CHAP. 182 Sect. 2. The treasurer of this state shall, in the month of April, in the year of our Lord one thousand nine hundred, send his warrant with a copy of this tax act, directed to the mayor and aldermen, selectmen or assessors of each city, town or plantation, taxed as aforesaid, requiring them respectively to assess, in dollars and cents, the sum SO charged, according to the provisions of the law for the assessment of taxes and to add the amount of such tax to the amount of county and town taxes, to be by them assessed in each city, town and plantation or other place, respectively. Sect. 3. The treasurer of state in his said warrant, shall require the said mayor and aldermen, selectmen or assessors, respectively, to pay or to issue their several warrant or warrants requiring the collectors of their several cities, towns and plantations, to collect and pay in to the treasurer of their respective cities, towns and plantations, the sum against said cities, towns and plantations, respectively, in this act contained, which said respective treasurer shall pay to the state treasurer on or before the first day of January, one thousand nine hundred and one, and said mayor, selectmen and assessors, respectively, shall return a certificate of the names of such collectors, with the sums which each collector may be required to collect, to said state treasurer, sometime before the first day of December, in the year of our Lord one thousand nine hundred. Sect. 4. When the time for the payment of a state tax to the treasurer of state has expired, and it is unpaid, the treasurer of state shall give notice thereof to the municipal officers of any delinquent town, and unless such tax shall be paid within sixty days, the treasurer of state may issue his warrant to the sheriff of the county, requiring him to levy, by distress and sale, upon the real and personal property of any of the inhabitants of the town; and the sheriff or his deputy shall execute such warrants, observing the regulations provided for satisfying warrants against deficient collectors, as prescribed by chapter six of the revised statutes. Sect. 5. When any state tax assessed upon any city or town remains unpaid, such city or town is precluded from drawing from the state treasury the school funds set apart for such city or town, so long as such tax remains unpaid. Sect. 6. This act shall take effect when approved. Approved March 16, 1899. CHAP. 183 Chapter 183. An Act to authorize the inhabitants of the town of Woolwich, or their assigns, to increase the height of the dam across Nequasset Stream, in the town of Wool. wich. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Height of dam across stream in Woolwich, increased. Section 1. The inhabitants of the town of Woolwich, their successors or assigns, are hereby authorized to build, raise and maintain the dam across Nequasset stream in said Woolwich five feet above its present height, and to flow lands adjoining said stream and Nequasset lake. Provided, that said flowage shall in no way injure, impair or interfere with the use of the pumping station of the Maine Water Company as now or hereafter proviso. established at said Nequasset lake. sponsible for all damage, and how assessed in case of dis agreement. Section 2. Said inhabitants of the town of Woolwich, their Town resuccessors or assigns, shall pay all damages that shall be sustained by any persons by flowage; and if any person sustains damages as aforesaid and the amount thereof cannot be mutually agreed upon, such person may cause his damage to be assessed in the same manner and under the same conditions, restrictions and limitations as are by law prescribed in the case of damages by the laying out of highways. Section 3. This act shall take effect when approved. Approved March 17, 1899. Chapter 184. An Act to establish a Municipal Court in the Town of Searsport. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section I. There is hereby established in and for the town of Searsport, in the county of Waldo, a court, to be denominated the Municipal Court of Searsport. court of record. Section 2. Said court shall be a court of record, and have Seal and a seal, to be affixed to all original processes issuing therefrom. Section 3. Said court shall consist of one judge, to be appointed in the manner and for the term provided by the constitution, who shall reside during his continuance in office in said town of Searsport. Section 4. Said judge shall have concurrent jurisdiction with trial justices in all matters, civil or criminal, within the county of Waldo, and with trial justices in all cases of forcible Judge and term of. Concurrent jurisdiction justices. with trial CHAP. 184 entry and detainer arising in said county. Nothing in this act shall be construed to give said court jurisdiction in any civil action in which the title to real estate, according to the pleading of brief statement filed therein by either party, is in question; and all such actions brought therein shall be removed to the supreme judicial court, or otherwise disposed of, as in like cases before a trial justice. Original jurisdiction. Section 5. Said judge shall have original and exclusive jurisdiction of all offenses against the ordinances and laws of the town of Searsport, and in all civil actions wherein the amount claimed in damages shall not exceed twenty dollars, in which