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CHAP. 80

holders at the first meeting held by the incorporators and at each annual meeting thereafter. The affairs and powers of the corporation may, at the option of the shareholders, be entrusted to an executive board of five members, to be, by vote, of the shareholders, elected from the full board of trustees. A majority of said board shall reside in this state. SECT. 12. Any two of the corporators named in this act First meeting, may call the first meeting of this corporation by mailing a written notice signed by both, postage paid, to each of the other corporators, seven days at least before the day of the meeting, naming the time, place and purposes of such meeting, and at such meeting a president, secretary, treasurer and trustees may be chosen, by-laws adopted, and any corporate business transacted.

SECT. 13. This act shall take effect when approved.

Approved February 18, 1891.

how called.

Chapter 80.

An Act to cede to the United States of America, jurisdiction over certain land in Lewiston,

Maine.

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

over certain

land, ceded to

the United

States.

proviso.

SECT. 1. That there be, and hereby is, ceded to the United Jurisdiction States of America, the jurisdiction of such lot or parcel of land as may be selected in the city of Lewiston, as a site for a public building in said place. Provided, always, that this cession of jurisdiction is granted and made upon the express condition that the state of Maine shall retain a concurrent jurisdiction with the United States, in and over the said tract of land, and every portion thereof, so far, that all process, civil or criminal, issuing under the authority of said state, or any officers thereof, may be executed by the proper officers thereof, upon any persons amenable to the same within the limits and extent of said tract of land, in like manner and to like effect as if said jurisdiction had not been ceded, saving, however, to the United States, security to their property within the limits and extent of such lot as may be selected, and exemption of the same and said tract of land from taxation under the authority of said state or city while the same.

CHAP. 81

Compensation, how determined in case of disagreement.

shall continue to be owned, held, used and occupied by the United States as a site for a public building and not otherwise.

SECT. 2. If compensation for such land is not agreed upon, the estate may be taken for the intended purpose by payment of fair compensation, to be ascertained and determined in the same manner as, and by proceedings similar to those provided for ascertaining damages in locating highways, in chapter eighteen of the revised statutes of Maine.

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

Approved February 18, 1891.

Corporators.

-corporate

name.

Authorized to build dame, etc.

-may take land.

-damages for land, how ascertained, in case of disagreement.

-remedy, for damages for flowage.

Chapter 81.

An Act to incorporate the Salmon Brook Dam Company.

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

SECT. 1. C. A. Gibson, C. C. Prescott, F. M. Sampson, their associates and assigns, are hereby incorporated under the name of the Salmon Brook Dam Company, with all the powers and privileges of similar corporations.

SECT. 2. Said corporation is authorized to build dams, side dams, remove rocks and make all other necessary improvements in Salmon stream and its branches situated in the towns of Sebec, Williamsburg and Township number six, range eight, Barnard plantation, in the county of Piscataquis, to facilitate the driving of logs and lumber down the same, and for this purpose the said corporation may take land and materials necessary to build such dams, and make such improvements; and may flow contiguous lands so far as necessary to raise suitable heads of water. And if the parties cannot agree upon the damages, the corporation shall pay the proprietors of the land and materials, so taken, such damages as shall be ascertained and determined by the county commissioners for the county of Piscataquis, in the same manner, and under the same conditions and limitations as are by law provided in the case of damage by laying out public highways. And for the damage occasioned by flowing land, the said corporation shall not be liable to an action at common law, but persons injured may have a remedy by a complaint for flowing, in which the same proceedings shall be had as when a com

plaint is made under a statute of this state for flowing lands, occasioned by raising a head of water for the working of mills.

CHAP. 82

SECT. 3. The said corporation may demand and receive a Tolls. toll for the passage of logs over or through their said dams and improvements, of fifty cents per thousand feet, board measure, woods scale. And said corporation shall have a lien upon all logs and lumber which may pass over any of its dams and improvements, for the payment of said tolls; but the logs of each particular mark shall be holden only for the tolls of such mark; and unless such toll is paid within twenty days after such logs or lumber or a major part of the same, shall arrive at the Penobscot boom, or place of manufacture or destination, said corporation may seize said logs and lumber and sell at public auction so many and so much thereof as shall be necessary to pay such tolls, costs and charges. Notice of the time and place of such sale shall be given ten days before such sale, in some newspaper printed in Bangor. SECT. 4. When said corporation shall have received from When tolls shall tolls its outlay on dams and improvements, and the repairs made up to that time, and eight per cent interest, then the tolls shall be reduced, pro rata, to a sum sufficient to keep the works in repair.

SECT. 5. This act shall take effect when approved.

