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ments above specified then and not otherwise upon a further CHAP. 95 payment of two hundred dollars, the said Staples and Irish and their assignees shall execute to this corporation a full and complete assignment of the charter approved March eleven, eighteen hundred and eighty, and known as the Black Brook and Swift River Improvement Company and the same assigned to said Staples and Irish and the Oxford Land Company by David R. Hastings and others and thereupon this corporation shall succeed to all the rights and privileges contemplated by said act.

be reduced.

SECT. 9. Said company shall keep a true and accurate When tolls shall account of the cost of such improvements as shall be made, which shall be open to inspection at all times to land owners or operators; and when the toll received on said river shall have paid the cost of improvements thereon and interest, then the toil thereon shall be reduced to a sum sufficient to keep the works in repair and make necessary improvements. SECT. 10. Any two corporators may call the first meeting First meeting, by delivering in hand or mailing to the last known post office address of their associates herein named a written or printed notice signed by them, stating the time, place and object of said meeting, seven days at least before said time and a majority present may accept this charter.

SECT. 11. This act shall take effect when approved.

Approved February 20, 1891.

how called.

Chapter 95.

An Act to amend the charter of Bangor Electric Light and Power Company.

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

SECT. 1. Bangor Electric Light and Power Company, a corporation organized under the general laws of Maine, the certificate of incorporation of which was filed in the office of the secretary of state, on the second day of May eighteen hundred and eighty-five, is hereby authorized and empowered. to subscribe for or purchase and pay for, own and hold stock in the Veazie Lumber Company.

SECT. 2. The acts of said Bangor Electric Light and Power Company in issuing its bonds, dated October fifteen,

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CHAP. 96

eighteen hundred and ninety, and in mortgaging its property and franchises to secure the payment of the same, are hereby ratified and confirmed.

SECT. 3. This act shall take effect when approved.

Approved February 21, 1891.

Corporators.

-corporate name.

Capital stock.

Authorized to improve Ellis river.

-proviso.

Damages for land and for flowage, how determined.

Chapter 96.

An Act to incorporate the Ellis River West Branch Improvement Company.

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

SECT. 1. G. C. Moses, F. H. Twitchell, E. Plummer, W. E. Plummer and W. H. Newell, and their associates, successors and assigns, are hereby incorporated under the name of the Ellis River West Branch Improvement Company, with all the privileges and subject to the liabilities incident to corporations of a similar nature.

SECT. 2. The capital stock of said company shall be five thousand dollars and the Androscoggin Water Power Company is hereby authorized to hold stock in said corporation.

SECT. 3. Said corporation is hereby authorized to improve the west branch of Ellis river and its tributaries, in the county of Oxford, for log driving purposes, and for this purpose, to widen, deepen and remove obstructions from the channels of said river and its tributaries, and to construct dams, side dams and sluice ways therein, to erect booms, side booms and piers therein, and to make such other improvements in said river and along any part thereof down to Ripley's mill at Andover Corner, as may be necessary and proper to facilitate log driving, provided, that such improvements shall not interfere with the reasonable and proper use of any mills or works now in operation upon said river.

SECT. 4. For any materials taken for the purposes aforesaid, reasonable compensation shall be made to the owners thereof, to be ascertained in the same manner and under the same conditions as are provided in the case of damages by laying out of public highways; and for any damages by flowage reasonable compensation shall be made to the parties injured, to be ascertained in the same manner as now pro

vided by law in cases of flowing lands by erection of dams CHAP. 96

and mills.

SECT. 5. After the improvements contemplated by this May fix tolls. act shall have been made in said river and its tributaries, and during such time as the same shall be kept in proper condition to facilitate the passage of logs and pulp wood, the said corporation may demand and receive fifteen cents per thousand feet, woods scale, for all long lumber consisting of logs, masts or spars, and two cents per cord for all spruce, pine or poplar wood, intended for pulp wood, that shall be placed in said river or its tributaries, above Ripley's mill, at Andover Corner, for passage through or by its said works, and which shall pass to or by said Ripley's mill.

SECT. 6. And said corporation shall have a lien on said lumber and wood for said toll, to be enforced by attachment and suit to be begun within ninety days after the same shall arrive at its destination.

shall have lien

on lumber for

tolls.

When tolls shall

SECT. 7. When the tolls on the lumber and pulp wood specified herein, including tolls on all lumber and pulp wood be reduced. driven down said stream by this corporation, shall amount to a sum sufficient to pay the cost of all improvements actually made on said stream, with interest thereon at the rate of six per cent per annum, then said toll shall be reduced to a sum sufficient to keep said improvements in repair and pay for any additions thereto as needed from time to time to facilitate said. log driving.

account of all

money expended.

