Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 1

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...5, it is provided," That in all such towns or districts, " where one or more parishes or precincts shall be regularly set eff "from such towns or districts, the remaining part of such town or " district is deemed, declared and constituted an entire, perfect and " distinct parish or precinct, and shall be considered as the principal "or first parish or precinct." And it has been decided that a poll parish, or a parish composed of individuals living in different parts of a town, without being described by geographical boundaries, is without the meaning of the statute, and when incorporated is consid O ered as being " set off from the town." 7 Mass., 441, 445; 8 Mass., 96. By the act therefore of the 26 February, 1811, incorporating a poll parish in Winthrop, the remaining part of the town became the first parish, and the town as such had no longer any parochial duties to perform. To these duties the first parish succeeded; and it also became entitled by law to all the rights and privileges, which appertained to the town in its parochial capacity. 7 Mass., 4-15; 10 Mass., 93. The town could have no further use for a ministerial fund; and it would be a gross misapplication of these moneys to permit them to be appropriated to other purposes. The first parish in"Winthrop became therefore the trustees of the fund under the resolve of March 1,1799, arising from the sale of the land thereby authorized, and to them it ought of right to have been transferred upon the creation of the poll parish. But it is contended that if the rights of the parties are thus to be recognized and established, the plaintiffs have misconceived their remedy, which should have been, after demand, trover for the...
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Product details

  • Paperback | 158 pages
  • 189 x 246 x 9mm | 295g
  • United States
  • English
  • black & white illustrations
  • 1236744039
  • 9781236744036