all things observed the rules and directions of the law, and that I will, and my heirs shall, warrant and defend the granted premises to the said G. H., against the lawful claims and de- mands of the said minors, and their heirs, and all persons claiming the same, by, from, or under them, or either of them. In witness whereof, &c. [59. PETITION FOB DOWER. To the court of probate for the county of - C. B., widow of A. B., late of , in said county, de- ceased, respectfully represents that the deceased died seized and possessed of real estate in this state, in which she is law- fully entitled to dower ; that no part thereof has been assigned to her by the heirs or tenants of the freehold, and that she is desirous of possessing and occupying the same in severalty ; she therefore prays that her dower in said estate may be as- signed and set out to her, and that commissioners may be appointed for that purpose, pursuant to law. Dated this day of , 1857. Note. Upon the foregoing petition, a warrant is issued by the judge, appointing three commissioners to assign and set off hfer dower. PROBATE FORMS. _ ^' J [60.] EETURN OP commissioners' ASSroNsftlNT Of ' " DOWEK. Pursuant to the annexed warrant, the undersigned commis- sioners have been sworn, and have notified A. B., C. D., E. F., and heirs, [and G. F., tenant, if the estate is in common,] who were present, [state who were present.] We then appraised all the real estate of which the said G. H. died seized and pos- sessed, viz. : [here make a particular description of the same, as in a deed.] One hundred acres of land situated in said P , and bounded as follows, [describe the boundaries,] with the dwell- ing house and barn thereon. Appraised at $2000 Wood lot " 200 Pew « 50 Income $60 $2250 One third part of the amount of income is $21. We do assign and set off to said F. H., for her dower, the following described parcels of the real estate aforesaid, [de- scribe the part set off, yielding one third of the income;] A. B. CD. E. F. Dated at . Note. Lands which yield no annual income ought not to be assigned for dower. ".' .. [61.] petition for filing and RECt)EDING- A COPT OF A WILL PROVED OUT OP THE STATE. To the honorable judge of probate for the county of - A. B., of P , [or C. D., an heir or creditor,] respectfully represents that N. D., late of P., has deceased, testate ; that his last will and testament has been duly proved and allowed in [insert the court] ; that your petitioner was appointed execu- tor of said will, and letters testamentary have been granted him by said court ; a copy of which will and of the probate thereof is here in court produced ; and your petitioner further represents that the said N. D. died possessed of real or per- S&2 MAINE T0WN6JIAN. sonal estate £describe it and where situated] in said county of , on which said will operates, and which ought to be administered according thereto. Wherefore he prays that the copy of said will and probate may be filed and recorded in the probate office in said twunty of , and such proceedings had thereon as to Jaw and jus- tice shall appertain. A. B. Dated [62.] CAVEAT, OR EBQCEST OP A PERSON INTERESTED TO BE NOTEFIED BEFORE ANT PROCEEDINGS ARE HAD IN THE PROBATE COURT IN A CERTAIN ESTATE. To the court of probate for the county of - Respectfully represerWs A. B., of C, in said county, that he is one of the heirs of, and interested in, the estate of C. D., late of F , in said county, deceased. Wherefore he prays that no administration on said estate may be granted, [or vary the form to suit any case] until your petitioner has been duly noti- fied thereof. A. B. Dated [63.] NOTES. An administrator or executor should protect all the interests of the estate he represents. If the estate is solvent, he is the agent or trustee of the heirs i if insolvent, of the creditors. Negligence and delay in settling estates prove detrimental to the interest of the heirs and creditors. 1. He should therefore cause the inventory to be imme- diately taken. 2. He should cause tlie widow's allowance of personal es- tate to be obtained. 8. He should (if he do not take the personal estate at the appraised value) obtain a license to sell it, and make sale thereof; otherwise he is liable at the inventory. 4. He should be vigilant in collecting all debts due the estate, and in ascertaining all debts against the estate. 5. If the estate is solvent, he should pay all debts so soon as he has funds. 6. If the estate is insolvent, he should apply for license to sell the real estate, file a petition, and obtain an order of no- PROBATE FORMS. 353 tice. At this time he must exhibit an accurate list of all the outstanding debts, and an estimate of all the expenses of ad- ministration, and the amount of all the available funds due the estate. Before selling the real estate, he should cause the widow's dower, if any, to be assigned. 7. If the estate is insolvent, the administrator should apply for a commission of insolvency, and procure license to sell all the real estate. He must see that the report of the commis- sioners is completed and duly returned, and that the order of notice is taken out and published. 8. Before the administrator can settle his final account, a notice thereof must be given, and he must show that such no- tice has been published. His account, if practicable, should be exhibited to the heirs or creditors for their examination. 9. When the estate is large, and it^ necessary to settle an account previous to the final account, the proper time to do it is after the sale of the personal estate. 10. When the deceased person was member of a partner- ship, the whole partnership property shall be appraised, and the deceased person's share shall be carried out in the inven- tory. The property may then be left with the surviving partner, who shall give bond for its faithful management, and for the payment of the deceased's proportion over to the ad- ministrator, after settling the partnership debts. 30* -W MISCELLANEOUS FORMS. DEPOSITIONS. Form of Summons to Deponent. ss. To C. D., of , in the county of , Greeting. Whereas, A. B., of —sir-, in the county of , has requested me to take your deposition, to be used in an action now pend- ing between him and E. F., of , in the county of , and the , of , in the town of -, and the day of , at — of the clock, in the ^noon, are the time and place appointed for taking the same deposition ; you are there. fore required, in the name of the State of , then and there to appear, to testify what you know relating to said action. Dated this day of , A. D. 18 — . Justice of the Peace. Form of Citation to the adverse Party. ss. To , of , in the county of Greeting. Whereas, A. B., of , has requested that the deposition of C. D., of , may be taken to be used in an action of , pending between you and the said A. B., and the of , in , and the day of , at — of the clock in the noon, are the time and place appointed for said deponent to testify what he knows relating to said action ; you are hereby notified that you may be present and put such questions as you may think fit. Dated this day of , A. D. 18—. Justice of the Peace. Form of a Caption of a Deposition. , ss. On the day of , 1858, personally appeared the within-named A. B., at the office of , in (354) MISCELLANEOUS FORMS. 356 , in said county, and being first sworn to testify to the truth, the whole truth, and nothing but the truth, relative to the cause for which his deposition was to be taken, gave the fore- going deposition, which was reduced to writing by me, in his presence. Taken at the request of E. F., to be used in an action of , now pending between him and , before [here state the court, justice or referees, and the time and place of trial]. And the adverse party was notified to attend, and was present, [or not.] The said deponent living more than thirty miles from the place of trial [or, being so aged, infirm, or sick, as not to be able to attend the place of trial, or residing out of the state, or being bound to sea on a voyage, or being about to go out of the state before the session of the court, and not to return in time for the trial, or being confined in prison,] is the cause of taking this deposition. Note. Such deposition may be delivered by the justice or notary to the court, or referees, or be inclosed and sealed up by him, and directed as follows : — To the honorable the justice of the court, next to be holden at , within and for the county of , on the day of , next. The deposition of , to be used in case of A. B. vs. C. D., now pending in said court. Taken and sealed up by me. Justice of the Peace. The law requires that the deponent must be sworn 6efore giving his deposition. Deposition in Perpetuam, When any person wishes to perpetuate the testimony of any witness, he must make a statement in writing, on oath, to a magistrate, requesting the person selected to take the deposi- tion of such witness, who is required to give notice to all persons named in the statement, as interested. 1. Form of statement. To A. B., justice of the peace and quorum for the county of . C. D., of , in the county of , and state of ■ — ■, respectfully makes the following statement, to wit : [here set 356 MAINE TOWNSMAN. forth, in substance, his title, interest, or claim, in or to the subject to which the desired testimony relates, and the names of all persons who are supposed interested therein ; and also the name of each witness proper to be examined ;] where- fore he prays that notice shall be given to said , , , persons named as aforesaid, that the depositions of said , , , ma)' be taken before you, in relation to the premises, to be preserved in perpetual remembrance. CD. C , ss. June — , 1857. Personally appeared C. D., and made oath that he beHeyes the foregoing statement to be true. Before me, Justice of the Peace. 2. Form of notice. C , ss. To , of , in the county of , Greeting. You are hereby notified that the deposition of will be taken before A. B., justice of the peace and quorum, (or a notary public) for the county of , relative to [here state the matter to which the deposition relates] ; to be pre- served in perpetual remembrance of the thing ; and the office of , in , and the day of , at — o'clock in the noon, are appointed as the time and place for said deponent to testify what he knows relating to the said matter. Given under my hand (and seal) this day of , 1857. A. B., Justice of the Peace and Quorum. Note. There should be a return and affidavit of service of notice. 