7 maintain reservoirs within or without said city; may 8 make and establish such hydrants in such places as 9 may from time to time be deemed proper, and pre10 scribe the purposes for which they may be used, and 11 may change or discontinue the same; may distribute 12 said water throughout said city and its vicinity, and 13 for this purpose, may lay down pipes to any house 14 or building in said city or vicinity, the owner or own15 ers thereof having notice and not objecting thereto; 16 may regulate the use of said water within or without 17 the city, and may establish the prices or rents to be 18 paid therefor; may carry or conduct any aqueducts, 19 or other works, by them to be made and constructed, 20 over or under any water course or street, rail road, 21 turnpike, highway or other way, in such manner as 22 not to obstruct or impede the travel thereon, and may 23 enter upon and dig up any such road, street or way, 24 for the purpose of laying down pipes beneath the 25 surface thereof, and for maintaining and repairing the 26 same, and generally may do all other acts and things 27 necessary or convenient and proper for the purposes 28 of this act.

SEC. 2. The said corporation shall be liable to

2 pay all damages that shall be sustained by any persons 3 in their property by the taking of any land, water or 4 water rights, or by the constructing of any aqueducts, 5 reservoirs, or other works, for the purposes of this 6 act. And if the owner of any land, water or water 7 right which shall be taken as aforesaid, or other per8 son who shall sustain damage as aforesaid, shall not 9 agree upon the damages to be paid therefor, he may 10 apply, by petition, for the assessment of his damages, 11 at any time within three years from the taking of said 12 land, water or water rights, as aforesaid, and not 13 afterwards, to the district court in the county of Cum14 berland: such petition may be filed in the clerk's 15 office of said court in vacation, or in term time, and 16 the clerk shall thereupon issue a summons to the said 17 corporation, returnable, if issued in vacation, to the 18 then next term of said court, and if in term time, 19 returnable on such day as the said court shall order, to 20 appear and answer to the said petition; the summons 21 shall be served fourteen days at least, before the return 22 day thereof, by leaving a copy thereof, and of the said 23 petition, certified by the officer who shall serve the 24 same, with the treasurer of said corporation; and the

25 said court may, upon default or hearing of said cor26 poration, appoint three judicious and disinterested 27 persons, residents of said county of Cumberland, who 28 shall, after reasonable notice to the parties, appraise 29 the damages, if any, which such petitioners may have 30 sustained as aforesaid; and the award of the said 31 appraisers, or a major part of them, being returned 32 into and accepted by the said court, shall be final, 33 and judgment shall be rendered and execution issued 34 thereon for the prevailing party with costs, unless one 35 of the said parties shall claim a trial by jury as here36 inafter provided.

SEC. 4. If either of the parties mentioned in the 2 preceding section, shall be dissatisfied with the amount 3 of damages awarded as therein expressed, such party 4 may, at the term at which such award is accepted, or 5 at the next term thereafter, claim in writing a trial by 6 said court, and have a jury to hear and determine, at 7 the bar of said court, all questions of fact relating to 8 such damages, and to assess the amount thereon; 9 and the verdict of such jury being accepted and re10 corded by the said court, shall be final and conclusive, 11 and judgment shall be rendered and execution issued

12 thereon, and costs shall be recovered by the said par 13 ties respectively, in the same manner as is provided 14 by law in regard to proceedings relating to the laying 15 out of highways.

SEC. 5. No application shall be made to the court, 2 for the assessment of damages for the taking of any 3 water rights until the water shall be actually with4 drawn or diverted by said corporation under the au5 thority of this act; and any person or corporation, 6 whose water rights may be thus taken and affected, 7 may make his application aforesaid at any time within 8 three years from the time when the waters shall be 9 first actually withdrawn or diverted as aforesaid.

SEC. 6. The occupant of any building, or tenement 2 or premises to which the same is attached, shall be 3 liable for the payment of the price or rent for the use 4 of the water in such building or tenement; and the 5 owner thereof shall also be liable, if, on being notified 6 of such use, he does not object thereto; and if any 7 person or persons shall use any of the said water. 8 either within or without said city, after the same has 9 been taken and confined by said corporation within 10 any of their said dams, aqueducts or pipes, without

11 the consent of said corporation, an action of trespass 12 on the case may be maintained against him or them 13 by said corporation for the recovery of damages 14 therefor.

SEC. 7. If any person or persons shall wantonly 2 or maliciously divert the water or any part thereof, 3 which shall be taken by said corporation pursuant to 4 the provisions of this act, or shall corrupt the same or 5 render it impure, or destroy or injure any dam, aque6 duct, pipe, conduit, hydrant, machinery or other 7 property, held, owned or used by the said corporation, 8 or any person or persons under them, by the author9 ity and for the purposes of this act, every such person 10 or persons shall forfeit and pay, to the said corpora11 tion, three times the amount of the damages that shall 12 be assessed therefor, to be recovered in any proper 13 action, in any court proper to try the same. And 14 any such person or persons may, moreover, on in15 dictment and conviction of either of the wanton and 16 malicious acts aforesaid, be punished by fine, not 17 exceeding one thousand dollars, and imprisonment 18 not exceeding one year.

SEC. 8. To the extent that the water so taken by