Approved February 18, 1891.

be reduced.

Chapter 82.

An Act to supply the City of Auburn with pure water.

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

SECT. 1. The city of Auburn, or the trustee hereinafter provided for, or any corporation of which either may obtain control, as provided in section two, either directly or through. ownership of stock, are authorized and empowered to take water from the Androscoggin river, Wilson pond, Taylor pond, and any other pond or spring in the city of Auburn, sufficient for domestic purposes in said city, including a sufficient quantity for extinguishing fires and the supply of hotels, livery stables and laundries, and for sprinkling streets within

City of Auburn,

authorized to

take water.

CHAP. 82

May make

contract for system of

water works.

May take and hold land.

-shall file in
registry of deeds
plans of
location.

Damages, how assessed, in case of

disagreement.

said city; and for the purposes aforesaid, to take and convey through the city of Auburn, and to all parts thereof, any of the waters aforesaid, by aqueduct or pipe sunk to any depth desirable for said purposes.

SECT. 2. The city of Auburn, or said trustee, may make any necessary contract with any person or corporation for acquiring the ownership of a system of water works within said city, or the ownership of the whole or any part of the stock of any aqueduct corporation owning a system of water works in said city, whereby the city, or said trustee, may be entitled to purchase the whole at one time, or to purchase the same in installments through a period of years.

SECT. 3. For the purpose of carrying out the provisions of this act, said city, or said trustee, or any corporation of which either may obtain control as provided in section two, either directly or through ownership of stock, shall have power, and are hereby authorized to take and hold, by purchase or otherwise, any lands or real estate necessary for laying and maintaining pipes, aqueducts, locks, gates, dams, hydrants and reservoirs, for taking, conducting, holding, discharging, and distributing water, and for roadways to be used as approaches thereto, doing no unnecessary damage. They may enter upon said lands to make surveys and locations, and shall file in the registry of deeds, in the county of Androscoggin, plans of such locations and land, showing the property taken, and within thirty days thereafter, publish such notice of such taking and filing in some newspaper in said county, such publication to be continued three weeks successively; and such filing in the registry of deeds shall be in lieu of any other filing now required by law. Said city, or said trustee, may permit the use, for said purposes, of any lands so taken by it, by any person or corporation, with which it has made such a contract as is described in section two, whereby the city may be entitled to acquire the ownership of any aqueduct in said city.

SECT. 4. Should the city, or said trustee, or such corporation, and the owner of such land be unable to agree upon the damages to be paid for such location, taking and holding, the land owner, or the city, or trustee, or such corporation, may within twelve months after the filing of said plans and location, apply to the commissioners of the county of Androscoggin, who shall cause such damages to be assessed in the

same manner and under the same conditions, restrictions, limitations and rights of appeal, as are by law prescribed in the case of damages for the laying out of highways, so far as such law is consistent with the provisions of this act.

SECT. 5. The city of Auburn, or said trustee, may purchase and own stock in any aqueduct company organized, or to be organized, to supply the inhabitants of said city of Auburn with pure water.

SECT. 6. The city of Auburn, or said trustee, or any corporation of which either may obtain control, as provided in section two, either directly or through ownership of stock, are authorized and empowered to contract with any person or corporation to construct aqueducts, pipes, dams, reservoirs, locks, gates, hydrants, and other necessary structures upon lands so taken, as hereinbefore prescribed. Any such corporation organized to construct any such aqueduct, is empowered to place all or any part of its capital stock in the name of a trustee, or trustees, and to contract that said trustee, or trustees, shall sell and deliver the same to the city in installments from year to year, as may be agreed upon.

[blocks in formation]

Election, duties

and tenure of

water

commissioners.

SECT. 7. For the purpose of carrying into effect the provisions of this act, the city council of Auburn, at a meeting duly called therefor, may, as soon as this act takes effect, and shall, as soon as the city comes into ownership, control or management of a system of water works, by building, purchase, or otherwise, elect by ballot six water commissioners, whose duty it shall be to perform all such acts for the city, necessary and convenient for the full operation of this act, as may be prescribed by ordinance, or as directed by said city council from time to time. The six persons first chosen as aforesaid, shall serve, one for one year, one for two years, one for three years, one for four years, one for five years, one for six years, from the third Monday of March then following, as may be designated by the city council when elected; and thereafterwards one commissioner shall be elected by ballot annually in the month of March, to serve for the term of six years. The city council may fill any vacancy occurring in -vacancies, said board by death, resignation or otherwise. The mayor of the city for the time being shall be, ex-officio, a member of mayor, the board of water commissioners. Until such water com

how filled.

ex-officio, & member.

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