3. Form of certificate annexed to deposition. August — , 18 — . I certify that the annexed deposition was taken by me, A. B., justice of the peace and quorum for said county of , at my office in , in said county, on the day of , 1857, at — o'clock in the noon, at the request of , to be preserved in per- petual remembrance. And I duly notified , who were present, [or not, as the case may be.] Said deposition was reduced to writing by me, was read to and subscribed by the deponent in my presence, the said deponent having first made oath that he would testify to the truth, the whole truth. MISCELLANEOUS FORMS. 357 and nothing but the truth, relative to the matters for which his said deposition was to be taken. A. B., Justice of the Peace and Quorum. Note. The said statement, deposition, and certificate should within ninety days be recorded in the registry of deeds in the eouHty 'where the land lies, and, if not relating to real estate, in the county where some of the parties reside. Form of a Submission before a Justice of the Peace. Know all men by these presents, that we, A. B., of , in the county of , and C. D,, of , in the county of , have agreed to submit the demand made by the said • , against the said , which is hereunto annexed, [" and all other demands against the parties," as the case may be,] to the determination of , the report of whom [or the major part of whom] being made within one year from this day to the Supreme J. Court for the said county of , the judgment thereon shall be final. And if either of the parties shall neglect to appear before the referees, after proper notice given to them of the time and place appointed by the referees for hearing the parties, the referees may proceed in his absence. Dated this day of , A. D. 1858. A. B. CD. Acknowledgment. C , ss. June — , 18 — . Then personally appeared the above-named A. B. and C. D., and acknowledged the foregoing instrument, by them subscribed, to be their free act. Justice of the Peace. Form of demand annexed. A. B., of , demands against C. D., of , the sura of forty-five dollars, being the price of one yoke of oxen, sold and delivered by said A. B. to said C. D. [Or the amount of the acQount hereto written.] Notice by chairman of referees. To A. B., of . I have appointed the day of , at — o'clock in the , at the dwelling house of , in , county 358 MAINE TOWNSMAN, of , as the time and place for hearing the parties in the case submitted to us by C D. and yourself. E. T. Dated Arbitration Bond. Know all men by these presents, that I, A. B., of , am held and firmly bound to C. D., of , in the sum of ■ dollars, to be paid to said C. D., to which payment I bind myself and my heirs firmly by these presents. Sealed with my seal. Dated the day of , 18 — : The condition of this obligation is, that if said A. B. shall perform the award of , referees mutually chosen to adjudge and determine concerning all demands existing between the parties, so as said award is made in writing, then this obhgation shall be void. A. B. (seal.) Form of Award. The referees named in the annexed agreement, having given to the parties due notice of the time and place of hearing, and having all heard, examined, and considered the allegations, evidence and witnesses of both parties, do award that the said A. B. recover of the said C. D. the sum of dollars, and cost of reference, taxed at dollars. E. F. -i L. M. > Referees. J. E. ) Bill of Sale of Goods. Know all men by these presents, that I, A. B., of ■ merchant, for and in consideration of the sum of dollars, to me in hand paid by C. D., of the same place, at and before the sealing and delivery of these presents, (the receipt whereof is hereby acknowledged,) have bargained, sold, and delivered, and by these presents do bargain, sell, and deliver unto the said C. D., [here insert the particulars.] To have and to hold the said goods unto the said C. D., his executors, administra- tors, and assigns, to his and their own proper use and benefit forever. And I, the said A. B., for myself, and my heirs, executors, and administrators, will warrant and defend the said bargained premises unto the said C. D., his executors, admin- istrators, and assigns, from and against all persons whomsoever. In witness, &c. MISCELLANEOUS FORMS. 369 Note. No contract for goods, &c., for thirty dollars or more, shall be good unless the purchaser accepts something in earnest to bind the bargain, or some note in writing be signed by the party charged, or his agent. Letter of Attorney. Know all men by these presents, that I, A. B., of , do appoint C. D., of , my attorney, for me, and in my name, and to my use, (or his use,) [here recite the special purposes of the power,] to demand, recover, and receive of E. F., of , [all sums of money, debts, and demands whatsoever, which are now due and owing to me by or from said E. F. ;] [or, if to receive a legacy, say, " from I. B., executor of the will of A. B., late of , deceased, a legacy of dollars, bequeathed by said A. B. by his will, dated the , to be paid to me on " ;] [or, if to receive rent, say, " from E. F., of , all rent which is or may become due from him, for , leased by me to him " ;] [or, if to receive money due on a bond, say, " of E. F., of , the sum of , due to me by his bond, dated ";j [or, if to receive sailor's wages, say, "from any person, all such sums of money as or may be due me for wages from any vessel to which I do or shall belong " ;] and to commence and prosecute to final judg- ment all processes in law or equity ; to defend all suits against me ; and to settle and compromise all matters in dispute, or submit the same to arbitration ; and sufficient discharges for the same, for me and in my name, to execute and deliver ; and to do all other things concerning the premises, as fully as I myself could do, if I were personally present; hereby ratifying and confirming all the acts of my said attorney, or of his substitutes, by virtue of these presents. In testimony whereof, I have hereunto set my hand and seal the day of . Signed, sealed, and delivered ) A. B. (seal.) in presence of . | Note. If the letter of attorney go into another state, it should be acknowledged before a justice of the peace, or notary public. Revocation of the Power of Attorney. To all persons to whom these presents shall come, A. B. of , sendeth greeting. "Whereas I, the said A. B., by my letter of attorney bear- ing datfc , did constitute, &c., C. D. my attorney for ^60 MAINE. TOWNSMAN. certain purposes, and, witk certain, powers in tiie said letter of attorney contained : Now know ye that I, the said A. B., for divers considerations me hereunto moving, have made void and revoked, and do hereby make void and revoke, the said letter of attorney, and all and singular the powers given by virtue thereof. A. B. In witness, &c. Guarantee for Payment of Goods sold to a third Person. SiK : — , In consideration of your having agreed! to sell to C. D., of , in the way of his trade, such goodsi as he may call for, I, the: undersigned A. B.,, do- hereby promise to guarantee to you, the. said, E. F., that said C. D. shall make due pay- ment for such goods as you may sell to him or his order, according to the credit that may be agreed on for the same, without notice of any neglect or omission on the part of said C. Di, in the: payment of such goods ; provided my liability shsdl not exceed^, at, any one time,, the sum of dollars^ And this' guarantee shall continue in focce, until the expiration of one year from this date. Dated A. B. To Mr. E. F. COPARTNERSHIP, Agreement of Copartnership. A. B., of , and C. D;, of , agree as Mows: The parties agree to become partners for the purpose of buy- ing and selling such goods as are usually kept for sale or pur- chased at' a retail store, in the town of , for five years from this date. 1» The. style of said copartnership shall be and Company. 2. Said parties have each contributed one thousand dollars, as the capital stock of said firm. [Or as the case may be.] 3. All profits shall be equally divided; and all expen- sjss of the, basinesa, and all losses shall be equally borne in common. • 4,., Both, parties shall give all their time and attention to MISCELLANEOUS POEIltS. 861 the business of said firm for the common benefit ; and neither party shall engage in any trade or business for his private ad- vantage. 5. Correct books of account shall be kept, which shall al- ways be open to the inspection of both parties, or their legal representatives, in which shall be regularly entered all moneys received and paid, and all purchases, sales, transactions, and accounts relating to the business of said firm. 6. An account of stock shall be taken and the accounts between the said parties shall be settled as often as once in every year, and oftener if requested in writing by either party. 7. Neither of the said parties shall become surety for any person, or bind the firm for surety, in any case, without the written consent of the other. 8. No money or other property shall be withdrawn by either party, or applied to his own use, except with the writ- ten consent of the other party ; and in every such case the same shall be charged, and his share of profits reduced in pro- portion to the amount withdrawn. 9. At the close of the partnership, the stock, property, an4 debts shall be equally divided, after paying the debts and lia- bilities of the firm. Witness our hands and seals this day of , A. D. 18—. A. B. (seal.) Signed, sealed, and delivered 1 C. D. (seal.) in the presence of , j Note. The first entry ip the day-book should be the above agreement. Agreement to continue a Partnership. We, the within named A. B. and C. D., do, by these pres- ents, declare and mutually covenant and agree unto and with each other, his and their executors, administrators, and as- signs, to continue the joint trade and partnership within men- tioned for the further term of years, if both of us shall so long live, to be accounted from the expiration of years from the day of , 18 — , with all the provisions ancl restrictions herein contained. In witness, &c. 81 S62 MAINE TOWNSMAN. A Dissolution of Copartnership, A. B., of , and C. D. of , agree as follows : The partnership existing between said parties, under the firm of , is dissolved. Said A. B., in consideration of $ , paid to him by said C. D., grants and assigns to said C. D. all his interest and right in all the goods and stock of said firm, and in all the debts and demands due said firm, with full power to collect them by suit or otherwise in the name of said A. B., and for his own use. Said A. B. agrees that he will not do any act by which said C. D. may be delayed or hindered from collecting any of said debts or demands ; and that he will, on request, execute any proper instrument for enabhng said C. D. to collect the same. Said C. D. agrees to pay all debts and demands existing against said firm, and to indemnify and save harmless said A. B. from any loss, cost, damage, or expense to which he may be subject by reason of the same. . Witness our hands and seals, the day of , 18 — . Signed, sealed, and delivered ) A. B. (seal.) in presence of . j C. D. (seal.) Notice on Dissolution of Copartnership. Notice is hereby given that the partnership lately subsist- ing between A. B. and C. D., both of , under the firm of , expired on , (or was dissolved on , by mutual consent.) All debts owing to the said partnership are to be received by said A. B., and all demands on the said partner- ship are to be presented to him for payment ; (or A. B. is authorized to settle all debts due to and by the said company.) Notice where only one Partner leaves the Firm. Notice is hereby given that the partnership between A. B. and C. D. and E. F. was dissolved on the day of , so far as relates to the said E. F. All debts due to the said partnership are to be paid, and those due from the same dis- charged, at the store of the late firm in , where the busi- ness will be continued under the firm of B. and D. Note. It is proper to publish a notice immediately after a dissolution of a partnership, for the information of the public at large, and to send a special notice to all persons who had dealings with the company. MISCELLANKOUS FORMS. 