CHAP. 164 terms for use of property taken. Commissioners shall make report of their general estimate of damages. Appeal may be taken from decision of county commis sioners. Taker may deposit sum for which execution was issued, with ir.terest in full satisfaction of claims. When damages remain erty taken, by the owner thereof, and by the taker respectively, as will secure the best accommodation of the owners of the property, and the convenient use of the same by the taker. In case of appeal by either party the only question in issue shall be the amount or measure of damages on the terms and conditions imposed by the commissioners. Section 6. Said commissioners shall, at a regular session, make a report of their general estimate of damages, stating therein specifically, the terms and conditions imposed by them and the rights and obligations of each party, and cause it to be recorded; their clerk shall then make out a notice to each person, stating the amount of damages awarded to him, which shall be served by an officer on those resident in the state, and upon others, if any, by a publication three weeks successively in a newspaper printed in the county, if any, if not, in the state paper. The expense of notices shall be added to the costs of the proceedings which shall be paid by the taker. Section 7. Any person aggrieved by the decision or judgment of the county commissioners in relation to damages for property taken, may appeal to the next term of the supreme court to be held in the county where the property is situated, more than thirty days from the date when the report of the commissioners is made, excluding the day of the commencement of the session of the court, which court shall determine the same by a committee of reference if the parties so agree, or by the verdict of its jury; and shall render judgment and issue execution. If the owner appeal and the damage finally recovered is not more than the award of the county commissioners, the taker shall recover costs from the time of appeal, otherwise the owner shall recover costs. If the taker appeal and the damage finally recovered is not less than the award of the county commissioners, the owner shall recover costs from the time of appeal, otherwise the taker shall recover costs. The appellant shall serve written notice of such appeal upon the opposite party fourteen days at least before the session of said court, and shall at the first term file a complaint setting forth substantially the facts of the case. On the trial exceptions may be taken as in other cases. Section 8. When the proceedings are closed the taker may deposit with the clerk the sum for which execution was issued with interest thereon to time of deposit, which shall be in full satisfaction of all claims unless a demand has been previously made and payment neglected. Section 9. When the damages remain unpaid for more than thirty days after they are due and demanded or the security CHAP. 164 more than bled. 30 days bill hereinbefore provided for is not deposited, a bill in equity may unpaid for be filed in court, in term time or vacation, by the person whose property is taken praying for an injunction against the use or occupation of his property taken. If proceedings for an estimation of damages are not commenced within three years, and the owner of the property files a bill praying therefor, the court. may estimate the damages, decree their payment and issue an execution therefor; and the plaintiff shall be entitled to a bill for an injunction. In either case, any justice of the court, after summary notice to the taker and upon proof of the facts, may, without any bond filed, issue an injunction prohibiting such use and occupation until all damages and costs are paid. The bill shall be entered, service of it made, and continued at the next. term after the injunction is issued. At the second term, if payment has not been made, the injunction may be made absolute; and all rights acquired by taking the property cease, and the owner may maintain an action for its recovery and protection. Section 10. Service of an injunction issued against any service of person whether a party to the bill or not, may be made upon him and he shall be liable to all the penalties and consequences provided for a breach of it. The court may order persons violating such injunction, after service, or using the property, to show cause at a time fixed, why a decree should not be entered and execution issued against them individually, and their goods. and estate, for the damages, interest, costs, and for additional damages and costs for breach of the injunction. Upon service and return of such order, the court may enter such decree as is just and equitable against such persons, and issue execution accordingly, or may proceed against them as for breach of injunction in other chancery cases. Section II. No failure by the owner of the property to make application for the assessment of damages within said three years, shall be held to be a waiver by him of compensation for property so taken. Section 12. This act shall not apply to petitions for assessment of damages already brought; except as to such petitions, all acts or parts of acts inconsistent herewith, are hereby repealed. This act shall in no way affect section thirty-three of chapter fifty-one of the revised statutes. Section 13. This act shall take effect when approved. Approved March 24, 1905. injunction. Failure of owner to apply for assessment of damages, not a waiver. In which may apply. cases this act CHAP. 165 Compensa tion of judges of probate. This act shall take effect July 1, 1905. Chapter 165. An Act relating to the Compensation of Judges of Probate. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. The judges of probate are entitled to receive annual salaries from the treasurers of their counties in quarterly payments on the first days of January, April, July and October as follows: Androscoggin, one thousand dollars. Aroostook, one thousand dollars. Cumberland, two thousand five hundred dollars. Franklin, four hundred dollars. Hancock, eleven hundred dollars. Kennebec, fifteen hundred dollars. Knox, five hundred dollars. Lincoln, four hundred dollars. Oxford, seven hundred and fifty dollars. Penobscot, sixteen hundred dollars. Piscataquis, five hundred dollars. Sagadahoc, seven hundred dollars. Washington, eight hundred dollars. York, one thousand dollars; and the fees to which they are entitled by law shall be taxed and collected, and paid over by the registers of probate to the county treasurers for the use of their counties. Section 2. This act shall take effect on the first day of July, one thousand nine hundred and five. Approved March 24, 1905. Section 15, chapter 57, R. S., amended. Free library maintained by an association Chapter 166. An Act to amend Section fifteen of Chapter nity-seven of the Revised Be it enacted by the Senate and House of Representatives in Section I. Section fifteen of chapter fifty-seven of the revised statutes is hereby amended by inserting after the word "association" in the second line of said section the words 'or by trustees,' so that said section, as amended, shall read as follows: 'Section 15. Any town or city, in which there is a library owned or controlled by a corporation or association, or by trustees, may appropriate a sum not exceeding one dollar for each CHAP. 167 receiving considered a public library. of its ratable polls in the year next preceding to procure for such library the free use of its books for all the inhabitants and shall be of the town or city, under such restrictions and regulations as shall insure the safety and good usage of the books; and such a library shall then be considered a free public library within the meaning of this chapter, and said town or city shall be entitled to the benefits of the preceding section, provided that any books and documents purchased with said stipend, and all books and documents donated by the state, shall be and remain the property of said municipality.' Section 2. This act shall take effect when approved. Approved March 24, 1905. Chapter 167. An Act to amend Section twenty-three of Chapter one hundred and nineteen of the Revised Statutes of the State of Maine, relating to offenses against persons, and to prevent the improper use of telephones. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: chapter 119, R. S., amended. Section twenty-three of chapter one hundred and nineteen of Section 23, the revised statutes of the state of Maine is hereby amended by inserting after the words "justice of the peace," in the eighth line thereof, the following: "And whoever without reasonable cause or provocation shall wilfully and wantonly or maliciously vex, irritate, harass or torment any person by communications to, or conversation with, such person over or by means of any telephone, or shall call out any fire department, police department or other municipal department, or any portion or persons thereof, by intentionally giving a false alarm or call to such department or to any officer or member thereof by means of any telephone line or lines," so that said section, as amended, shall read as follows: for threatening, vexing, harassing or etc. 'Section 23. Whoever, verbally, or by written or printed Punishment communication maliciously threatens to accuse another of a crime or offense, or to injure his person or property, with intent tormenting, thereby to extort money or procure any advantage from him, or to compel him to do any act against his will, and whoever being more than sixteen years of age shall wilfully and wantonly or maliciously vex, irritate, harass or torment any person in any way, after having been forbidden so to do, by any sheriff, deputy sheriff, constable, police officer or justice of the peace, and whoever without reasonable cause or provocation shall wilfully and CHAP. 168 telephone. wantonly or maliciously vex, irritate, harass or torment any person by communications to, or conversation with, such person over or by means of any telephone, or shall call out any fire -by means of department, police department or other municipal department, or any portion or persons thereof, by intentionally giving a false alarm or call to such department or to any officer or member thereof by means of any telephone line or lines shall be punished by imprisonment not exceeding two years, or by fine not exceeding five hundred dollars.' Approved March 24, 1905. Section 2, chapter 25, R. S., amended. County Chapter 168. An Act to amend Section two of Chapter twenty-five of the Revised Statutes, relating to Ferries. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section two of chapter twenty-five is hereby amended by inserting after the words "fix their tolls" the words 'and in case no person is found to keep them for said tolls, regulate and fix the compensation of the ferryman,' so that said section, as amended, shall read as follows: 'Section 2. They may establish ferries at such times and places as are necessary, and fix their tolls, and when no person is found to keep them for said tolls, shall regulate and fix the compensation of the ferryman, and shall discontinue the same when, in their judgment, shall be expedient. When no person is found to keep them for the tolls, the towns in which they are established shall provide a person to be licensed to keep them, and shall pay the expenses, beyond the amount of tolls received, for maintaining them. When established between towns, they shall be maintained by them in such proportion as the commissioners order. For each month's neglect to maintain such ferry or its proportion thereof, each town forfeits fifty dollars.' Approved March 24, 1905, |