SECT. 8. Said corporation shall keep an account of all Shall keep an moneys paid out for said improvements upon said stream and all moneys received for toll, for lumber or pulp wood, driven down said stream, at its office, and the same shall be open at all reasonable times to the inspection of all timber land owners upon said stream, or persons actually engaged in driving lumber or pulp wood down the same.

Act, forfeited,

SECT. 9. The said incorporators shall organize and make the improvements contemplated under this act within two unless company years from its approval, or the same shall be forfeited. SECT. 10. This act shall take effect when approved.

Approved February 21, 1891.

is organized, etc., within two years.

CHAP. 97

Corporators.

-corporate

name.

-authorized to supply water.

May take water from Kennebec river.

May erect dam.

May lay pipes, etc., along and

across

highways.

May cross any water course or sewer.

Chapter 97.

An Act to incorporate the Madison Water Company.

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

SECT. 1. Benjamin P. J. Weston, Weston Lewis, Josiah S. Maxcy, their associates, successors and assigns, are hereby incorporated by the name of the Madison Water Company, for the purpose of conveying to and supplying the inhabitants of the towns of Madison and Anson, and of such parts of the towns of Starks and Norridgewock as may be within two miles of the Madison and Anson toll bridge, with water for all domestic, sanitary and municipal purposes, including the extinguishment of fires, with all the rights and privileges, and subject to all the liabilities and obligation of similar corporations, under the general laws of this state.

SECT. 2. For the purposes aforesaid, said corporation may flow, detain, collect, take, store, use and distribute water from the Kennebec river, and may locate, construct and maintain cribs, reservoirs, locks, gates, sluices, aqueducts, pipes, hydrants, and all other necessary structures therefor.

SECT. 3. Said company is further authorized to erect and maintain a dam on said river, within said towns, provided, that suitable rollways shall be constructed and maintained in said dam by said company for the passage of logs and lumber.

SECT. 4. Said company is authorized to lay, construct and maintain in, under, through, along and across the highways, ways, streets, railroads and bridges in said towns, and to take up, replace and repair all such pipes, hydrants and structures as may be necessary for the purpose of its corporation; to enter upon and excavate any highway, or other way, in such manner as least to obstruct the same; to enter, pass over and excavate any land; to take and hold, by purchase or otherwise, any real estate, rights of way or of water, and in general to do any acts necessary, convenient or proper for carrying out any of the purposes of this act.

SECT. 5. Said company shall have power to cross any water course, private or public sewer, or to change the direction thereof, when necessary for the purposes of its incorporation, but in such manner as not to obstruct or impair the use thereof.

May lay pipes

SECT. 6. Said company is authorized to lay and maintain CHAP. 97 its pipes under, in and over the Kennebec river, and to build under Kennebec and maintain all necessary structures therefor.

SECT. 7. Said company shall file in the registry of deeds in the county of Somerset, plans of the location of all land and water rights taken under the provisions of this act; and no entry shall be made on any lands, except to make surveys, until the expiration of ten days from said filing; and with such plan the said company may file a statement of the damages it is willing to pay to any person for any property so taken, and if the amount finally awarded does not exceed that sum, the company shall recover costs against such person, otherwise such person shall recover costs against the

company.

river.

Shall file plan of registry of deeds county.

location, etc., in

of Somerset

Liability, for

SECT. 8. Said corporation shall be held liable to pay all damages that shall be sustained by any persons by the takin and damages, of any lands, water, rights of way, or other property, or by excavating through any land, for the purpose of surveying for, locating, laying or building dams, canals, reservoirs, pipes, hydrants, or other structures, by taking and holding any lands necessary for flowage, and for any other injuries resulting from said acts; and if any person sustaining damage as aforesaid, shall not agree with said corporation upon the sum to be paid therefor, either party on petition to the county commissioners of Somerset county, within two years from the time said damages are sustained, may have said damages assessed by them, and subsequent proceedings and right of appeal thereon, shall be had in the same manner and under the same conditions, restrictions and limitations as are by law prescribed in the case of damages by the laying out of highways. Failure to apply for damages within said two years, shall be held to be a waiver of the same.

SECT. 9. Said company shall, in all cases be liable to pay to said towns all sums recovered against said towns for damages by reason of any defect in any highway, way or street therein, occasioned by any fault or neglect of said company, together with reasonable counsel fees and costs incurred in defending such suits, with interest on the same; provided, said company shall have notice of any suit wherein such damages are claimed and shall be allowed to defend the same at its own expense.

Liability, for damage to

highways.

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