868 Limited Partnerships in Maine. Persons forming such partnerships, shall sign a certificate as follows : — Notice is hereby given that the subscribers have formed a partnership under the name or firm of Wilcox & Eice ; that George Wilcox, of , and Charles Rice, of , are gen- eral partners, and Thomas Anderson, of , is special part- ner ; and that said special partner has contributed to the com- mon stock of said partnership the sura of five thousand dollars. The business to be conducted by said firm in the city of , is a general commission and forwarding business. Said part- nership commences on , and is to terminate on . Dated at Portland, this day of , 18 — . George Wilcox, Chakles Rice, Thomas Anderson. Note. The above certificate must be acknowledged by. all the parties, and recorded in the registry of deeds of the coun- ty ; and after such registry, published in a newspaper printed in the county^ AGREEMENT. General Form of Agreement. Articles of agreement, made and concluded, the day of , A. D. 18 — , by and between A. B. of , in the county of , of the one part, and C. D. of , in the county of , and State of Maine, of the other part. The said A. B. for the consideration hereinafter mentioned, doth hereby covenant and agree, that . And tlie said C. D. doth hereby covenant and agree . To the true performance of the several covenants and agree- ments aforesaid, the said parties do hereby respectively bind themselves, and their respective heirs, executors, and admin- istrators, each to the other, his executors, administrators, and assigns, in the penal sum of dollars. 864 MAINE TOWNSMAN. In testimony whereof, they have thereto interchangeably set their hands and seals, the day and year above written. A. B. (seal.) Signed, sealed, and delivered in ) C. D. (seal.) presence of J. D. and R. H. ) Agreement on Sale of Corn. It is agreed by A. B. of , and C. D. of , as follows : Said A. B. agrees to sell and deliver to said C. D., at his store in , on or before the day of , one hundred bushels of corn, warranted to be good and merchantable. Said C. D. agrees to pay said A. B. dollars, in cash, in full for said corn, on delivery. Witness our hands and seals the day of , 18 — . A. B. (seal.) Signed, sealed, and delivered ) C. D. (seal.) in presence of . / ^ to convey Lama. Said A. B. agrees to convey to said C. D. in fee, a certain tract of land [describe the premises] by a warrantee deed, in common form, for dollars, on or before the next. Said C. D. agrees to pay said A. B. dollars for the same, on delivery of the deed ; and said C. D. may enter upon and occupy the premises, on . [Insert a penalty for nonfulfillment.] If to build a House. Said A. B. agrees to construct and complete for said C. D., on lot numbered ^, on street, in M., a two story dwelling house, agreeably to the following plan and specifications, signed by the parties ; [here state the plan, &c.] to furnish all neces- sary materials, of good and suitable quality, and the work to be done in a thorough and workmanlike manner, on or before the next, for the sum of one thousand dollars. Said C. D. agrees to pay said sum of one thousand dollars, as follows : [here recite tlie time and manner of payments.] Witness our hands and seals, the day of -. MISCELLANEOUS FORMS. 365 Specifications for the Construction of Buildings. Note. Specifications for the construction of buildings are extremely various. All that will be attempted will be to direct attention to the particulars which would ordinarily be embraced in a specification. Specifications. Materials — size of building — hight of stories. Cellar. Size — depth — walls — quality of stone — thick- ness — how laid — posting — underpinning — depth — how hammered — lined. Cellar Windows. How many — where — size — sash — glass. Railway. Where — how constructed — doors. Frame. Size of timbers — floor joists — rafters — how far apart. Eoof. Pitch — how framed — qualities of boards — shingles, quality — length — how laid — weather and saddle boards — lead about chimneys — dormer windows — gutters — con- ductors — scuttle. Outside. How boarded — clapboards, quality — how laid — weather boards — pilasters. Chimneys. Foundations — quality of bricks — arch — trim- mers — fireplaces, how many — where — what sizes — hearths and jams, what — flues — size — separate — plas- tered — oven and ash hole — arched — kind of doors — chimney tops — quality of bricks — hight. Windows. How many — where — size — sashes — springs — weights — glass, size — quality — finish — outside — inside — shutters — blinds — fastenings. Doors. Outside — finish — inside — how many — size — thickness — panels — finish — locks — latches — finish of castings — steps — scrapers. Floors. Double — under floor — quality of boards — upper — quality — width — thickness -— seasoning — mop boards — width, &c. Lathing and Plastering. Furrings, how close — laths, quality — mortar — sand, what — hair — thickness — number of coats — how put on. Closets. How many — where — shelves — pins. Stairs. Front — what — finish — banisters — back, cellar, and garret stairs. Sink. How many — spouts, ■what, where — pump — where — what. 31* 366 MAINE TOWNSMAN. Assignment of a Debt or Bond. Know all men by these presents that I, A. B., of , in consideration of dollars, to me paid by C. D., of , do hereby grant, sell, and assign to said C. D. a certain debt due me from E. F., of , for goods sold and delivered, [or, if a bond, a certain bond, dated the , made to me by G. H. for dollars, conditioned for the payment of dollars,] with full power to collect and discharge or dispose of the same in my name, at his pleasure, at his own expense and risk. And I do hereby covenant that said debt is justly due, and that I have not done, and will not do any act by which the collection thereof may be hindered or prevented. Witness my hand and seal, the day of , 18 — . Signed and sealed in presence of . A. B. (seal.) Assignment by Indorsement of a Judgment, Mortgage^ or Lease. Know all men by these presents that I, E. D., the within named, in consideration of dollars, to me paid by L. M., of , do hereby grant and assign to said L. M. the judg- ment within mentioned, with full power to recover the same for his own use, at his own risk and expense. [If a mortgage, say, "do hereby grant and assign to said L. M. the within mortgage, the debt thereby secured, and all my right to the premises thereby conveyed."] [If a lease, then say, " do hereby grant and assign to him, the said L. M., the lease within written, and do hereby covenant that I have not done, and will not do any act by which said lease may be impaired."] Witness my hand and seal, the day of . E. D. (seal.) Assignment of a Dower. This indenture, made between A. B., of , and E. D., of , widow of C. D., late of , deceased, witnesses : — That A. B. hereby assigns to , [name the premises,] to hold to her, during her natural life, as her dower in all the lands and tenements whereof the said C. D. was seized at the time of his decease ; and said E. D. hereby accepts the said premises as her dower in all the said lands and tenements, and releases her right and claim to all the residue of the same lands and tenements. Witness Qijr hands and seals, the — — day of . Signed, sealed, and delivered \ A. B, (seal.) in presence of >. | E. D. (seal.) MISCELLANEOUS FOBMS. 367 Assi^ment of a Man's whole Estate in Trust for Ms Creditors. Know all men by these presents that I, A. B., of , in consideration of one dollar, to me paid by C. D., of , and of the trusts herein expressed, do grant and assign to said C. D. all my property, estate, rights, and credits, of every de- scription, (a schedule thereof is hereto annexed,) to have and to hold the same to said C. D. and his heirs, in trust to sell and dispose of said property to the best advantage, and collect and convert into money the said debts and demands, and after deducting from the procee^ of said property the expenses incurred by said C. D. in transacting the business, and a rea- sonable compensation for his services, to divide and pay the said proceeds among all the creditors of A. B. who shall be- come parties to this assignment within three months from the date hereof, in equal proportion of their respective claims. C. D. agrees to execute said trust, being responsible only for his actual receipts or willftil defaults. The creditors whose names are subscribed agree to said assignment, and that this instrument shall be a release in full of all their claims, when- ever their just proportion of all the proceeds of said property shall be paid. Witness our hands and seals, the day of , A. D. 18—. Signed, sealed, and delivered ) A. B. (seal.) in presence of . ) C. D. (seal.) Note. This assignment should be sworn to, as follows : — I do solemnly sw;ear that I have placed and assigned all my property, of every description, in the hands of said C. D., to be divided among all my creditors who shall become parties to said assignment within three months from the date thereof, in proportion to their respective claims. A. B. C , ss. 18 — . Personally appeared A. B., and made oath that the above affidavit, by him subscribed, is true. Before me, J. L., Justice of the Peace. A clause is usually inserted whereby the creditors covenant to discharge the debtor, in consideration of the assignment of Ms property. 