Clark v. Maine Shore Line B. Co.
| Decision Date | 15 April 1889 |
| Citation | 17 A. 497,81 Me. 477 |
| Parties | CLARK et al. v. MAINE SHORE LINE B. CO. |
| Court | Maine Supreme Court |
Exceptions from supreme judicial court, Hancock county.
The Maine Shore Line Railroad Company, July 7, A. D. 1886, filed and entered in the county commissioners' court of Hancock county, at the July term thereof, their petition for assessment of damages to certain lands, including those of A. W. Clark et al. Proper proceedings were had before said commissioners, the said Clark et al. being present, and said commissioners, on the 27th day of January, A. D. 1887, at their regular January term, 1887, made their report of their estimate of damages received by said Clark et al., and it was admitted that the record shows said report as recorded on that date. The notice to said Clark et al., provided by statute, stating said award, was not served on either of them until January 9, A. D. 1888. At the April term, A. D. 1888, of this court, in Hancock county, the said Clark et al. filed their complaint of appeal, duly served, being aggrieved by the award of said commissioners. The respondents thereupon duly filed their motion to dismiss, which was sustained by the court, and appellants excepted.
G. P. Dutton, for plaintiff. Hale & Hamlin, for defendants.
This is an appeal from assessment of damages by the county commissioners for land taken for the location of the road of the Maine Shore Line Railroad Company. The only question is whether the appeal was seasonably taken in accordance with Rev. St. c. 51, § 23. July 7, 1886, the defendant corporation petitioned the county commissioners to assess damages for taking the appellants' land. After due proceedings had, their report was made and recorded on the 27th day of January, 1887, being their regular January session, of their estimate of damages received by the appellants. The notice to these appellants provided by section 22, stating the amount of damages awarded, was not served on either of the appellants until January 9, 1888. At the April term of this court, 1888, being the next term after the service of notice upon them, the appellants filed this appeal. Thereupon the respondents filed a motion to dismiss the appeal on the ground that it was not seasonably taken, which was sustained by the court.
It is admitted by the learned counsel for the appellants that, if a literal and technical interpretation is to be given to the statute, then the appeal was not seasonably taken, for by the language of section 23 the appeal must be "to the next term of the supreme judicial court to be held in the county where the land is situated, more than thirty days from the day when the report of the commissioners is made," etc. It is true that the appeal was taken at the next term of this court after service upon the appellants of the notice issued by the clerk of the commissioners as provided in section 22. By that section the etc.
On the part of the appellants it is maintained that this language is not directory merely, but mandatory, and that in the construction of section...
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