STATE OF MAINE. HOUSE OF REPRESENTATIVES, July 20, 1849. ORDERED, That 350 copies of the foregoing Amendment, (proposed by Mr. Appleton of Bangor,) be printed for the use of the Legislature. E. W. FLAGG, Clerk. TWENTY-NINTH LEGISLATURE. No. 28.] STATE OF MAINE. [HOUSE. IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND FORTY-NINE. AN ACT to incorporate the Portland Gas-Light Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECTION 1. Charles Q. Clapp, A. W. H. Clapp, 2 John Neal, Abner Crowell, Francis O. J. Smith, Hor3 ace V. Bartol and Henry B. McCobb, their associates, 4 and successors are hereby constituted a body politic 5 and corporate by the name of the Portland Gas-Light 6 Company, and by that name shall have and enjoy all Wm. T. Johnson, Printer to the State. 7 the necessary powers and privileges to effect the ob8 jects of their association, and shall be subject to such 9 duties, liabilities and exemptions as are or may be 10 provided by the general laws of this state in the case 11 of manufacturing corporations. SEC. 2. The capital stock of said company shall be 2 not less than thirty thousand dollars nor more than 3 one hundred thousand dollars, and shall be divided 4 into shares of one hundred dollars each. The said 5 capital stock shall be applied exclusively to the man6 ufacture and distribution of gas for the purpose of 7 lighting the city of Portland; Provided, that said 8 company shall not have power to erect, establish or 9 continue any works for the manufacture of gas at any 10 place within the limits of the said city of Portland, 11 without the previous assent of the city council, and a 12 specific assignment of the boundaries of such estab13 lishment, and such erection, establishment or contin14 uance without such previous consent, shall be consid15 ered a nuisance, and said company shall be liable to 16 indictment therefor, and to all the provisions of law 17 applicable thereto. And nothing contained in this 18 act shall be construed to affect or diminish the liabilites 19 of said company for any injury to private property, by 20 depreciating the value thereof, or otherwise, but said 21 company shall be liable therefor in an action on the 22 case. SEC. 3. The said company are hereby authorized 2 to lay down in and through the streets of said city, S and to take up, replace and repair all such pipes and 4 fixtures as may be necessary for the objects of their 5 incorporation, first having obtained the consent of the 6 city council therefor, and under such restrictions and 7 regulations as said city council may see fit to pre3 scribe. And any obstruction in any street of said city, 9 or taking up or displacement of any portion of any 10 street, without such consent of the city council, or 11 contrary to the restrictions or regulations that may be 12 prescribed as aforesaid, shall be considered a nuisance. 13 And said company shall be liable to indictment there14 for, and to all the provisions of law applicable thereto. 15 And said company shall in all cases be liable to repay 16 to said city all sums of money that said city may be 17 obliged to pay on any judgment recovered against said 18 city for damages occasioned by any obstructions, or 19 taking up or displacement of any street by said com20 pany, whatever, with or without the consent of the 21 city council, together with counsel fees and other 22 expenses incurred by said city in defending any suit 23 to recover damages as aforesaid, with interest on the 24 same, to be recovered in an action for money paid to 25 the use of said company. SEC. 4. Whenever the company shall lay down any 2 pipes, or erect any fixtures in any street, or make any 3 alteration or repairs upon their works in any street, 4 they shall cause the same to be done with as little ob5 struction to the public travel as may be practicable. 6 And shall, at their own expense, without unnecessary 7 delay cause the earth and pavements removed by 8 them, to be replaced in proper condition. They shall 9 not be allowed in any case to obstruct or impair the 10 use of any public or private drain, or common sewer 11 or reservoir, but said company shall have the right to 12 cross, or where necessary, to change the direction of 13 any private drain, in such a manner as not to obstruct 11 or impair the use thereof, being liable for any injury 15 occasioned by any such crossing or alteration, to the 16 owner thereof, or any other person, in an action upon 17 the case. SEC. 5. The city council of the city of Portland. 2 are hereby authorized to contract with said company 3 for lighting the streets and public buildings of said |