368 JIAINE TOWNSMAN. Declaration of Trust. I, A. B., of , do hereby acknowledge and declare that a certain writing [here describe the particular instrument] is left and deposited in my hands, by and in trust for C. D. and E. F., of , to be held by me and my legal representatives only in trust, for the convenience, use, benefit, and advantage of said C. D. and E. F., and their legal representatives ; and on demand from them, or either of them, that I will produce the same, for the use of either or both of said parties. Witness my hand, the day of , 18 — . A. B • Bond. KJaow all men by these presents that I, A. B., of C, am held and firmly bound to C. D., of L., in the sum of dol- lars, to be paid to said C. D., or his attorney, executors, ad- ministrators, or assigns, for which payment well and truly to be made I bind myself, my heirs, executors, and administrators^ firmly by these presents. Sealed with my seal. Dated the day of . The condition of this obligation is such, that if the above bounden A. B., his heirs, &c., do and shall well and truly pay, or cause to be paid, unto the above named C. D., his execu- tors, &c., the full sum of dollars, with lawful interest for the same, on next ensuing, without fraud or delay, then tliiis obligation to be void ; otherwise the same shall re- main in full force. A. B. (seal.) Sealed and delivered in presence of . Release of Debt on mislaid or lost Bond. Know all men by these presents that I, A. B., of C, &c., have received of C. D., of said C, two hundred dollars, in full satisfaction of a certain bond bearing date the day of , A. D. 18 — , for the sum of four hundred dollars, with a condition to be void on payment of the sum of two hundred dollars in two years, made and executed by the said C. D. to me, the said A. B., (which bond is now lost or mislaid, so that it cannot be found to be delivered up to the said C. D. to be cancelled ;) and I do hereby release and discharge the said MISCELLANEOUS POEMS. 369. C. D. from all demands which I have against him by virtue of said bond. In witness whereof I have hereunto set my hand and seal, this day of , A. D., 18 — . Signed, sealed and delivered ) in presence of j A. B. (l. s.) J. S. 8. D. « Condition to maintain a Person, [Obligation as in the preceding bond.] The condition of this obligation is such, that if the said A. B. shall, during the natural life, of said C. D., suitably support and maintain the said C. D., and provide him with suitable clothes, food, drink, medicine, and nursing, and all other things necessary, in the house of said A. B. [or in such suitable house as said A. B. may provide,] then this obligation shall be void ; otherwise the same shall remain in fuU force. Condition of Indemnity for signipg- a Probate Bond. The *condition of this obligation is such, that if said A. B. shall indemnify said C. D. against all loss, cost, damage, and expense to which he may be subjected by reason of his sign-i ing, at the request, and as surety for said A. B. a bond to the judge of probate of the county of , in the penalty of dollars, conditioned for the faithful discharge by said A. B. of his duties, as executor of the" will of G. D., deceased, then this obligation shall be void ; otherwise, the same shall remain in full force. Condition of a Bond of a Treasurer of a Company. Whereas the above bound A. B. has been chosen treasurer of the trustees of Academy, by reason whereof he wiU receive into his hands divers sums of money, notes, chattels, and other things, the property of said trustees ; now the con- dition of this obligation is such that if said A. B., his executors or administrators, at the expiration of his said office, upon re- quest to him or them to be made, shall make and give unto the said trustees a true and just account of all such sum or sums of money, notes, chattels, and other things, as have come into his hands or possession as treasurer aforesaid, and shall pay X 870 MAINE TOWNSMAN. -and deliver over to his successor in office, or any other person duly authorized to receive the same, all such balance or sums of money, notes, chattels, and other things, as shall be in his hands, and due by him to the said trustees, then this obligation to be void, otherwise, &c. Condition to a Town for the Support of a Bastard Child. The condition of this obligation is such, that if the said A. B. shall indemnify the said town of from all expenses, costs, and damages which may accrue by reason of the birth, maintenance, or education of a certain bastard child with which one E. F. is now pregnant, and of which said E. F. has on oath complained that said A. B. is the father, then this obligation shall be void, otherwise, &c. Condition to pay a Woman for the Support of a Bastard Child. The condition of this obligation is such, that if said A. B. shall pay to said C. D., towards the support and maintenance of a bastard child of which said C. D. has lately been de- livered, and of which said C. D. has on oath complained that said A. B. is the father, per week, from the day , during years, if said child shall so long live, then this obligation to be void, otherwise, &c. • Mortgage Deed. Know all meif by these presents that I, William Allen, of Gorham, in the county of Cumberland, and State of Maine, trader, for and in consideration of dollars paid by Charles Knox, of Alfred, in the county of York, and state aforesaid, yeoman, the receipt whereof I do hereby acknowl- edge, have given, granted, bargained, sold and conveyed, and do hereby give, grant, bargain, sell and convey unto the said Knox and his heirs and assigns, forever, [describe the premises.] To liave and to hold the said premises, with all the privi- leges and appurtenances to the same belonging, to the said Knox, his heirs and assigns forever. And I do covenant with the said Knox, his heirs and assigns, that I am lawfully seized in fee simple of the aforegranted premises ; that they are free from all incumbrances ; that I have good right to sell and convey the same, in manner aforesaid ; and that I and MISCELLANEOUS FORMS. 371 toy heirs will warrant and defend the same to the said Knox and his heirs and assigns forever, against the lawful claims of all persons. Provided, nevertheless, that if I, the said Allen, my heirs, executors, or administrators, shall pay to the said Knox, his heirs, executors, administrators, or assigns, the sum of five hundred dollars, with interest, within one year from date, agreeably to my note of even date for that sum, payable to said Knox or order, then this deed shall be void ; otherwise it shall remain in full force. In witness whereof, I have hereunto set my hand and seal, this day of , A. D. 18—. William Allen, (seal.) Signed, sealed and delivered in presendfe of . State of Maine. Cumberland, ss. , 18 — . The above named William Allen acknowledged the foregoing instrument to be his volun- tary act and deed, before me, A. D., Justice of the Peace. Note. 1. In a mortgage deed, may be inserted a proviso to keep the premises insured. Provided, nevertheless, that the said William Allen shall keep the building, standing on the land aforesaid, insured against Are, in a sum not less than dollars, for the bene- fit of said mortgagee, and his executors, administrators, and assigns, at such insurance office as said Knox shall approve. 2. Condition that mortgager shall occupy. Provided that, until condition broken, said William Allen, doing no waste, shall retain possession of SEiid, premises, for his own use. Mortgage Deed of Personal Property. Know all men by these presents that I, A. B., of , in the county of , in the State of , gentleman, in con- sideration of the sum of one hundred dollars, to me paid by — . , of , in the county of , in the State of — — , Esquire (the receipt whereof is hereby acknowledged), have granted, bargained, and sold, and by these presents do grant, 372 MAINE TOWNSMAN. bargain, and sell, unto the said , the following described articles of personal property ; [describe the articles sold ;] to have and to hold all and singular, the said , unto the said , his executors, administrators, and assigns, to his and their sole use forever. And I, the said , for myself, my executors and ad- minis tratoi-s, do covenant to and with said , his executors, administrators, and assigns, that I am lawfully possessed of the gaid , as of my own property ; that the same are free from all incumbrances ; and that I, and my executors, &c., will warrant and defend the same to the said , his execu- tors, &o., against the lawful claims and demands of all persons. Provided, nevertheless, that if said ^ , his executors or administrators, shalf well and truly pay to the said -^ — n-, his executors, administrators, and assigns, [here describe the note or debt which the mortgage is given to secure,] then this obligation shall be void; otherwise, to remain in fuU force. And provided, also, that until default by the said , his executors or administrators, in the performance of the con- dition aforesaid, it shall and may be lawful for him to keep .possession of said granted property, and to use and enjoy the same ; but if the same, or any part thereof, shall be at- tached before payment, &c., by any other creditor or creditors of said , or if the said shall attempt to sell the same without notice to said , and without his assent to such sale in writing expressed, then said may take im- mediate possession of the whole of said granted property to his and their own use. In testimony whereof I, the said , have hereunto set my hand and seal, this day of , A. D. 1858. [To be acknowledged.] . (seal,) Note. In Maine, possession of tbe mortgaged property should be delivered to, and retained by, the mortgagee, unless the mortgage be recorded by the clerk of the town where the mortgager resides. Quitclaim Deed. Know all men by these presents that I, A. B., of C , in the county of , in the State of , yeoman, in oon- gideration of one hundred dollars to me paid by G* D., of said C— r— , trader, the receipt whereof is hereby^ acknowl- edged, do hereby grant, release, remise, and forever quitclaim unto the said C. D., his heirs and assigns forever, a certain MISCELLANEOUS FOEMS. 373 tract of land, containing twenty acres, more or less, with all the buildings thereon standing, known as the farm. To have and to hold the said premises, with all the privi- leges and appurtenances thereunto belonging, to the said C. D., his heirs and assigns forever ; and I do hereby covenant with the said C. D., that I will warrant the said premises to the said C. D., and his heirs and assigns, against the lawful claim of any person claiming under me. And U. B., wife of said A. B., for the consideration afore- said, doe^ hereby release her right of dower in said premises. In witness whereof, we have hereunto set our hands and seals, this day of . A. B. (seal.) Signed, sealed, and delivered ") U. B. ($eal.) in presence of 1. 