Chapter 81. An act additional to an act entitled "an act authorizing any city or town in this state to raise money to aid in the construction of any railroad in this state," approved February twenty-eight, one thousand eight hundred and sixty-seven. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: CHAP. 81. Manner of calling meetings in cities construction of to aid in the railroads. ten or printed. SECT. 1. Legal meetings in cities contemplated in the first section of an act entitled "an act authorizing any city or town in this state to raise money to aid in the construction of any railroad in this state," approved February twenty-eight, in the year of our Lord one thousand eight hundred and sixty-seven, shall be called, notified and warned by the mayor and aldermen of such cities, whenever directed by the common council of such cities, in the same manner that meetings for the election of municipal officers of such cities are now called, notified and warned, and such common council shall, in their order directing the mayor and aldermen to call such meeting, set forth in substance the proposition to be submitted to the legal voters by such warrant. At such meetings Votes to be writthe legal voters shall vote in their respective wards by written or printed ballots, those in favor of the proposition submitted by the warrant calling such meeting, having on their ballots the word "yes," and those opposed to said proposition having on their ballots the word "no." The ballots given in shall be sorted, counted and declared in open ward meeting and shall be regis- declared. tered in the ward records. The clerk of each ward shall make return of all the ballots given in in his ward, and the number in favor of the proposition submitted by the warrant calling such meeting, and the number of ballots against said proposition, to the board of aldermen of such city. Such board shall examine said returns, and if two-thirds of the whole number of ballots cast are in favor of the proposition submitted by the warrant, then the municipal officers of such city shall forthwith proceed to carry the same into effect according to the provisions of the act to which this is additional. SECT. 2. This act shall take effect when approved. Approved February 4, 1870. votes, how counted and CHAP. 82. R. S., chap. 51, sect. 24, relating to remedy of owner of land adjoining a rail. road for neglect to fence. Notice may be given to or left at the office of superintendent or treasurer. Chapter 82. An act to amend section twenty-four of chapter fifty-one of the revised statutes, relating to trespasses on adjoining land. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section twenty-four of chapter fifty-one of the revised statutes is amended as follows, by inserting in the second line of said section, after the word "superintendent," the words, or treasurer, or by leaving the same at the office of either,' and by striking out in the fourth line of said section the word "thirty" and inserting therein the word 'seven,' and striking out all of said section after the word "dollars," so that said section as amended shall read as follows: 'SECT. 24. The owner of land adjoining a railroad may give written notice to its superintendent or treasurer, or by leaving the same at the office of either, that such fence is not made, or that it needs repair. For neglect to make or repair it for seven days after such notice, the corporation forfeits to such owner one hundred dollars.' Approved February 7, 1870. Public laws 1858, chap. 53, and R. S., chap. 84, sect. 32, 33, 34, relating to levy of executowns, repealed. tions against R. S., chap. 84, sect. 31, amended. Remedy of owner of property sold. Chapter 83. An act to repeal chapter fifty-three of the acts of eighteen hundred and fifty-eight, and sections thirty-two, thirty-three and thirty-four of chapter eighty-four of the revised statutes, and to amend section thirty-one of the same chapter, relating to levy of executions against towns. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Chapter fifty-three of the public laws of eighteen hundred and fifty-eight, and sections thirty-two, thirty-three and thirty-four of chapter eighty-four of the revised statutes, are hereby repealed. SECT. 2. Section thirty-one of chapter eighty-four of the revised statutes is hereby amended by striking out in the second and third lines the following words, viz: "and any inhabitant who voluntarily pays his due proportion, or is compelled to satisfy such warrant in whole or in part," so that said section as amended shall read as follows: Sect. 31. The owner of any real or personal estate so sold may recover against the town, in an action of assumpsit, the full value thereof with interest at the rate of twelve per cent. yearly, with costs of suit; and may prove and recover the real value thereof, whatever was the price at which it was sold.’ Approved February 11, 1870 Chapter 84. An act additional to "an act to provide for the restoration of the records of the court of probate for the county of Cumberland." Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Whenever it shall clearly appear to the judge of probate, within and for the county of Cumberland, that a will was made and probated, and destroyed by the fire in Portland, on the fourth day of July, in the year of our Lord one thousand eight hundred and sixty-six, and that letters testamentary have not been taken out thereon, nor letters of administration granted with the will annexed, to any person or persons, and that said will cannot be proved by attested copy thereof, and that the person so deceased has left estate which should be administered upon for the payment of debts and other charges, said judge of probate may grant special administration upon said estate to some suitable person, who shall be clothed with all the powers and subject to all the duties, now granted by law to special administrators. CHAP. 84. Special adminis tration may be granted in Cum berland county, in certain cases where a will was destroyed by fire. License to sell sonal and real and convey per estate, may be SECT. 2. The judge of probate for said county may grant such special administrator license to sell and convey personal and real estate of the deceased, in the same way and manner as now granted to such granted to administrators, when necessary for the payment of trator. debts and charges of administration, and such special administrator shall account to the judge of probate for the proceeds of said sales. SECT. 3. Said judge of probate may make an allowance out of said estate, or from the proceeds of said sales, to the widow and minor children of the deceased, according to their circumstances, and direct the special administrator to pay such allowance and charge it in his account with said estate. Allowance may be made to widow and minor children. SECT. 4. All acts inconsistent with the foregoing are hereby Inconsistent acts repealed, and this act shall take effect from and after its approval. Approved February 11, 1870. repealed. Chapter 85. An act establishing the school week and month. Be it enacted by the Senate and House of Representatives in Legis lature assembled, as follows: SECT. 1. In the absence of any agreement to the contrary, five School week and one-half days shall constitute the school week, and four weeks shall constitute a school month. SECT. 2. This act shall take effect when approved. Approved February 11, 1870. and month established. 68. CHAP. 86. Public laws 1868, chap. 191, sect. 8, relating to roads ROADS IN UNCORPORATED TOWNSHIPS.-CAPITAL OFFENCES.-LIME. Chapter 86. An act to amend the eighth section of chapter one hundred and ninety-one of the public laws of one thousand eight hundred and sixty-eight, relating to roads in unincorporated townships and tracts of land. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. The eighth section of chapter one hundred and ninetyone of the public laws of one thousand eight hundred and sixtyin unincorporated eight, is hereby amended by substituting 'June' for "July" in the first line of said section, so that as amended, said section shall read as follows, to wit: townships, amended. Owners of land may discharge their assessment by repairing road. 'Sect. 8. If by the fifteenth day of June following in each year, the owners of such lands shall repair such roads to the acceptance of the commissioners, after an actual examination by one or more of their board, the assessment shall be thereby discharged, otherwise it shall be enforced as hereinafter provided, and the agent shall proceed immediately to repair such roads.' SECT. 2. This act shall take effect when approved. Approved February 11, 1870. Counsel assigned by the court to with capital Chapter 87. An act to provide for the payment of counsel assigned to persons charged with capital offences. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Competent counsel shall be assigned by the court in persons charged capital cases when it appears that the accused has not sufficient means to employ counsel, and reasonable compensation shall be allowed by said court, to be paid out of the state treasury. SECT. 2. This act shall take effect when approved. offences, to be paid by the state. Approved February 12, 1870. R. S., chap. 39, sect. 1, relating Chapter 88. An act to amend section one of chapter thirty-nine of the revised statutes, relating to the inspection of lime. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. The eighth and ninth lines of section one of chapter to amount of bond thirty-nine of revised statutes are hereby amended by striking out the words "Thomaston" and inserting 'Rockland,' "ten" and inserting 'five,' "Warren" and inserting 'Thomaston," "five" and inserting 'three,' so that said lines shall read as follows: "The inspector of Rockland, five thousand dollars; of Thomaston and Camden, three thousand each; and of every other town -.' SECT. 2. This act shall take effect when approved. Approved February 26, 1870. CHAP. 89 of inspectors of lime in Rockland and Thomaston, amended. Chapter 89. An act to continue in force the provisions of chapter one hundred and seventy of laws of one thousand eight hundred and sixty-eight, authorizing pensions for disabled soldiers and seamen. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. The provisions of chapter one hundred and seventy, public laws of one thousand eight hundred and sixty-eight, are hereby continued in force from and after the twenty-third day of February, one thousand eight hundred and seventy, to and including the thirty-first day of December of the same year; and the fractional quarterly payment for the term, between the twentythird day of November and the thirty-first day of December of the year one thousand eight hundred and seventy, shall be computed and paid as of the day of the last date. SECT. 2. This act shall take effect when approved. Approved February 26, 1870. Public laws 1868, chap. 170, relat ing to pensions to disabled soldiers and seamen, con tinued in force. Chapter 90. An act relative to reversal of final judgments in criminal cases on account of error in the sentence. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Whenever a final judgment in any criminal case shall be reversed by the supreme judicial court, upon a writ of error, on account of error in the sentence, the court may render such judgment therein as should have been rendered, or may remand the case for that purpose to the court before whom the conviction was had. Approved February 26, 1870. |