Imagens da página
PDF
ePub

CHAP. 184 default to be taken off.

-if defendant fails to appear, shall be defaulted.

-when de-
fendant
may file
his plead-
ings.

-when actions shall be in order for trial.

When judge and recorder are absent, any trial justice may preside.

-may adjourn without day.

Costs and

fees allowed to parties and witnesses.

Fees of judge.

Pleas in abatement must be filed on or before the day of the entry of the action. The defendant may file his pleadings, which shall be the general issue, with a brief statement of special matters of defense, on the return day of the writ, and must file them on or before the first day of the next term, or he shall be defaulted, unless the court, for good cause, enlarge the time for which it may impose reasonable terms. Actions in which the defendant files his pleadings on the return day, and all actions of forcible entry and detainer seasonably answered to, shall be in order for trial at the return term, and shall remain so until tried or otherwise disposed of, unless continued by consent or on motion of either party for good cause, in which latter case the court may impose such terms as it deems reasonable; but all other actions, unless defaulted or otherwise finally disposed of, shall be continued as of course, and be in order for trial at the next term.

Section 14. If at any regular or adjourned term of said court to be held for civil business, the judge or recorder is not present at the place for holding said court within two hours after the time for opening said court, then any trial justice or justice of the peace in the county of Waldo, may preside for the purpose of entering and continuing actions, and filing papers in said. court, and may adjourn said court from time to time, not exceeding one week at any one time, without detriment to any action returnable or pending, and may in his discretion, adjourn said court without day, in which event all actions returned or pending, shall be considered as continued to the next term. No trial justice or justice of the peace shall be disqualified from presiding for the purpose mentioned in this section, by reason of his being interested in any action returnable before or pending in said court.

Section 15. The costs and fees allowed to parties, attorneys and witnesses in said court shall be the same as allowed by trial justices in actions before them, except that the plaintiff, if he prevail, shall be allowed two dollars for his writ; and the defendant, if he prevail, two dollars for his pleadings.

Section 16. The judge of said court may demand and receive the same fees allowed by law to trial justices and clerks of the supreme judicial court for similar services, except that he shall receive for every blank writ signed by him, four cents; for the entry of each civil action fifty cents; for every warrant issued by him, one dollar; for the trial of an issue in civil or criminal cases, two dollars for every day actually employed; and said fees for the trial of an issue in civil actions shall be paid by the plaintiff before proceeding with the trial each day, to be taxed

in his costs, if he prevail; and the fees so received by said judge CHAP. 185 shall be payment in full for his services.

of trial

justices re

stricted.

Section 17. Trial justices are hereby restricted from exer- Jurisdiction cising any jurisdiction in the town of Searsport over any matter or thing, civil or criminal, except such as are within the jurisdiction of justices of the peace and of the quorum; provided, that said restrictions shall be suspended until the judge of said court shall enter upon the duties of his office.

Section 18. Nothing in this act shall be construed to interfere with actions already commenced before trial justices in the town of Searsport, but all such actions shall be disposed of by such trial justices the same as if this act had not passed. Section 19. This act shall take effect when approved.

Approved March 17, 1899.

How pendshall be

ing actions

disposed of.

Chapter 185.

An Act to extend the rights, powers and privileges of the Franklin, Somerset and
Kennebec Railway Company.

Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:

Charter ex

tended, for

two years.

of Franklin

Company,

Section 1. The rights, powers and privileges of the Franklin, Somerset and Kennebec Railway Company which were granted by chapter four hundred sixty-seven of the private and special laws of the state of Maine for the year eighteen hundred and ninety-seven are hereby extended for two years additional, and all rights, powers and privileges that were granted by said act to said company may and shall be exercised in the same manner and for the same purposes as provided in said act, provided, that the said Franklin, Somerset and Kennebec Railway Com--if claims pany, shall on or before the first day of December, in the year Construction of our Lord eighteen hundred and ninety-nine, pay all notes of the company dated on the first day of March, in the year of our Lord eighteen hundred and ninety-nine, issued by said company in payment of claims against it and the Franklin Construction Company for labor done and material furnished in the construction of the road of said company, and shall pay to the Kennebec and Franklin Railway all sums paid by said Kennebec and Franklin Railway for its preliminary survey not exceeding eight hundred dollars. Said sum to be repaid whenever said Kennebec and Franklin Railway shall build its railroad as authorized by law.

Kennebec
in Railway

and Frank

are paid.

CHAP. 186 Authorized to extend road by

consent, over line between

New Sharon and Augusta.

Section 20, amended.

Charter

valid, over line between Waterville and shore of

Great Pond.

Section 2. Said Franklin, Somerset and Kennebec Railway Company is authorized, with the consent of the Kennebec and Franklin Railway, to exercise all its rights, powers and privileges, over the route between New Sharon and Augusta, or any part thereof, covered by the charter of the Kennebec and Franklin Railway.

Section 3. Section twenty of the original act is hereby amended by adding the following words: provided, also, that there may be built and this charter shall remain operative and valid as to any portion of the line upon and over which a railroad may be built between the Kennebec river in the city of Waterville and the easterly shore of Great pond in the county of Kennebec on or before the thirty-first day of December, eighteen hundred and ninety-nine..

Section 4. This act shall take effect when approved.

Approved March 17, 1899.

Lewiston, Brunswick and Bath

Street Railway, authorized to increase its capital stock.

-purposes.

Chapter 186.

An Act to authorize the Lewiston, Brunswick and Bath Street Railway and the
Portsmouth, Kittery and York Street Railway to increase their capital stocks.

Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:

Section 1. The Lewiston, Brunswick and Bath Street Railway, for the purpose of building such extensions as it now is or may hereafter be authorized to build, or of building power stations or other necessary buildings, or of abolishing grade crossings, or of making permanent improvements, or of paying its floating debt, or of paying its funded debt, or for the payment of money borrowed for any lawful purpose, or for the purchase of shares of the capital stock of any street railroad corporation whose railroad is now or hereafter leased to or operated by it, or for the purchase of shares of the capital stock of any street railroad corporation of which capital stock it owns a majority, or for other necessary and lawful purposes, may, from time to time, with the approval of the railroad commissioners as hereinafter provided, increase its capital stock beyond the amount now fixed by law, provided such increase shall first be authorized by vote of a majority of the stock present or represented at a legal meeting of the corporation specially notified and called for exceed pres- the purpose, and provided further, that such increases shall not in all, exceed the present amount of the capital stock of such corporation as now authorized by law, and in no event shall such increases exceed five hundred thousand dollars.

-shall have
approval
of railroad
commis-
sioners and
a majority
of stock.

-increases shall not

ent capital stock.

Increase shall be determined on

hearing.

Section 2. Upon petition of the directors of such corporation CHAP. 186 to the board of railroad commissioners, the amount of such increase after such notice by publication or otherwise as the commissioners may order, and after hearing, shall be determined by petition and such commissioners, who shall within thirty days after final hearing of said petition, file in the office of the secretary of state, a certificate showing the amount of increase authorized, if any, and the purposes for which the proceeds of said new stock may be used; and the corporation shall not apply such increase or the proceeds thereof to any purpose not specified in said certificate and may be enjoined from so doing by any justice of the supreme judicial court upon application of the board or of any interested party.

Section 3. Any member of the board of directors or any treasurer or other officer or agent of such corporation who knowingly votes to authorize the issue of, or knowingly signs, certifies or issues stock authorized by this act, contrary to its provisions, or who knowingly votes to authorize the application of, or knowingly applies the proceeds of said stock contrary to the provisions of this act, or who knowingly votes to assume or incur, or who knowingly assumes or incurs in the name or behalf of such corporation, any debt or liability except for the legitimate purposes of the corporation, or who pays, votes to pay, or promises to pay any dividend upon stock so authorized, not actually and legally earned in good faith, or who knowingly and willfully misstates any material fact to procure the issue or sale of such stock, shall be punishable by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or by both fine and imprisonment.

Section 4. Before issuing any of said stock, the directors of such corporation shall cause notice to be mailed to each stockholder to his address of record upon the stock books, offering to each stockholder his pro rata proportion of such stock for thirty days at par, and such stockholders shall during said thirty days have the right to so take and subscribe for said stock at par in the proportion of their several respective holdings.

Section 5. The Portsmouth, Kittery and York Street Railway is also authorized to increase its capital stock to the extent of its present authorized stock in the manner authorized by this

act.

Section 6. No corporation exercising the privileges of this act shall have the right to run over the tracks of another street railroad without its consent or without legislative consent hereafter granted.

Approved March 17, 1899.

certificate

shall be

filed with of state.

secretary

Penalty of

any direcofficer who issue stock

tor, or

votes to

contrary,

etc., to

this act, etc.

Stockhold

ers shall
to subscribe
in propor-
holdings.

have right

for stock,

tion to

Portsmouth,

kittery and Railway au

York Street

thorized to increase capital

stock. shall run of street

No company

over traсKS

railroad, without

consent.

CHAP. 187

Gardiner municipal court,

established.

-court of record, seal. -present judge shall continue in office.

Concurrent jurisdiction with su

perior court, where debt

does not ex

Chapter 187.

An Act in relation to the Police Court of the City of Gardiner.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section I. The police court in the city of Gardiner in the county of Kennebec, shall be hereafter styled the Gardiner Municipal Court; and shall be a court of record, and have and use a seal on all original processes; the present judge of said court shall continue in office until the end of the term for which he was appointed.

Section 2. In addition to its present jurisdiction, the said court shall further have concurrent jurisdiction with the superior court of Kennebec county in all personal actions where the debt or damage claimed is over twenty dollars, and not over one hunceed $100, etc. dred dollars and in all actions of replevin when it appears that the sum demanded for the penalty, forfeiture or damages exceeds twenty dollars, and does not exceed one hundred dollars, or that the property in the beasts or other chattels is in question, and the value thereof exceeds twenty dollars and does not exceed one hundred dollars, and either the defendant or person summoned as trustee is resident in Kennebec county; but this jurisdiction shall not include proceedings under the divorce laws, nor complaints under the mill act, so called.

-does not include proceedings in divorce

cases.

Law relating to at

tachments,

able to

actions in this court.

Section 3. All the provisions of the statutes of this state, relative to the attachment of real and personal property and the made applic- levy of executions shall be applicable to actions in this court, and executions on judgments rendered therein; provided, that property may be attached, equal in value to the ad damnum, and in addition thereto, sufficient to satisfy costs of suit. Actions may be referred, and judgment on the referee's report may be rendered in the same manner and with the same effect as in the superior court.

-actions

may be referred.

Costs, how taxed.

Section 4. In any action in which the plaintiff recovers not over twenty dollars debt or damage, the costs to be taxed, shall be the same as before a trial justice, except that the plaintiff shall recover two dollars for his writ. Where the defendant prevails in any action in which the sum claimed in the writ is not over twenty dollars, he shall recover two dollars for his pleadings, and other costs as before trial justices. In actions where the amount recovered by plaintiff, exclusive of costs, exceeds twenty dollars, or the amount claimed exceeds twenty dollars, where the defendant prevails, the costs shall be the same as in the superior court, except the costs to be taxed for attendance which shall be two dollars and fifty cents for each term.

« AnteriorContinuar »