1, and K. W. ) Cumberland, ss. , 18 — . The above named A. B. and U. B. acknowledged the foregoing instrument to be their voluntary act and deed. Before J. P., Justice of the Peace, Deed of Warranty. Know all men by these presents that I, A. B., of , in the county of , and State of , merchant, for and in consideration of dollars, to me paid by C. D., of said , yeoman, the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto the said C. D., [describe the premises — if of lands, by bounds ;] a certain tract of land, situate in said , warranted to con- tain ten acres, by measure, [or containing ten aeres, more or less,] bounded, beginning at a stake on the highway, being the south-easterly corner of land ; thence by said highway, south sixteen degrees, forty rods, to a stake by land of '— ; thence south seventy-four degrees west, forty rods, to a white oak tree ; thence north sixteen degrees west, forty rods, to a sapling pine ; thence north seventy-four degrees east, forty rods, to the first mentioned bound ; with the build- ings standing thereon ; being the same conveyed to me by I. G., by his deed, dated 20th August, 1840, recorded in the registry of deeds for the county of , vol. — , page — . To have and to hold the ^bove granted premises, with all the privileges and appurtenances thereto belonging, to th^ 6aid C. D., his heirs and assigns forever. And I, the said A. B., fofr myself and my heirs, executors and administrators, do 32 374 MAINE TOWNSMAN. covenant with the said C. D., his heirs and assigns, that I atn lawfully seized in fee of the aforegranted premises ; that they are free from all incumbrances ; that I have good right to sell and convey the same in manner aforesaid ; and that I and my heirs, executors, and administrators will warrant and defend the same premises to the said C. D., his heirs and assigns for- ever, against the lawful claims and demands of all persons. In witness whereof I, the said A. B., and C. B. wife of said A. B., in token of her relinquishment of her right of dower, have hereunto set our hands and seals, the — ^ day of , 18— Signed and sealed ) A. B. (seal.) in presence of | C. B. (seal.) Deed by Attorney. Know all men by these presents that I, A. B., of &c., by my attorney C. D., duly authorized by letter of attor- ney, under my hand and seal, in consideration of dollars, to be paid by E. F., of , do sell and convey to said E. F. and his heirs forever, [here describe the premises.] To have and to hold the said premises, with all the privi- leges and appurtenances to the same belonging, to the said grantee and his heirs forever. And I do covenant with the said grantee and his heirs, that I am rightfully seized in fee of said premises ; that they are free from all incumbrances ; tliat I have good right to sell and convey the same, in manner aforesaid ; and that I and^ my heirs will warrant the said premises to the said grantee and his heirs forever, against the lawful claims of all persons. In witness whereof I have, by my said attorney, hereunto set my hand and seal, this day of , 18 — . A. B. (seal.) By C. D., his attorney. Signed, sealed, and delivered in presence of . State of . C , ss. Then said A. B., (by his attor- ney C. D., above named,) acknowledged the above instrument to be his voluntary act and deed. Before me, , Justice of the Peace. Note. The power of attorney should be recoiled with the deed. MISCELLANEOUS FORMS. 375 Deed of Partition. This indenture made between A. B., of , C. D., of , and E. F., of , witnesseth : That said parties have agreed to make partition of a cer- tain tract of land situated in , bounded , containing , now owned by them as tenants in common, in manner following : The said A. B. shall hold in severalty, acres, bound- ed . The said C. D. shall hold in severalty, acres, bound- ed - . The said E. F. shall hold in severalty, acres, bound- ed . And to each of said parties and his heirs, the other two par- ties do grant and release the tract assigned to him as afore- said, to hold to him and his heirs, in severalty forever ; and do hereby covenant to warrant and defend the same to him and his heirs, against the lawful claims of all persons claiming under them or either of them. In witness whereof, the said A. B., C. D., and E. F., have interchangeably set their hands and seals, the day of , A. D. 18—. A. B. (seal.) Signed, sealed, and delivered J C. D. (seal.) in presence of . ] E. F. (seal.) Deed of Gift of Land. [The deed begins in the usual form, and may contain in substance as follows : — ] That the said A. B., for and in consideration of the natural love and affection which he hath unto the said C. D., hath given, granted, aUened, released, and confirmed, and by these presents doth, &c., unto the said C. D., his heirs and assigt^, all that tract of land, situate in and , together with the privileges and appurtenances to the same belonging ; to have and to hold the same unto the said C. D., and his heirs and assigns. In .witness whereof, &c. To be ackriowredged and recorded. 376 MAINE TOWNSMAN. Form of a Lease. This indenture, made this day of — — , A. D. 18 — , between A. B., of E., in the county of , and State of , trader, and C. D., of said E., yeoman, witnesseth : That the said A. B., doth demise and lease unto said C. D., all that [describe the premises ;] to hold for the term of years from the date hereof, with all the privileges and appur- tenances thereto belonging ; yielding and paying therefor year- ly on every first of , during said term, unto said A. B., or his assigns, the yearly rent of dollars, in four equal* pay- ments, quarter yearly. [Here insert any provisoes or conditions, such as to terminate the lease by notice ; or that the lease shall be void on non-pay- ment of rent.] And the said A. B. agrees with said C. D., that said C. D. shall peaceably possess the said premises during said term, without the lawful interruption or eviction of any person what^ soever. [Here may be inserted any other covenants on the part of the lessor ; as covenant to deduct half the taxes from the rent, &c.] And the said C. D. covenants to pay the said rent in manner aforesaid, and to deliver up said premises to the said A. B., or his attorney, peaceably and quietly, at the end of said term, in as good condition as the same now are, reasonable use, wear and tear thereof, and fire and other casu- alty excepted ; and to pay all taxes on said demised premises ; and that he will not, during said term, do or suffer any waste in the demised premises, [nor underlet the same or any part thereof,] nor permit any other person to occupy the same, or any part thereof; nor make, or suffer to be made, any altera- tion therein, without the consent of said A. B. or his assigns, for that purpose ; and also, that said. A. B., or his attorney or agent, may enter the premises for the purpose of viewing and making improvement, at reasonable times, in the day t?me. In witness, &o. • Othei covenants may be inserted in a lease. 1. Covenants to deduct half the taxes from the rent. And that said A. B. will allow out of the rent aforesaid, one half of the taxes which shall be legally assessed on the prem* ises, and paid by C. D. 2. Covenant on the part of lessee not to overstock the pasture. • MISCELLANEOUS FORMS. 377" And said C. D. will not at any time pasture, or suflFer to be pastured upon the said premises, or any part thereof, any larger stock of cattle than have been usually pastured thereon, in the two last preceding years. 3. Covenant to car^y on in a husbandlike manner. And said C. D. will, in all respects, manage and carry on said premises in a husbandlike manner, according to the cus- tom of the country. 4. Covenant not to till more than a certain quantity. And said C. D. will not have, use, or employ, in plowing or tillage, a greater part of land than acres, at any one time, or in any one year, during the term hereby demised. 5. Covenant not to keep tavern. And that no person shall sell or retail any beer, ale, or other liquors whatever, or keep any victualing, or other public house of entertainment in the buildings on said premises, without a license from the said A. B., in writing. Brief Lease. A. B., of , and C. D., of , agree as follows, to wit : A. B. leases to C. D. his house in D., [describe the premi- ses,] for one year. C. D. agrees to pay one hundred dollars a year rent, paya- ble , and not to assign or lease the same', nor make altera- tions, nor carry on any offensive trade therein, without the writ- ten consent of A. B. ; to quit the same at the termination of this lease ; and to leave the same in good condition and repair, unavoidable casualties excepted. This lease shall be void if C. D. fails to perform this agree- ment, f^ Witness our hands and seals, this day of , 18 — . A. B. (seal.) C. D. (seal.) Notice from a Landlord to a TenaM. Sir : — You being in possession of a certain house and lot of grbund, with the appurtenances, belonging to me, situate in , in Portland, which was demised to you by me for five years, whicjj said term will expire and terminate on the ■ S2* 378 MAINE TOWNSMAN. day of next, I hereby notify you that it is my desire to have again and repossess the said premises, and I do hereby require and demand you to leave the same. 'W^itness my hand, the day of , 18 — . " A. B. To Mr. C. D. Apprenticeship. ■ This indenture, made this day of , A. D. 18 — , by and between A. B., of , in the county of , printer, and C. D., of said , printer, witnesseth : That the said A. B. doth by these presents, with the consent of his son, G. W., a minor, above the age of fourteen years, signified by his signing this indenture, hereby place, bind, and indent him to the said C. D., to learn the art and trade of a printer, and with him, the said C. D., after the manner of an apprentice, to dwell and serve from the day of the ensealing hereof, until the , when the said minor will arrive at the" age of twenty-one years. And during said term the said ap- prentice shall well and faithfully serve his said master, and shall give and devote to him his whole time and labor. He shall not marry during said term, nor use ardent spirits, or practice gaming or other unlawful sports, nor waste, injure, or destroy the property of his master ; but conduct himself in a sober, temperate, honest manner, and as a good and faithful apprentice ought to do, during all the tinje aforesaid. And the said C. D., for himself, his executors and adminis- trators, doth hereby covenant with the said A. B , that he will faithfully instruct said apprentice in the art or trade aforesaid, as far as said apprentice may be capable to learn, and con- stantly provide him with good, suitable, and sufficient food, lodging, and clothing, and all other things necessary in sick- ness and health, and will train him up in the habits of indus- try, temperance, and virtue, and pay to the said A. B. for the use of said apprentice, the sums of money following, namely : [state the amount and manner of payment, j And the said G. W. hereby signifies his assent to the terms of this indenture, and promises faithfully to keep and perform all things to be kept or performed by him. In testimony whereof, the said parties have hereunto set their hands and seals this day of , in the year . A. B. (seal.) Signed, sealed, and delivered ) C. D. (se^.) in presence of . C G. W. (seal.) MISCELLANEOUS FORMS. 