CHAP. 83 system of water works, which may be purchased from the Auburn Aqueduct Company, by building reservoirs and pumping stations, buying necessary machinery and appliances connected therewith, and laying additional pipes and mains, said trustee or trustees are authorized, with the consent of the city, to hire money and to issue therefor interest bearing debentures, in the manner and at a rate not to exceed that which may be specified in the deed of trust from said company to said trustees, which deed of trust shall be made in accordance with the directions of said city. Said debentures redeemable shall be made redeemable by the city or trustees from year to year through a series of years, and said trustees may create or hold security on said property for the payment of said debentures. And when said city shall have paid from its own funds ten per cent of the amount paid to the Auburn Aqueduct Company, said debentures may be purchased and held by savings banks in this state. by the city. SECT. 16. Except as herein otherwise provided, this act when act shall shall take effect when approved. Approved February 19, 1891. take effect. Chapter 83. An Act to incorporate the Seal Harbor and Shore Front Water Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Corporators. name. SECT. 1. James T. Gardiner, D. Everett Kimball, Alanson E. Clement, Edwin H. Abbot and William C. Doane, and such persons as they may associate with themselves in the enterprise, are hereby incorporated into a corporation by the name of the Seal Harbor and Shore Front Water Company -corporate for the purpose of supplying the village of Seal Harbor, the territory lying between said Seal Harbor and North East Harbor in the town of Mount Desert, county of Hancock and state of Maine, with pure water for domestic, sanitary and municipal purposes, the extinguishment of fires, the supply of shipping and the use of manufactories. SECT. 2. Said corporation for said purposes shall have power and is hereby authorized to detain, take, store, use -purposes. Authorized to take water from erect dams, etc. CHAP. 83 and distribute water from Jordan's pond in said town of -may take land. Authorized to erect dam at outlet of Jordan's pond. May cross any water course, public or private sewer. Authorized to lay pipes in Desert. -shall not obstruct public travel. Mount Desert and from all streams flowing therefrom and tributary thereto, and is also authorized to erect and maintain dams and reservoirs, and to lay down and maintain pipes and aqueducts necessary for the proper accumulation, conducting, discharging, distributing and disposing of water and forming proper reservoirs therefor. And said corporation may take and hold by purchase or otherwise, any lands or real estate necessary for the purposes of this corporation. SECT. 3. Said corporation is hereby authorized for the purposes aforesaid, to erect a dam or dams at the outlet of said Jordan's pond or elsewhere, of sufficient height and strength to increase the capacity of said pond for the holding of water, to the extent of four feet higher than its present mean level. SECT. 4. Said corporation shall have power to cross any water course, private or public sewer, or to change the direction thereof when necessary for the purposes of their incorporation, but in such manner as not to obstruct or impair the use thereof, and said company shall be liable for any injury caused thereby. SECT. 5. Said corporation is hereby authorized to lay town of Mount down, in and through the streets and ways in said town of Mount Desert and to take up and replace and repair all such pipes, aqueducts and fixtures as may be necessary for the purpose of their incorporation. Whenever said company shall lay down any fixtures in any highway, way or street, or make any alterations or repairs upon its works in any highway, way or street, it shall cause the same to be done with as little obstruction to public travel as may be practicable, and shall at its own expense, without unnecessary delay, cause the earth and pavements there removed by it to be replaced in proper condition. And said corporation shall be responsible for all damages to persons and property occasioned by the use of such streets and ways, and shall further be liable to pay to said town all such sums recovered against said town, for damages from obstruction or defects of said streets and ways, caused by said corporation, and for all expenses, including reasonable counsel fees incurred in defending such suits, with interest on the same. -liability for damages. May take lands for purposes of flowage. SECT. 6. Said corporation may take and hold any lands. necessary for flowage, and also for its dams, reservoirs, locks, gates, hydrants, and other necessary structures, and may locate, lay and maintain sluices, aqueducts, pipes, hydrants and other necessary structures or fixtures in, over and through any lands for its said purposes, and excavate in and through such lands for such location, construction and maintenance. It may enter upon such lands to make surveys and locations, and shall file in the registry of deeds in said county of Hancock, plans of such locations and lands, showing the property taken, and within thirty days thereafter, publish notice of such filing and of taking in some newspaper in said county, such publication to be continued three weeks successively. Not more than two rods in width of land shall be occupied by any one line of pipes or aqueducts, and not more than five acres by any one reservoir. SECT. 7. Should the said company and the owner of such land be unable to agree upon the damages to be paid for such location, taking, holding and construction, the land owner or the corporation, may, within twelve months after said filing of plans and location, apply to the commissioners