one of the parties interested, or the attorney of the plaintiff who made the writ, or person or persons summoned as trustees in such action, shall be inhabitants or be residents of Searsport, and in all cases of forcible entry and detainer arising in said town, excepting all actions in which said judge may be interested; provided, that any action, civil or criminal, in which the -when judge judge is interested or related to either of the parties by consanguinity or affinity within the sixth degree, according to the rules of the civil law, or within the degree of second cousin, inclusive, but which would otherwise be within the exclusive jurisdiction of said court, may be brought before and disposed of by any trial justice within said county, in the same manner, and with like effect, as other actions before said trial justices. is inter- Jurisdiction of all cases -exclusive jurisdiction of all offenses in the town. Terms. -town may provide room. -may be adjourned from time to time. Section 6. Said judge shall have jurisdiction in all cases of simple larceny and where the property alleged to have been stolen shall not exceed in value the sum of twenty dollars, and of all cases of cheating by false pretences, where the property, money or other thing alleged to have been fraudulently obtained shall not exceed in value the sum of twenty dollars, and shall have power to try the same and in either of said cases, to award sentence upon conviction by fine not exceeding twenty dollars, or imprisonment in the county jail with or without labor for a term not exceeding ninety days. He shall have exclusive jurisdiction of all offenses arising in said town, which are by any law or statute within the jurisdiction of a trial justice, and concurrent jurisdiction with trial justices of the county of Waldo, of all such offenses arising in said county, out of said town. Section 7. Said court shall be held on the third Wednesday of each month, at ten o'clock in the forenoon, except the month of August, for the transaction of civil business at such place within said town as the judge shall determine; but the town may at any time provide a court room, in which case the court shall be held therein, and all civil processes shall be made returnable accordingly; and it may be adjourned from time to time by the judge, at his direction, but it shall be considered in constant CHAP. 184 session for the cognizance of criminal actions. keep records. may aprecorder. point a -shall pre side in absence of Section 8. It shall be the duty of the judge of said court to Judge shall make and keep the records thereof, or cause the same to be made and kept, and to perform all other duties required of similar tribunals in this state; and copies of said records, duly certified by said judge, shall be legal evidence in all courts. The judge may appoint in writing a recorder, who shall be a trial justice for the county of Waldo, duly qualified, who shall be sworn by said judge, who shall keep the records of said court when requested so to do by the judge; and in case of absence from the court room, or sickness of the judge, or when the office of judge shall be vacant, the recorder shall have and exercise all the judge. powers of the judge, and perform all the duties required of said judge by this act, and shall be empowered to sign and issue all processes and papers, and to do all acts as fully and with the same effect as the judge could do were he acting in the premises; and the signature of the recorder, as such, shall be sufficient evidence of his right to act instead of the judge. When the office of judge is vacant, the recorder shall be entitled to the fees, in all other cases he shall be paid by the judge, and shall hold his said office at the discretion of said judge. -when office recorder entitled to is vacant, shall be fees. may be taken to supreme judicial court. Section 9. Any party may appeal from any judgment or sen- Appeals tence of said court to the supreme judicial court, in the same manner as from a judgment or sentence of a trial justice. Section 10. Writs and processes issued by said court shall Writs and be in the usual forms, and shall be served as like precepts are required to be served when issued by trial justices. Section 11. All the provisions of the statutes of the state relative to attachments of real and personal property and the levy of executions shall be applicable to actions brought in this court, and executions on judgments rendered therein; provided, that property may be attached in addition to the ad damnum sufficient to satisfy the costs of suit. processes, form of. Laws relattachments applicable. ative to of property. Actions, Section 12. Said court is hereby authorized to administer Powers. oaths, render judgment, issue executions, punish for contempt, and compel attendance, as in the supreme judicial court, and make all such rules and regulations, not repugnant to law, as may be necessary and proper for the administration of justice. Section 13. Actions in said court shall be entered on the first day of the term, and not afterwards, except by special permission. When a defendant, legally served, fails to enter his appearance by himself or his attorney, on the first day of the return term, he shall be defaulted; but if he afterwards appear during the term, the court may, for sufficient cause, permit the when en tered. |