379 Proxy to vote for Directors. Be it known that I, A. B., of , in the county of — -^, and State of , esquire, have constituted and appointed, and by these presents do constitute and appoint C. D., of , to be my true and lawful substitute and proxy, for me and in my name, to vote at any election for directors of , or on any question that may be put at a stated or special meet- ing of the stockholders of the said , as fully as I might or could do if personally present. Witness my hand, this day of , A. D. 18 — . A. B. Marriage Settlement. Articles of agreement between A. B., of , C. D., of , and E. F., of . Whereas, said A. B. and said C. D. intend marriage, and it is agreed by and between said parties that the real and per- sonal estate of said C. D. shall be settled and secured for her separate use ; and therefore said C. D., in consideration of one dollar, to be paid by said E. F., sells and conveys to him and his heirs a certain tract of land [describe the real estate,] and also the following goods and chattels, [describe the personal estate ;] to hold the same in trust, for the following purposes, and no other : ' First. That said E. F. shall permit the said C. D. to oc- cupy, improve and manage the said property, and take the profits thereof, at her own discretion, and for her own use, during her pleasure, without the interference of said A. B., or any other person. Second. The said trustee, at the request of said C. D., shall take possession of said property, and manage and improve the same to the best advantage, and pay the incoipe or profits thereof to said C. D., without the interference of said A. B., or any other person. Third. The_ said E. F., at the request of said C. D., shall have power to' cause any part of the property held by him in trust as aforesaid to be sold, and the proceeds thereof invested in other safe personal estate, or securities, to be held subject to the same trusts as the property hereby conveyed. Fourth. The said E. F. shall, with the assent of said C. D., invest any part of the income of said property in real or personal estate, or securities, upon the trusts aforesaid. 380 MAINE TOAVNSMAN. Fifth. The said E. F. shall, at the request of said C. D., sell and convey any part of said property to such person or persons, and for such sum or sums of money, and upon such trusts, as said C. D. shall in writing direct. Sixth. In case of the decease of said C. D., without devis- ing or making such direction, said trustee shall convey said property to said A. B., or, in case of his decease, to such per- sons as would be by law entitled thereto, if she had deceased intestate or unmarried. Seventh. The said E. F. agrees faithfully to execute said trusts, being liable only for his actual receipts or willful de- faults. It is further agreed that if, at any time hereafter, any estate or property shall descend or vest in said C. D., the said estate or property shall, by the said A. B. and C. D., be conveyed to said E. F., or to such person as may be then trustee of said C. D., to hold in trust for the uses above declared. In witness whereof, we have hereunto set our hands and seals, this day of , A. D. 18 — . Signed, sealed, and delivered \ A. B. (seal.) in presence of . ) C. D. (seal.) E. F. (seal.) To be acknowledged. General Release of all Demands. Know all men by these presents that I, A. B., of , for and in consideration of the sum of , to me paid by C. D., of , (the receipt whereof I do hereby acknowledge,) have remised, released, and forever discharged, and I do, for my- self, my heirs, executors, administrators, and assigns, remise, release, and forever discharge the said C. D., his heirs, execu- tors, and administrators, of and from all debts, demands, actions, and causes of action, which I now have in law and equity, or which may result from the existing state of things, from any and all contracts, Uabilities, doings, and omissions, from the beginning of the world to this day. In witness, &c. A. B. (seal.) Signed, sealed, and delivered > in presence of . ) MISCEIAANEOUS FORMS. 381 Brief Form of Release. July 2, 1857. I, A. B., do hereby release to C. D. all suits, promises, covenants, and demands, which I have, or can claim against him. In witness, &c. A. B. (seal.) In presence of . Agreements to compound Debts. Know all men by these presents, that the subscribers, cred- itors of J. B., of, &c., finding that said J. B. is disabled, by losses and otherwise, to pay us our respective debts in full, do severally and respectively agree with said J. B. to accept of him thirty cents for each dollar of our respective demands against him, in full satisfaction of the whole of said, demands, provided the said sum of thirty cents for each dollar of our said demands is paid to us or our representatives within six months from the date hereof. And we do further respectively agree, that neither of us, nor any person claiming under us, will commence or prosecute any action or suit in law or equity against said J. B., his goods or estate, within said term of six months, nor at any time afterward, in case said sum of thirty cents for each dollar shall be paid within six months, as afore- said. And we do further respectively agree, that if any suit or action shajl be commenced or prosecuted against said J. B., his goods or estate, in violation of this agreement, the said J. B. shall thenceforth be forever discharged from all claims and demands of the creditor in whflse right any such suit or action shall be brought or prosecuted. Witness our hands and seals, the day of , 18 — . Signed, sealed, and delivered ) A. B. (seal.) in presence of . ) C. D. (seal.) E. F. (seaL) Agreement not to sue ; or Letter of License. Know all men by these presents, that the subscribers, cred- itors of J. B., of, &c., do hereby severally and respectively agree with said J. B. that neither of us, nor any other person in our right respectively, shall commence or prosecute any suit or action, in law or equity, against said J. B., his goods or estate, upon any of our respective demands, at any time within one year from the date hereof. 382 MAINE TOWNSMAN. And we do further respectively agree, that if any suit or action shall be commenced or prosecuted against said J. B., his goods or estate, in violation of this agreement, the said J. B. shall thenceforth be forever discharged from all claims and demands of the creditor by whom or in whose right any such suit or action shall be brought or prosecuted. Witness our hands and seals, the day of , 18 — Signed, sealed, and delivered ") A. B. (seal.) in presence of . ) C. D. (seal.) E. F. (seal.) Advertisements of Lands to be sold for the Payment of Taxes. The proprietors of the following tracts of land in the town of S. in the county of W., are notified that the same are taxed in the taxf list committed to the subscriber, the collector of taxes for said town of S. for the year eighteen hundred and , as follows : Name of owner. Estates taxed. Amount of taxes on each estate. And if no person shall appear to discharge said taxes on or before the — day of next, at — o'clock in the forenoon [or afternoon] I shall proceed to sell at , [place of sale,] by public auction, so much of said respective tracts of land as shall be sufficient to discharge said taxes and all necessary intervening charges. A. B., Collector of S. S , , 1858. Deed by a Collector of Lands sold for Taxes. To all to whom these presents shall come : I, A. B., a col- lector of taxes for the town of C, in the county of W., and State of Maine, for the year one thousand eight hundred and , legally chosen and sworn, send greeting : Whereas, the assessors of the town of C. aforesaid have assessed C. D., of F , the sum of for a tax as a [non-resident] proprie- tor of land in said C. in the list of assessments they have com- mitted to me to collect : and whereas no person has appeared to discharge the said tax, although I have advertised the same three weeks successively in the W. P., a newspaper printed MISCELLANEOUS FOEMS. 883 in the county aforesaid, and posted the same advertisement in a public place in the town of C, three weeks before the time of sale : Therefore, know ye, that I, the said A. B., collector of taxes as aforesaid, in consideration of the sum of to me paid for discharging the said taxes, and necessary inter- vening charges, by G. H., of C, in the county of [addi- tion] do hereby give, grant, sell, and convey to the said G. H. and his heirs and assigns forever, the following described real estate, being a part of the lot taxed as aforesaid, viz. : [descrip- tion] the same having been struck off to the said G. H., the highest bidder therefor, at public auction, notified, and held at the house of O. P., in said C, on the day of . To have and to hold the same to the said G. H. and his heirs and assigns, to his and their use fbrwer; subject, however, to the right of redemption of the owner thereof, or his heirs or assigns, at any time within years from the time of sale as aforesaid. And I covenant with the said G. PI., his heirs and assigns, that I gave notice of the intended sale of the said lands according to law, and that I have observed the directions of the law in all respects in the premises. In wit- ness whereof I do hereunto set my hand and seal, this day of , in the year eighteen hundred ana . A. B. (seal.) Signed, sealed, and delivered ) in presence of . j Form of Annual Return made hy the Selectmen, Report of the Selectmen for the expenses of the town of S , for the year ending on the day of , 18 — . Paid for abatement of taxes, $31 00 " " assessors' wages, " " repairs of public buUdings, Inoculating for kine pox. Support of schools, " of poor, Recording births and deaths, Perambulating town lines, Collector's commissions, Stationery, Military equipments, Paid towards a farm for support of poor, 47 00 25 00 800 00 390 00 4 60 9 90 37 00 4 50 45 00 $1472 60 1000 00 $2472 60 38i MAINE TOWNSMAN. The selectmen further report that they have settled with the treasurer, and his account stands as follovvs : — Dr. To balance on hand last year, $1598 09 To amount of town grant, $3200 00 To overlayings on all the taxes, 94 90 To highway deficiencies, 19 48 3314 38 $4912 47 Cr. By amount of orders paid the selectmen, $3401 91 By " paid the overseers of the poor, 600 68 $4002 59 Balance in treasury, 909 88 Town orders outstanding, 650 00 Net balance in favor of town, $259 88 AlUf which is submitted. j Sehctmm. INSOLVENT DEBTORS. By chapter seventy of the Revised Statutes, an assignment may be made by an insolvent debtor, providing for a propor- tional distribution of all his real and personal estate, except what is by law exempt from attachment, among all his cred- itors becoming parties thereto ; and in whatever form made, or however expressed, it will pass all such estate, whether specified or not. The assignor must make oath to the truth of such assign- ment, and a certificate of the fact is to be made thereon by the magistrate administering it ; and a release may be inserted therein, which forever discharges the assignor from the claims of such creditors as become parties thereto. The assignee, before entering upon his duties, shall give bond, with sufficient sureties living in the county, to the judge of probate in such sum as he orders, conditioned as follows : — First. To make and return into the probate office, within ten days after the time allowed for creditors to become parties MISCELLANEOUS FORMS. 