remains in force today.23 The selectmen, on application of twenty freeholders, may establish a fire district which shall elect annually a clerk, treasurer, collector and a prudential committee of three. The district may vote taxes to provide the means of fire protection, and may adopt by-laws for the prevention of fires.24 Few cases appear of fire districts organized under special acts but there are on the statute books numerous acts granting additional powers in special cases. Among the powers thus conferred are to be found the following:-to introduce a water supply,25 to maintain street lights;26 and to build sewers.27 The multiplicity of applications for broader powers for fire districts led, in 1908, to an amendment to the general law giving them authority to lay taxes for providing lights and sewers.28 In addition to the villages and fire districts in the state, there have been created from time to time, by special act, lighting districts for the sole purpose of supplying lights.29 The villages and fire and lighting districts make up a reasonably adequate system of village government. In Maine, which stands next in order to Vermont with respect to the development of village government, the acceptance of the institution seems to have been far less cordial than in the latter state. The incorporation of villages began as early as 1850 but the year 1890 found only nine such corporations in existence. At the same time there has been no reluctance to grant city charters to places of moderate size. Of the twenty cities in the state, thirteen have a population of less than 10,000 and four have less than 5000. By 1910 the number of villages had risen to twenty-one, and included places varying in size 23 Laws 1870, No. 41. 24 Laws 1910, No. 117. 25 Brandon, Fire Dist. No. 1, Laws 1880, No. 174; Readsboro, Fire Dist. No. 1, Laws 1886, No. 235. 26 Manchester, Fire Dists. No. 1 & 2, Laws 1896, No. 280; Castleton, Fire Dist. No. 1, Laws 1900, No. 192. 29 Chester, Laws 1892, No. 199 and Laws 1896, No. 226; Newbury, Laws 1904, No. from 83 to 5,427. Nine of these had less than 1,000 inhabitants. In the absence of general laws, each village exists by reason of a special charter. The first mention of organized villages in the general laws is in 1857.30 The revision of 1903 provides that "towns, cities and village corporations may make by-laws and ordinances not inconsistent with law" for the following purposes: -managing their prudential affairs, police regulation, health, regulation of the sale of certain commodities, layout and maintenance of sidewalks, trees, parks, squares and monuments, regulation of building, regulation of fares, the removal of snow and the location of markets.31 The only instance found of a general law applicable to all villages alone is that whereby villages located in a town not maintaining a public library may lay taxes to support such an institution.32 Despite minor variations, there is a well-defined typical form of village organization. The officers are usually three assessors, clerk, treasurer, collector, one or more fire wardens and such others as are provided in the by-laws, all elected for one year, except in rare instances where one assessor is elected each year for a term of three years. The assessors are the general municipal officers of the corporation and "shall have charge of its affairs and of the expenditure of money therein."'33 In certain instances they are expressly clothed with the highway and sewer authority of selectmen,34 and may appoint such additional officers as are provided for in the by-laws.35 In two instances it is required that the assessors be real estate owners.36 The legislative authority is the village meeting, presided over by a moderator elected at each meeting. This body has power to raise money by taxation for and to pass by-laws concerning a water supply and fire protection in all cases. To these are 30 Revised Statutes 1857, c. 3. 36 Porter Kezar Falls, Laws 1911, c. 217. Wilton, Laws 1907, c. 224; Sangerville, Laws 1911, c. 122. added powers over some or all of the following subjects:-sidewalks, lights, sewers, police, shade-trees, schools, street sprinkling, and the regulation of the sale of milk and of the removal of garbage.37 The care of highways is exercised in conjunction with the town, or the village receives a portion of the town's highway money to expend independently.38 To these specific powers are sometimes added such general grants as for "the efficient management of its affairs"38 or to do anything "not inconsistent with the constitution and laws of this state as they may deem efficient for the better governing of the corporation."40 The growth of colonies of summer residents along the coast has resulted in the development of a slight variation from the usual type of village government. In Squirrel Island and Bayville, typical cases of this kind, the assessors are replaced by five overseers, and the electorate includes the voters of the town resident in the village and in the one case members of the Squirrel Island Association, and in the other of the Bayville Improvement Association. To these are added in both cases lot occupiers in the village. In these two instances the town is relieved of responsibility for roads and schools, and the town turns over to the village sixty per-cent of the taxes collected within the village limits. An example of the reluctance felt to incorporating a village extending into two towns is furnished in the case of Kezar Falls which lies in the two towns of Parsonsfield and Porter. To meet this condition two village corporations were formed, "Parsonsfield Kezar Falls" and "Porter Kezar Falls", chartered on the same day, with practically identical powers, and with express permission to join with each other for certain purposes.42 Lacking a wider acceptance of the principle of village incorporation there have appeared bodies of narrow scope for providing 37 York Beach, Laws 1901, c. 455; Prospect Harbor, Laws 1907, c. 398; Rumford Falls, Laws 1907, c. 392; Kittery, Laws 1905, c. 350. 