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CHAP. 248 and eighty-four feet to an iron monument upon the northwesterly property line of the Boston and Maine railroad; thence south, forty five degrees west, by said property line, fifty-five hundred and eighty-eight feet to an iron monument; thence north, forty-five degrees west, forty-four hundred and eighty-three feet to an iron monument; thence south, fortyfive degrees west, sixty-three hundred feet to an iron monument and post upon the westerly side of Union avenue, so called, standing at the northerly corner of the homestead farm of John Jameson; thence south, thirty-six degrees west, on the line known as the first division line of John Bonythan, seventy-six hundred and forty-four feet to an iron monument in the ditch bank at the edge of the salt marsh bordering on Goose Fair brook; thence on the same course to the center of Goose Fair brook; thence southeasterly, by said brook, to low water mark on Old Orchard beach; thence northeasterly, by the low water line of said beach, to the point of beginning, shall form separate taxes, and shall be assessed upon the polls and estates within said limits, within which such money is to be expended.

Assessors to determine whether abuttors may enter public drains.

SECT. 5. Whenever public drains or sewers shall be constructed within the limits named in section four of this act, it shall be the duty of the assessors, after notice to the abuttors thereof, and hearing, as provided by law in case of laying out of town-ways, to determine whether it is reasonable and proper, that any such abuttor upon whose land any building shall have been erected, shall enter such drain or sewer, and if, in their judgment it shall be reasonable and proper for such abuttor to enter his waste pipes or drains into such pub-to fix amount to lic drain or sewer, they shall determine the amount to be paid by him for the right so to do. They shall also determine the amount to be paid by any abuttor, owning vacant land upon the line of said drain or sewer, if, in their opinion, the same will be benefited thereby. Any person aggrieved by any decision of such assessors, may appeal to the county assessors, may be commissioners for the county of York, within thirty days

be paid for right.

Appeals from

decisions of

taken to county commissioners.

after he has been notified in writing thereof, by said assessors. Said appeal shall be in writing, and after notice stating the time and place of the hearing thereof, served upon said assessors at least seven days before the time fixed therefor, said commissioners shall proceed to hear the parties and their

Damages, how

finally deter

mined and paid.

witnesses, and determine said appeal. When the amount of CHAP. 248 such damages shall be finally determined, it shall be a lien upon the premises upon which it was assessed, and may be enforced by said town of Old Orchard in an action of debt, if the same is not paid within thirty days after such final determination. No abuttor shall enter such public drain or sewer, until the amount to be paid by him therefor shall have been so fixed and paid.

SECT. 6. The inhabitants of said city of Saco, and said town of Old Orchard, respectively, shall own and hold all school houses, town farm, halls and other public property situated within their several limits, after this act shall take effect, and the inhabitants of said town of Old Orchard shall assume and pay all existing and outstanding liabilities incurred for the erection of the school house at said Old Orchard, including a note of one thousand dollars, dated January twentyone, eighteen hundred and eighty-one, signed by Henry W. Staples and F. J. Cousens, committee, payable to John C. Bradbury, treasurer, and all other notes issued by said committee, by virtue of the authority conferred on them by the city council of the city of Saco, June seven, eighteen hundred and eighty, and said inhabitants of the city remaining, after this act shall take effect, shall assume and pay all legal debts and liabilities, now or hereafter outstanding against said city of Saco. Said town of Old Orchard, or any inhabitant, may recover of said city of Saco, any money which he shall be compelled to pay by reason of said debts and liabilities, other than the taxes now legally assessed as aforesaid, and said school house liabilities.

Ownership of

public property

vested in town

where situated.

Town to assume

certain school

house liabilities.

SECT. 7. No person residing within said town of Old Pauper liabilities. Orchard, at the time when this act shall take effect, shall hereafter become chargeable as a pauper, or otherwise, to said city of Saco, unless such person shall hereafter acquire a settlement therein, in some of the modes now provided by law.

SECT. 8. The first meeting of the town of Old Orchard First meeting of town, how called. may be called at Old Orchard by any justice of the peace, by posting his warrant therefor, stating the time, place and purposes of said meeting, in three public and conspicuous places, within said town, seven days, at least, before said meeting. All officers chosen at said meeting shall have all the powers of like officers, as now provided by law.

CHAP. 249

Polls and value of estates get

to each municipality.

SECT. 9. The number of polls set to the city of Saco shall be one thousand four hundred and thirty-three; the value of estates, three million fifteen thousand three hundred and thirty-three dollars; and the number of polls set to the town of Old Orchard, shall be one hundred and twenty-five, and the value of estates three hundred and ninety-three thousand two hundred dollars, and all state and county taxes hereafter shall be assessed accordingly.

SECT. 10. This act shall take effect when approved.

Approved February 20, 1883.

Certain cities and towns authorized

Chapter 249.

An Act to authorize the sale or lease of the Knox and Lincoln Railroad.

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

SECT. 1. The cities of Bath and Rockland and the towns of to consent to sale Wiscasset, Newcastle, Damariscotta, Nobleborough, Waldoand Lincoln R. R. borough and Thomaston, are authorized severally or jointly

or lease of Knox

Proviso.