385 to such assignment, a true inventory, on oath, of all the real estate, goods, chattels, rights, and credits of the assignor which have come to his possession or knowledge, whether contained in the assignment or not, and the names of all the creditors who have become parties thereto, with a Ust of their respective claims. Second. To make proportional distribution of all the net proceeds of such estate among such creditors as become par- ties to the assignment. Third. To render a true account of his doings, on oath, to the judge of probate within sis months, and at any other time when cited by the judge. Within ten days after the execution of such assignment, the assignee must file an attested copy in the probate office ; within fourteen days, he must pubUsh notice thereof three weeks successively in some newspaper, if any, printed in the- county where either assignor lives ; if not, in the state paper ; and three months from the execution of such assignment are allowed to creditors to become parties thereto. "We give the following as the most commonly used forms of assignment and bond in this state. Assignment. This indenture, tripartite, made and executed at , this day of , in the year of our Lord one thousand eight hundred and , by and between , of , in the county of , party of the first part, and , of said , party of the second part, and such creditors of the said as may, after notice as provided by law, become parties to this instrument, and subscribe to the terms of the same, party of the third part, witnesseth that the said , party of the first part, in consideration of one dollar to in hand paid before the delivery of these presents, and of the cove- nants and agreements hereinafter expressed, do hereby trans- fer, assign, set over, bargain, seU, and convey, give, grant, and release to the said , party of the second part, all such property of the said as is not by law exempted from attachment, whether the same be real or personal, and all — right, title, and interest in and to any and all property, both real and personal, not by the laws of this state exempted as aforesaid from attachment, and also the stock of goods now 33 z 386 MAINE TOWNSMAN. in the store of the said , in , and also all the books of account of the said , and all notes and accounts, of whatever name and nature, and all choses in action and claims against any and all persons ; a schedule of all of which property, with a description of the place where the same is situated, the said doth hereby annex and make a part of this instrument, [here insert any other particulars.] To have and to hold the same to the said , party of the second part, heirs and assigns, in trust, for the use and benefit of such creditors of the said as may (after notice as provided in the third section of an act- entitled "An Act con- cerning Assignments," and approved March 21, 1844) become parties to this assignment in proportion to the amount of their respective claims ; the said to make an equal distribution of all such estate, whether real or personal, among such cred- itors as, after notice as aforesaid, shall become parties to said assignment within the time, and according to the terms, pre- scribed by the laws of the state. And the said do hereby constitute and make, and in stead and place put the said to be lawful attorney, for and in name and stead, and for the uses and trusts aforesaid, and to the use and for the benefit of the creditors aforesaid, as they may be entitled, to receive and collect all such sums as may be due and owing to , the said , whether upon notes or accounts, or in any other way, and to receive, manage, and dispose of all property, real and personal, and distribute the same, and the proceeds thereof, among such of creditors as shall become parties to this assignment, in proportion to -the amount of their re- spective debts, giving and granting to said attorney full power and authority in and about the premises, and to take and use all due course and process of law for accomplishing the same, and in name make, seal, and execute due acquittances and discharges therefor. And I, the said , party of the second part, in considera/- tion of the premises, do hereby covenant and agree to and with the said party of the first part, and to and with the creditors who may become parties as aforesaid to this assignment, party of the third part, and to and with their heirs and assigns, that I will accept and faithfully execute the trust conferred upon me by this assignment, and wilL in all respects comply with the requisitions of the statute hereinbefore referred to ; and will make an equal distribution of all the property, both real and personal, which may come into my hands and possession MISCELLANEOUS FORMS. 387 under and by virtue of this assignment, among all such credit- ors of the said as may become parties thereto as afore- said, within three months from the publication of notice of this assignment, according to the provisions of the statute, deduct- ing therefrom only such sums as I may legally retain for my expenses, disbursements, and services in and about the collec- tion, safe keeping, and distribution of the same, and also reserv- ing to myself the right to become a party to this assignment, as a creditor of the said , and to receive my legal propor- tion of the amount to be distributed among said creditors. And we, the said creditors, whose names and the amount of whose respective debts are underwritten, in consideration of the premises, and of the proportional share of the estate of the said , to be received by us, according to the terms of this assignment, do hereby absolutely and entirely release all debts due from the said to us the said creditors, and do hereby forever discharge the said from all claims for or on- account of the same. (seal.) (seal.) Signed and sealed in "> (seal.) presence of . j (seal.) , ss. , , 18 — . Then personally appeared the said , and made oath that the foregoing assignment by him subscribed, and the schedules hereunto annexed, are true. Before me, -^ , Justice of the Peace. Bond by Assignee. Know all men by these presents, that we, A. B., as princi- pal, and C. D. and E. F. as sureties, all of , in the county of , within the State of Maine, are holden and stand bound and obliged unto , judge of probate within the county of Cumberland, in the full sum of dollars, to be paid unto the said , or his successor in said office ; to the true payment wliereof we do bind ourselves, and each of us, our and each of our heirs, executors, and administrators, jointly and severally by these presents. Sealed with our seals. Dated the day of , in the year of our Lord one thousand eight hundred and . The condition of the above obligation is such, that, whereas G. H., of , in the county of , has, by indenture, made and executed on the ' day of , assigned all his 388 MAIXE TOWNSMAN. estate, real and personal, not by law exempt from attachment, to the said A. B., to be held by him as' assignee in trust for the use and benefit of such creditors of the said G. H. as may (after notice, as provided in the third section of an act entitled " An Act concerning Assignr^ents," and approved March 21st, 1844,) become parties to his said assignment, in proportion to the amount of their respective claims: now, if the above- bounden A. B., in his capacity of assignee, shall make and return into the probate office, within ten days from and after the time allowed for creditors to become parties to such assign- ment, a true inventory, on oath, of all the real estate, and all the goods, chattels, rights, and credits of the assignor, which have or shall come to his possession or knowledge, whether contained in the assignment or otherwise ; also, the names of all the creditors who have become parties to the assignment, together with a list of their respective claims ; and shall also • make equal distribution of all the net proceeds of the real and personal estate, goods, chattels, rights, and credits of such insolvent debtor or assignor among such of the creditors as have become parties to the assignment, in proportion to the amount of their respective claims, excepting such property as may, by law, be exempt from attachment ; and shall render a true account of his doings, on oath, to the judge of probate, within six months, and at any other times when required by said judge ; then the foregoing obligation shall be void and of no effect ; otherwise shall remain in full force and virtue. A. B. (seal.) Signed, sealed, and delivered ) C. D. (seal.) in presence of . ) E. F. (seal.) Bill of Sale of Vessel. To all people to whom this present bill of sale shall come, send greeting : Know ye, that , the said , fpr and in considera- tion of the sum of , to in hand well and truly paid, at or before the ensealing and delivery of these presents by , the receipt whereof do hereby acknowledge, and therewith fully and entirely satisfied and contented, have granted, bargained, and sold, and by these presents do grant, bargain, and sell unto the said , all the hull or body of the good , together with , all and singular, her boats, sails, tachle, apparel, and furniture, , now lying at , and enrolled [or registered, as the case may be,] at the port MISCELLANEOUS FOBMS. 