38 Kittery, Laws 1905, c. 350; York Beach, Laws 1901, c. 455. * Sangerville, Laws 1911, c. 122. 40 Parsonsfield Kezar Falls, Laws 1911, c. 216. 41 Squirrel Island, Laws 1903, c. 55; Bayville, Laws 1911, c. 227. 42 Parsonsfield Kezar Falls, Laws 1911, c. 216; Porter Kezar Falls, Laws 1911, c.217. specific utilities. A unique and interesting instance is the incorporating of the two villages of Dover and Foxcroft under the title of the" Dover and Foxcroft Fire Company," with power to provide a fire department and a water supply.43 The suffrage is restricted to tax payers, and the officers are a supervisor, clerk, treasurer, collector, three assessors and four fire wardens. Under the name of "water district" portions of a town or city, or parts of two or more towns or cities are incorporated for the purpose suggested by the name. The territory adjacent to Farmington village is thus incorporated, with a board of three assessors.44 A part of the city of Augusta is incorporated in this way and its affairs administered by three trustees appointed by the city council.45 The trustees of the Brunswick and Topsham Water District are appointed by the selectmen of the two towns concerned.45 The Livermore Falls Water District is created to supply water to the village and the surrounding towns.47 Kennebec Water District includes the city of Waterville and the village of Fairfield.48 Having incorporated the first cities in New England in 1784, Connecticut led the way by creating, under the title of borough, the first village corporation in New England.49 Others followed with increasing frequency until, by 1850, nineteen boroughs had been formed. Several of the earlier ones have become cities and others have surrendered their charters. The number in 1910 was twenty-six. No maximum or minimum of population for boroughs is fixed by law. While, in 1910, of the eighteen cities in the state, five had less than 10,000 inhabitants, two boroughs50 exceeded that number and six were larger than the smallest city. The greater number range in population from 1,000 to 7,000, but the smallest has a permanent population of but 34.51 43 Dover and Foxcroft, Laws 1863, c. 262; Laws 1903, c. 11. "Laws 1909, c. 376. 45 Laws 1903, c. 334. 48 Laws 1903, c. 158. 47 Laws 1907, c. 390. 48 Laws 1905 c 152. See also Gardiner, Laws 1903, c. 82. " Bridgeport, Acts and Resolves, May 1800, p. 535. 50 Naugatuck and Torrington. Fenwick, a summer cottage settlement. The borough organization, though always created by special act, conforms to a general type well represented by Farmington.52 The usual corporate style, "The Warden, Burgesses and Freemen of the Borough of -" suggest the English ancestry of these corporations. Every resident elector and any freeman resident in the town and owning real or personal property rated in the borough at five hundred dollars is a freeman of the borough.53 In the earlier charters any non-resident owning real estate of any value or conducting a regular business within the limits of the borough, might become a freeman of the borough.54 In the earliest charters the non-resident freemen were on an equality with the residents, but later ones withhold from non-residents the right to hold office.55 In charters granted in 1847 and 1849 this class was first denied rights as freemen.56 The officers are usually a warden and six burgesses who together constitute the council. The burgesses hold office either for one year or for three years. In the latter case two are renewed each year.57 One case occurs in which the election is annual but no elector may vote for more than three of the six burgesses to be chosen.58 Besides the officers already mentioned there are elected annually a clerk, treasurer, assessors and a sheriff, sometimes called bailiff. The warden is the chief executive officer and is a member of the council. The council makes by-laws, has general oversight of the prudential affairs of the borough and acts as a board of health. Taxes are levied by the freemen, in borough meeting. The powers of the earlier boroughs were strictly enumerated and usually included the subjects of:-markets, streets, nuisances, wharves, shade trees, walks, fire protection, watch, burials, lights and estrays.59 To these were added, from time 52 Laws 1901, c. 375. 53 Laws 1901, c. 375. 54 Bridgeport, Acts and Resolves, May 1800, p. 535; Stonington, Private Laws, vol. I, p. 216; Guildford, Private Laws, I. 190. 55 Clifton, Private Laws, I. 174. 56 Private Laws, I. 195, 197. 57 Ridgefield, Laws 1901, c. 19. 5 New Milford, Laws 1897, c. 329. Bridgeport, A. & R., May 1800, p. 535. |