of said county of Hancock, and cause such damages to be assessed 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, so far as such law is consistent with the provisions of this act. If said company shall fail to pay such land owner, or deposit for his use with the clerk of the county commissioners aforesaid, such sum finally awarded as damages, with costs, when recovered by him, within ninety days after notice of final judgment shall have been received by the clerk of courts of said county, and said location shall be thereby invalid, and said company shall forfeit all rights under the same, as against such land owner. Said company may make a tender to any land owner damaged under the provisions of this act, and if such land owner recovers more damages than were tendered him by said company, he shall recover costs, otherwise said company shall recover costs. In case said company shall begin to occupy such lands before the rendition of final judgment, the land owner may require said company to file its bonds to him with said county commissioners, in such sum and with such sureties as they may approve, conditioned for said payment or deposit. No action shall be brought against said company for such CHAP. 83 Damages for taking water, and paid. taking, holding and occupation until after such failure to pay or deposit as aforesaid. Damages caused by flowage are to be ascertained and paid in the same manner. SECT. 8. Any person suffering damage by the taking of how ascertained water by said company as provided by this act, may have his damages ascertained in the manner provided in the preceding section, and payment therefor shall be made in the same manner and with the same effect. No action shall be brought for the same until after the expiration of the time of payment. Company authorized to make contracts to supply water with United Maine and town. -town may SECT. 9. Said corporation is hereby authorized to make contracts with the United States, the state of Maine and with States, state of corporations and inhabitants of said town of Mount Desert, for the purpose of supplying water, as comtemplated by this act. And said town of Mount Desert is hereby authorized by its municipal officers to enter into contract with said company, for a supply of vater for any and all purposes mentioned in this act, and for such exemption from public burden as said town and said company may agree, which, when made shall be legal and binding upon all parties thereto. make contracts for water supply. Penalty for corrupting water or injuring works. Authorized to issue bonds. Capital stock. SECT. 10. Whoever shall willfully and maliciously corrupt the water of said pond, or any of the tributaries thereto, whether frozen or not, or in any way render such waters impure, whether frozen or not, or whoever shall willfully or maliciously injure any of the works of said company shall be punished by fine, not exceeding one thousand dollars or by imprisonment not exceeding two years, and shall be liable to said company for three times the actual damage, to be recovered in any proper action. SECT. 11. For the purpose of raising funds to be used in the construction of its works and to carry out the purposes for which it was created as provided by this act, said company is hereby authorized to issue its bonds to an amount not exceeding fifty thousand dollars, of such date and denomination, and payable at such times as the said company may determine and to secure the said bonds, both principal and interest by a mortgage upon all its property, both real and personal, and also upon the franchise of the corporation. SECT. 12. The capital stock of said corporation shall not be less than one thousand dollars, divided into shares of twenty-five dollars each, which may, by vote of said company be increased so as not to exceed fifty thousand dollars. CHAP. 84 how called. SECT. 13. The first meeting of said corporation may be First meeting, called by any three of the within named corporators, by publishing notice of the time and place and object thereof, in any newspaper published in the county of Hancock, at least seven days before the time of holding said meeting; and at said meeting the officers of said corporation may be chosen and such other corporation business done as may be deemed requisite and proper. SECT. 14. This act shall take effect when approved. Approved February 19, 1891. Chapter 84. An Act to incorporate the Webb's River Improvement Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. George B. Bearce, Charles C. Wilson, E. I. Corporators. Brown, F. G. Arey, S. R. B. Pingree, E. S. Coe, their associates and successors are hereby incorporated into a company under the name of the Webb's River Improvement Company, -corporate with all the rights, powers and privileges, and subject to the liabilities of similar corporations. name. may take stock SECT. 2. Each owner of lands upon Webb's pond in the Owners of land town of Weld and its tributaries and upon Webb's river and of company. its tributaries, may take an amount of stock in said company in proportion to the number of acres of land owned by him. there, and thereby become a member of this corporation, it being hereby intended that the benefits of this charter shall apply equally and fairly to all said land owners upon said waters. SECT. 3. Said corporation is hereby authorized to con- Powers. struct and maintain dams and side dams, piers, abutments, booms, side booms and sluices at the outlet of said pond and in said river, and to blast, excavate and deepen said outlet and the channel of said river, remove any obstructions therein and make any and all other improvements thereon which will facilitate the transportation of logs, wood and other lumber down said stream into the Androscoggin river; to hold and |