389 of , the certificate of whose enrollment is as follows, viz. [Here insert a copy of the enrollment or register.] To have and to hold the said granted and bargained and premises, with the appurtenances, unto the said , heirs, executors, administrators, or assigns, to only proper use, benefit, and behoof forever. And the said do avouch to' be the true and lawful owner of and her appurtenances, and have in full power, good right, and lawful authority to dispose of the said , and her appurtenances, in manner as aforesaid. And fur- thermore the said do herehy covenant and agree to warrant and defend the said , and appurtenances, against the lawful claims and demands of all persons whatso- ever unto the said . In witness whereof, the said have hereunto set hand and seal , the day of , in the year of our Lord one thousand eight hundred and fifty . Signed, sealed, and delivered ) in presence of . j Commencement of Wills. Be it remembered that I, A. B., of, &c., being of sound and disposing mind, do make, publish, and declare this my last will and testament. Bequests and Devises. These are arranged in order, under the heads 1st, 2d, &c., thus : " First, I give and bequeath," &c. Appointment of Executor and In Testimonium. And I do hereby appoint C. D., of , aforesaid, to be the sole executor of this my last will and testament, hereby revoking, annulling, and declaring void all former wills by me at any time heretofore made. In witness whereof, I have hereunto set my hand this day of, &c. Attestation of Wills. Signed, published, and declared by the said A. B. as his last will and testament, in the presence of us, who in his pres- ence, and in the presence of each other, have hereunto set our names as witnesses. 33* 390 MAINE TOWNSMAN. If the will be signed by a third person for the testator, the attestation should be thus : — Signed by the said E. F., in our presence and in the pres- ence of the said A. B., and by his express direction, and by the said A. B. at the same time published and declared as his last will and testament, in the presence of the said E. F. and of us, who each, in the presence of the others, and of the said A. B. and of the said E. F., have hereunto set our hands as subscribing witnesses. An Agreement to be signed by an Auctioneer, after a Sale of Land at Auction. I hereby acknowledge that A. B. has been this day de- clared by me the highest bidder and purchaser of [describe the landj at the sum of dollars, [or at the sum of dollars cents per acre or foot,] and that he has paid into my hands the sum of , as a deposit and in part payment of the purchase money ; and I hereby agree that the vendor, C. D., shall in all respects fulfill the conditions of sale hereto annexed. Witness my hand, at , on the day of , A. D. 1856. J. S., Auctioneer. An Agreement to be signed by the Purchaser of Lands at Auction. I hereby acknowledge, that I have this day purchased at public auction all that [describe the land], for the sum of dollars, [or for the price of — r— dollars cents per acre, or per foot,] and have paid into the hands of J. S., the auctioneer, the sum of , as a deposit, and in part payment of the said purchase money ; and I hereby agree to pay the remaining sum of unto C. D., the vendor, at , on, or before the day of , and in all other respects on my part to fulfill the annexed conditions of sale. Witness my hand, this day of , A. D. 1856. A. B. An Agreement between Several to purchase an Estate, each to pay his Proportion of the Purchase Money, Charges, Sfc. Whereas it has been and is hereby agreed, that we, A. B., of , merchant, and C. D., of , yeoman, and E. MISCELLANEOUS FORMS. 391 F., of , housewright, or some one of us on behalf of all, shall purchase that tract of land, situate, lying, and being in , bounded and described .as follows, to wit, [here describe the land,] now owned and occupied by , of : now, we severally agree, that if any one or more of us shall purchase the said land, that each of us will pay a proportion, to wit, one third of the purchase money, and that all charges and expenses relating thereto shall be home by us in equal proportions, and that such purchase shall be to us as tenants in common [or as joint tenants] of the said land; provided that the purchase money of the said land do not exceed dollars, and provided also, that if either one or two of us do not pay his or their said proportion thereof, when demanded or required so to do in writing by the other or others, then it shall be lawful for either or both of the others to pay the same, and to take and hold the share or shares of the said party or parties not pay- ing, to himself or themselves alone. Witness our hands, this day of , A. D. 1851. Agreement for the. Sale of Goods, Sfc, as they shall be appraised. Articles of agreement made between A. B., of , and G. D., of , &c. It is hereby agreed by the said parties, that all and sin- gular the household goods, iurniture, and utensils, which are the property of A. B., and contained in and belonging to the dwelling house now in the occupation of the said A. B., [or, contained in the schedule hereunto annexed,] shall, at the joint and equal charge of the said parties, be ap- praised by E. F. and G. H., on or before the day of , when the said E. F. and G. H. shall, in writing by them signed, give in their appraisement to the said parties ; and, in case the said appraisers shall differ in such valua- tion, then they shall choose a third inditferent person as an umpire, to determine the same, whose valuation of the said goods, within three days after his election, shall be conclu- , sive, if signed and given or tendered to the said parties or either of them. And the said A. B. doth covenant with the said C. D., that, immediately after such valuation, made by the said E. F. and G. H., or by such umpire as afore- said, he, the said A. B., will make an absolute bill, of sale, and give possession of all the said goods, furniture, and 392 MAINE TOWNSMAN. utensils, unto the said C. D., at the price the samg shall be appraised at as aforesaid. And the said C. D. doth hereby covenant with the said A. B., that he, the said C. D., will accept the said goods, at the said price, and, at the time of executing such bill of sale, and delivering possession of the said goods, furniture, and utensils, by the said A. B., will then pay to the said A. B., the sum of money for which the same shall be appraised as aforesaid. In witness whereof, we have hereunto set our hands and seals, this day of , A. D. 1856. An Agreement between a Master Shipwright and his Workmen, for building a New Ship, Sfc. Articles of agreement made between H. C, of, &c., and R. S., of, &c., and W. M., of, &c., of the one part, and J. S., of, &c., of the other part. Whereas the said J. S. hath contracted with T. C, of, &c., for building the hull of a new ship, of the dimensions contained in their articles of agreement, &c., &c. : now these presents witness that the said H. C., R. S., and W. M., for themselves, their executors, &c., do hereby cove- nant with the said J. S., his, &c., that they, the said H. C, R. S., and "W. M., their, &c., for the considerations here- inafter mentioned, with materials to be provided by the said J. S., and at his charge, at his yard in R., aforesaid, shall perform the shipwright's work and workmanship, according to the said recited articles of agreement, for the building of the hull of the said ship, in a substsintial and workmanlike manner, to the content of the said J. S., and as he or his assigns shall appoint from time to time ; and will launch the said ship on or about the day of next, and clear the launch wlierein the said ship shall be built, imme- diately after launching thereof. And the said J. S., for himself, &c., covenants with the said H. C, R. S., "W. M., their, &c., that he, the said J. S., his, &c., will pay to the said H. C., R. S., and W. M., their, &c., after the rate of per ton for every ton of the said ship's burthen or tunnage, [carpenter's or other measure, and time and man- ner of payment as the parties may agree,] within days after the launching the said ship. In witness whereof, we, the said [here repeat the name?, of all the parties] have hereunto set our hands and seals, this day of , A. D. 1856. INDEX 0? MISCELLANEOUS FORMS. PAas. Advertisement of taxed lands 382 Agreement, general form of, 363 " to compound debts, 381 " on sale of corn, •, 364 " not to sue 381 ** to convey land, 364 " to build house, 364 " of partnership 360 " to continue partnership 361 " to be signed by an auctioneer, after a sale of land at auction, 390 " to be signed by the purchaser of lands at auction, 390 " between several to purchase an estate, etc., 390 " for the sale of goods, etc 391 " between a master shipwright and his workmen, etc., 392 Apprenticeship, indenture of, 378 Assignment 385 " of debtor bond 366 " of mortgage 366 " of dower, 366 " of debtor, in trust, 367 . " oathto 367 Attorney, power of, 3o9 << revocation of, 359 Award on submission 338 (393) 394 INDEX. Bequests and devises, 389 Bill of sale, form of, 358 " " " of vessel 388 Building, specifications for, 365 Bond, common, 368 " by assignee, 387 " lost, release of, 368 " condition to maintain a person 369 " condition of indemnity for signing 369 " condition by a treasurer 369 " condition to town to support bastard, 870 " condition to woman to support bastard 370 of submission 358 Condition, common, in bond, 368 " by treasurer, 369 " to support bastard, 370 Coroners' inquests, (see Chapter XCII.,) 284 Covenants, in lease, 376, 377 Declaration of trustj 368 Seed, warrantee 373 " mortgage, 370 " mortgage provisos, 371 " personal property,... 371 « quitclaim, 372 " by attorney, ■ 374 " of partition 37S « of gift, 375 " by tax collector, .....> 382 Demands, release of, • 380 " release of,, brief form, 381 Depositions, 334 caption of, • 334 in perpetuam,. 335 form of statement, 853 form of notice 356 certificate annexed, 356 Dissolution of partnership, ,. 362 INDEX. 895 BXBOitor, appointraent of, in teatimoniam '>°^ Guarantee for payment of goods, 360 Insolvent debtors, • • 384 Lease, fonn of, ■ " brief, ... " covenant to pay half taxes,. 376 377 876 covenant not to overstock, 376 " covenant to manage well '••• "'' " covenant not to tiU, except, &c •■•• 377 " coveuaut not to keep tavern, "77 Marriage settlement, 37" Mortgage deed, 370 " personal, » 371 Notice, by landlord, to quit 377 " by chairman of referees 357 " of dissolution of partnership 362 " when one leaves partnership, 362 Fartnership, agreement of, 360 agreement to continue, 361 dissolution of, 362 dissolution, notice of, • 362 notice when one leaves ■ 362 limited, 363 Payment of goods, guaranty for , 360 Power of attorney, .' 339 Proxy, to vote, 379 Kelease of all demands, 380 " brief formof, 381 Beturn, annual, by selectmen, 383, 384 Revocation of attorney, 359 Selectmen, annual return of, 333,384 INDEX. Settlement, marriage, 379 Specifications for building ••• 36d Submission, form of, 357 acknowledgment of, 357 demand annexed to 357 notice by chairman 357 bond on, 358 award on, 358 Trust, declaration of, 368 Wills, attestation of, .••• " commencement of, LAW LtoKAKY I KM f^30 A3 1861+ Author Vol. Kingsbury, Benjamin Title Copy The Maine Townsman Date Borrower's Name -i