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bell, and for constructing and maintaining public sewers with- CHAP. 140 in said corporation limits.'

Approved March 4, 1891.

Chapter 140.

An Act to incorporate the South Gouldsboro Water Company.

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

name.

SECT. 1. H. W. Jordan, Luther M. Merrill, Horace A. Corporators. Jordan, James C. Hammond, their associates, successors and assigns are hereby made a corporation under the name of the corporate South Gouldsboro Water Company, for the purpose of supplying the village of South Gouldsboro, 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.

May take and

SECT. 2. Said corporation may take and hold by purchase or otherwise, real or personal estate necessary and convenient hold real estate. for the purposes aforesaid.

May take water

from Lilly

pond.

SECT. 3. Said corporation is hereby authorized for the purposes aforesaid, to take, collect, store, flow, use, detain, distribute and convey to the village of South Gouldsboro, in said town of Gouldsboro, the waters of Lilly pond, so called, in said town of Gouldsboro, and the waters flowing into said pond and the effluence from the same and all water rights connected therewith, and any springs or streams, or other water sources in the vicinity of said pond; and it is also authorized to locate, construct and maintain dams, reservoirs, -construct locks, gates, sluices, aqueducts, pipes, conduits, stand pipes, hydrants and all other necessary structures therefor.

dams, etc.

May lay pipes

along highways,

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SECT. 4. Said corporation is hereby authorized to lay, construct and maintain in, under, through, along and across the highways, ways, streets, bridges and railroads 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 shall be responsible for all legal damages to corporations, all damages.

responsible for

CHAP. 140

May cross any private or public

sewer.

-shall not

obstruct travel.

May take lands for flowage.

-shall file plans of location in registry of deeds in Hancock

county.

Liability,
for damages.

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 arising from obstructions 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.

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 its 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 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, it shall 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 and surveys on any lands prior to such filing.

SECT. 7. Said corporation shall be held liable to pay all legal damages that may be sustained by any person, or other corporation, by the taking of any lands, water or other property, as aforesaid, or by flowage, or by excavating through any lands for the purposes of its incorporation, and also damages for any other injuries resulting from said acts. And if any per

son, 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 and under the same conditions, restrictions and limitations as are by law prescribed in the case of damages by the laying out of railways.

SECT. 8. Said corporation is hereby authorized to make contracts with the United States, with other corporations, and with the inhabitants of the town of Gouldsboro, or any part thereof, and with any other persons for the purpose of supplying water as contemplated by this act, and may supply water to steam and sailing vessels resorting to said South Gouldsboro, and fix and collect rates for the use of water so supplied. And said town of Gouldsboro is hereby authorized, by its selectmen, to enter into contracts with said corporation for a supply of water for any purposes mentioned in this act, and for such exemption from public burden as said town and said corporation may agree, which shall be legal and binding upon all parties thereto when made.

SECT. 9. Whoever shall willfully or maliciously corrupt the waters of said pond or any tributaries thereto, or any water used by said corporation whether frozen or not, or in any way render such waters impure, or whoever shall willfully or maliciously injure any of the works of said corporation, shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding two years, and shall be liable to said corporation for three times the actual damages to be recovered in any proper action.

CHAP. 140

damages, how

May make

contracts to

supply water.

Town, may exempt from

make contracts for water, and

taxation.

Penalty, for juring works.

corrupting

water or

SECT. 10. The capital stock of said corporation shall be capital stock. fifteen thousand dollars, which may be increased to one hundred thousand dollars, by a vote of said corporation at any meeting of the stockholders, and said stock shall be divided. into shares of twenty-five dollars each.

SECT. 11. Said corporation may issue its bonds for the operation or operation of its works, of any and all kinds, upon such rates and time as it may deem expedient, not exceeding, however, the sum of which capital stock at the time of such issue, and secure the same by a mortgage of the property and franchise of the corporation.

May issue

bonds, and

mortgage

property.

SECT. 12. The first meeting of said corporation may be First meeting, called by a written notice thereof, signed by any one incor- how called. porator herein named, served upon each corporator by giving

CHAP. 141

him the same in hand, or by leaving the same at his last and usual place of abode, seven days before the time of meeting. SECT. 13. This act shall take effect when approved.

Approved March 4, 1891.

Town,

authorized to erect bridge across Spruce creek.

Chapter 141.

An Act authorizing the town of Kittery to erect a free bridge across Spruce Creek, or to purchase any existing bridge across said creek in said town of Kittery.

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

SECT. 1. The town of Kittery, in the county of York, is hereby authorized to erect a free bridge across Spruce Creek, or to purchase any existing bridge across said creek, in said town of Kittery.

SECT. 2. This act shall take effect when approved.

Approved March 4, 1891.

Company, authorized to extend its railroad.

-route.

-assent of municipal officers, required.

Chapter 142.

An Act additional to and amendatory of chapter forty-seven of the Private and Special Law, of eighteen hundred and eighty-seven, to amend the charter of the Waterville and Fairfield Railroad Company.

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

SECT. 1. The Waterville and Fairfield Railroad Company, a corporation established by law, is hereby authorized to construct, maintain and operate a railroad from some convenient point in its present railroad in the city of Waterville, through the towns of Winslow and Vassalboro, to the village of North Vassalboro, in the town of Vassalboro; and for this purpose it may lay its tracks acoss Ticonic and Winslow bridges over the Kennebec and Sebasticook rivers, and upon and over such streets, town and county roads in said towns of Winslow and Vassalboro, as from time to time may be fixed upon and determined by the municipal officers of said towns of Winslow and Vassalboro, and assented to in writing by said corporation; and to operate such extended railroad by animal or electric power; with all the rights, powers, privileges and

immunities in respect thereto as are granted to said railroad CHAP. 142 corporation by chapter forty-seven of the private and special laws of the state of Maine, approved February four, in the year of our Lord eighteen hundred and eighty-seven, and subject to like liabilities and duties.

SECT. 2. Said corporation is authorized to increase its Capital stock. capital stock by a sum not exceeding twenty-five thousand dollars, over and above the amount of its capital stock heretofore authorized; and to divide the same into shares and issue its stock for such amount thereof as shall have been found necessary to construct and equip said extended road. SECT. 3. Said corporation shall also have authority to construct, maintain and use said railroad over and upon any lands where the land damages have been mutually settled by said corporation and the owners thereof.

Authorized to over lands damages have

construct road

where

been settled.

May issue bends property.

and mortgage

SECT. 4. Said corporation is hereby authorized to issue bonds for the purpose of constructing said extended railroad, or for money which it may borrow for any purpose sanctioned by law; but the bonds so issued shall not exceed the sum of thirty thousand dollars in said extended road. Said bonds may be issued in sums not less than one hundred dollars each, payable not more than thirty years from their date, with interest, at the rate of six per cent per annum, payable semi-annually. All bonds which shall be issued by said corporation 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. Such bonds shall be secured by a conveyance of said extended line of railroad and franchise, to three trustees, by a suitable instrument of mortgage, to secure the payment of such bonds. SECT. 5. No other corporation or person shall be per- Exclusive rights mitted to construct or maintain any railroad for similar purposes over the same streets, city, town and county ways, as may be lawfully occupied by this corporation; but any person or corporation lawfully operating any street railroad with other lines. 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, or, if they shall not agree, to be determined by the railroad commissioners of the state of Maine.

granted.

-may connect

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