-liability, for damages cansed by neglect, etc.

CHAP. 116 road. And if not repaired upon reasonable notice such repairs may be made by said towns within their respective limits at the expense of said corporation. Said corporation shall be liable for any loss or damage which any person may sustain by reason of any carelessness, neglect or misconduct of its agents or servants, or by reason of any defect in so much of said streets or roads as is occupied by said railroad, if such defect arises from neglect or misconduct of the corporation, its servants or agents; and in actions brought against the company to recover damages by reason of such defects, the plaintiff shall have the rights and be subject to the burdens of proof and limitations and conditions provided by the general statutes applicable to suits for such causes against towns as now existing, the directors of said company standing in this respect in place of town officers.

Penalty, for willfully obstructing corporation.

Capital stock.

May hold real estate.

Municipal officers, shall

prescribe grade.

Manner of crossing other railroads, shall be determined by R. R.

Commissioners.

SECT. 4. If any person shall willfully and maliciously obstruct such corporation in the use of its roads, tracks or property, or the passing of cars or carriages of said corporation thereon, such persons and all who aid and abet therein shall be punished by a fine not exceeding two hundred dollars, or may be imprisoned in the county jail for a period not exceeding sixty days.

SECT. 5. The capital stock of said corporation shall not exceed five hundred thousand dollars, to be divided into shares of one hundred dollars each.

'SECT. 6. Said corporation may lease, purchase, receive, let, dispose of, or hold such real or personal estate and motive power as may be necessary or convenient for the purposes and management of said railroad.

SECT. 7. Said railroad shall be constructed and maintained in such form and manner and with such rails and other appliances as may be deemed necessary by the corporation, and upon such grades as the municipal officers of said towns may direct; and whenever in the judgment of said corporation it shall be necessary to alter the grade of any street, city or county road, said alterations may be made at the sole expense of said corporation, provided, the same shall be assented to by the municipal officers of said towns and city respectively. But said corporation shall not be liable to any abutting land owners for any such alteration of the grade. If the tracks of said corporation's railroad cross any other railroad of any

kind in said towns and a dispute arises in any way in regard CHAP. 116 to the manner of crossing, the board of railroad commissioners of the state shall upon hearing, decide and determine in writing in what manner the crossing shall be made, and it shall be constructed accordingly.

Location, may

be changed by

consent of

municipal

SECT. 8. Said corporation may change the location of said railroad by first obtaining the written consent of the municipal officers of said towns, and make additional locations officers. subject to the foregoing provisions and conditions.

Towns, shall

retain full

power over

streets.

to maintain railroad, granted.

SECT. 9. Nothing in this act shall be construed to prevent the proper authorities of said towns from entering upon and temporarily taking up the soil in any street, town or county road occupied by said railroad, for any purposes for which they may now lawfully take up the same. SECT. 10. No other corporation or persons shall be per- Exclusive right mitted to construct or maintain any railroad for similar purposes over the same streets, roads or ways, that may be lawfully occupied by this corporation, but any person or corporation lawfully operating any street railroad to any point to which this corporation's tracks extend, may enter upon, connect with and use the same on such terms and in such manner as may be agreed upon between the parties.

SECT. 11.

deemed a railroad.

Said railroad shall not be deemed to be a rail- Shall not be road within the meaning of that term as used in the revised statutes and public laws of this state, but shall have all the rights and be subject to all the liabilities of street railroads within this state.

May issue

bonds and

mortgage

property.

SECT. 12. Said corporation is hereby authorized to issue bonds in such amounts and on such times and terms as it may from time to time determine, for any money which it may borrow for any purpose sanctioned by law in aid of the purposes specified in this act, and secure the same by a mortgage of its franchises and property. All bonds which shall be how collected issued by said company, shall be binding and collectible in law, notwithstanding such bonds may be negotiated and sold by said corporation or its agents, at less than their par value. SECT. 13. Said corporation is hereby authorized to lease May lease all of its property and franchises on such terms as it may determine. Also to consolidate with or to acquire by lease, with other lines. purchase or otherwise the lines, property and franchises of any other street railroad whose lines as constructed or chartered would form connecting or continuing lines with the lines

property.

-consolidate

CHAP. 116 of this company, and in such case this corporation shall be entitled to all the privileges and be subject to all appropriate conditions and limitations contained in the charters thus united with or acquired. Wherever any person or corporation shall be lawfully operating any street railway to any point to which this corporation's tracks extend, this corporation may enter upon, connect with, and use the same on such terms and in such manner as may be agreed upon between the parties.

When and how road may be operated.

Authorized to use the poles of other corporations, if owners consent.

SECT. 14. Said corporation shall not be required to run cars upon their road during the winter season nor when the convenience or wants of the public do not require it. And said corporation is permitted to run at its pleasure, omnibuses instead of rail cars.