Company, under conditions,

or lease road.

to consent, that the Knox and Lincoln Railroad Company may sell and convey or lease for a term of years or in perpetuity, the railroad of said company, its franchise, property and rights of property, and to suspend and waive their rights as mortgagees, or otherwise, to take possession of said railroad and property on such terms and conditions as may be determined at meetings of the legal voters of said cities and towns to be called and notified for that purpose; provided, however, that the same terms and considerations shall be offered to all the said cities and towns for the sale or lease as herein provided.

SECT. 2. The Knox and Lincoln Railroad Company, by authorized to sell the consent of said cities and towns and suspension and waiver of their rights as mortgagees or otherwise, to take possession of said railroad and property as provided in the preceding section, is hereby authorized to sell and convey or lease for a term of years or in perpetuity, the railroad of said company, its franchise, property and rights of property, on such terms and conditions as may be determined at a meeting of the stockholders of said company to be called and notified for that purpose.

corporation may

SECT. 3. Any railroad corporation existing or doing busi- CHAP. 250 ness under or by virtue of the laws of this state or any cor- Any railroad poration qualified to acquire and hold the title, may become purchase or lease. the purchaser or lessee of the railroad, its franchise and property aforesaid, or of any right, title or interest in or to the same; and said corporation so becoming the purchaser or lessee as aforesaid, is hereby authorized to make such purchase or take such lease, and to pay for the same, by the issue of Purchaser bonds or in such other manner as may be agreed upon by the issue bonds. parties, and if bonds shall be issued, said purchaser or lessee may secure the payment of the same by a mortgage of its interest in said railroad, its franchise and property.

SECT. 4. This act shall take effect when approved.
Approved February 20, 1883.

authorized to

Chapter 250.

An Aet to amend chapter two hundred and sixty-seven of the special laws of eighteen hundred and eighty, entitled "An Act granting permission to John P. Perley, William F. Perry, and others to locate and construct a railroad from Bridgton to some point on the line of the Portland and Ogdensburg, or Portland and Rochester railroads, not nearer Portland than the village of Saccarappa."

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

SECT. 1. Chapter two hundred and sixty-seven of the special laws of eighteen hundred and eighty is hereby amended by striking out the names and words "Samuel F. Perley, Elias Goff, Albion G. Bradstreet, Bridgton, eighty-four," and inserting instead the names and words, 'George P. Westcott, Charles P. Mattocks, John P. Gilman, Edward Moore, William L. Longley, John M. White, Standish, eighty-eight,' and by striking out the words "Bridgton and" wherever they occur in the name of the corporation, and by adding at the end of section one, the words: 'and provided further, that any part of the Presumpscot river railroad, which said Perley and the other persons herein named and their associates. may locate and construct from time to time within the time mentioned, shall not be forfeited or the rights and privileges thereunder in any way abridged by the failure of said Perley and the other persons herein named, and their associates to construct the whole of said line of railroad,' so that said chapter, as amended, shall read as follows:

ch. 267. special

laws 1880,

amended.

CHAP. 250

als. permitted to

locate and construct railroad.

-location.

'SECT. 1. Permission is hereby granted to John P. PerJohn P. Perley et ley, William F. Perry, William A. Stevens, Joseph L. Wales, Henry A. Shorey, Samuel C. Smith, Freeman H. Brown, George S. Farnsworth, James Webb, Junior, Byron Kimball, Luther Billings, William Iredale, George P. Westcott, Charles P. Mattocks, John P. Gilman, Edward Moore, William L. Longley and John M. White and their associates to locate and construct a railroad from the town of Standish in the county of Cumberland, through the Presumpscot valley to some point on the fine of the Portland and Ogdensburg railroad or Portland and Rochester railroad, not nearer Portland than the village of Saccarappa; provided, that no portion of any such railroad be located or constructed nearer any portion of the buildings or works of the Oriental powder mills, in the towns of Gorham and Windham, than the present track of the Portland and Ogdensburg railroad; and provided further, that said railroad shall be completed on or before November first, in the year of our Lord one thousand eight hundred and eighty-eight, and permission is hereby granted said John P. Perley and others aforesaid, and their associates, to organize Corporate name. under the corporate name of the Presumpscot River Railroad

Proviso.

Company, whenever they shall have complied with the pro-
visions required by chapter one hundred and twenty of the
public laws of the year one thousand eight hundred and sev-
enty-six; and provided further, that said Presumpscot River
Railroad shall connect with the Portland and Ogdensburg rail-
road, if such connections would be as advantageous to the
Presumpscot River Railroad Company as a connection with
the Portland and Rochester railroad would be; and in case of
disagreement between any parties interested, the matter shall
be decided by the railroad commissioners, who are hereby
made judges, and they shall decide the matter at the request
of either of said three railroad companies; and provided
further, that any part of the Presumpscot River Railroad,
which said Perley and the other persons herein named and
their associates may locate and construct from time to time
within the time mentioned, shall not be forfeited, or the rights.
and privileges thereunder in any way abridged by the failure
of said Perley and the other persons herein named and their
associates to construct the whole of said line of railroad.'
SECT. 2. This act shall take effect when approved.
Approved February 21, 1883.

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