SECT. 15. Whenever it is practicable to use the existing poles of any electric light, telephone or telegraph company, or any tree or structure of any kind, for any of the wires of said corporation, and the owners thereof, consents to the free use of the same, or at a price satisfactory to said corporation, the said corporation shall make use of the same; and the decision as to the practicability of such use shall be left to three persons skilled in the science of electricity, one to chosen by said corporation, one by the municipal officers, and the third by the two so chosen; the decision of the majority of said board shall be final and the expense of said tribunal shall be borne by said corporation. In the erection and maintenance of its poles, posts and wires, the said corporation shall be subject to the general laws of the state, regulating the erection of posts and lines for the purposes of electricity. SECT. 16. If the Bangor Street Railway shall fail to construct its line of railway from Bangor to the junction of Main fails to construct and Olive streets in the town of Veazie, within two years from the approval of this act, then said Old Town, Orono and Veazie Railway is authorized to extend its railway, with all the privileges granted by this act, to that point on the line of the Bangor Street Railway which is the nearest practicable point to said junction of Main and Olive streets in said town of Veazie.

Company, authorized to extend its line, if B. S. Railway

road to Veazie within two

years.

First meeting, how called.

SECT. 17. The first meeting of said corporation shall be called in the manner provided in the revised statutes, chapter forty-six, section three.

SECT. 18. This act shall take effect when approved.

Approved February 26, 1891.

CHAP. 117

Chapter 117.

An Act to incorporate the Grindstone Neck Water Company.

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

name.

SECT. 1. Charles C. Hutchings, C. Berkeley Taylor, John Corporators. B. Lenning, their associates, successors and assigns, are hereby made a corporation under the name of the Grindstone -corporate Neck Water Company, for the purpose of supplying Grindstone Neck, the village of Winter Harbor, and the Schoodic Peninsula, all in the town of Gouldsboro, county of Hancock, and state of Maine, with pure water for domestic, sanitary, private and public uses, including the extinguishment of fires.

estate.

SECT. 2. Said corporation may take and hold by pur- May hold real chase or otherwise, real or personal estate necessary and convenient for the purposes aforesaid, not exceeding one hundred thousand dollars.

SECT. 3. Said company is hereby authorized for the pur- May take water. poses aforesaid, to take, collect, store, flow, use, detain, distribute and convey to Grindstone Neck, the village of Winter Harbor and the Schoodic Peninsula, in said town of Gouldsboro, the waters of Birch Harbor pond in said Gouldsboro, or the waters of any other pond or lake in said town of Gouldsboro; and it is also authorized to locate, construct, and maintain dams, reservoirs, locks, gates, sluices, aqueducts, pipes, conduits, stand pipes, hydrants, and all other necessary structures therefor.

SECT. 4. Said corporation is hereby authorized to lay, construct and maintain in, under, through, along and across the highways, ways, streets, railroads and bridges in said town of Gouldsboro, all such sluices, aqueducts, pipes, hydrants and structures as may be necessary for the purposes of the corporation, and to take up, replace and repair the same, under such reasonable restrictions as the selectmen of said town of Gouldsboro may impose. Said corporation shall be responsible for all legal damages to corporations, persons and property occasioned by the use of such highways, ways and streets, and shall further be liable to pay to said town of Gouldsboro'all 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

Authorized to

lay pipes, etc.,

in the streets of

Gouldsboro.

Responsible for all damages.

CHAP. 117 counsel fees incurred in defending such suits, with interest

May cross private or public sewer.

-shall not obstruct public travel unnecessarily.

May take lands.

-shall file plans of focation in Hancock registry of deeds.

Liability for all damages.

-damages, how ascertained.

on the same.

SECT. 5. Said corporation shall have power to cross any water course, private or public sewer, or to change the direction thereof where necessary for the purposes of their incorporation, but in such manner as not to obstruct or impair the use thereof; and said corporation shall be liable for any injury caused thereby. Whenever said corporation shall lay down any of its works 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 removed by it to be replaced in proper condition.

SECT. 6. Said corporation may take and hold any lands necessary for flowage, dams, reservoirs, locks, gates, hydrants and other necessary structures, and may locate, lay and maintain its sluices, aqueducts, pipes, hydrants and other necessary structures in, over and through any lands, and may excavate in and through such lands for such location, construction and maintenance. It may enter upon such lands to make its 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 in some newspaper published in said county, such publication to be continued three weeks successively. Such land or other property shall be deemed to have been taken at the date of such filing. Said corporation however may make all needful explorations, surveys and levels on any lands prior to such filing.

SECT. 7. Said corporation shall be held liable to pay all legal damages that shall be sustained by any person, or other corporation, by the taking of any land, water or other property, or by flowage, or by excavating through any land for the purpose of laying down pipes and aqueducts, building dams, reservoirs and other structures, and also damages for any other injuries resulting from said acts. And if any person or other corporation, sustaining damage as aforesaid, and said corporation cannot mutually agree upon the sum to be paid therefor, then such damage may be ascertained in the same manner