CHAP. 170 Damages, how case of SECT. 6. Should the said corporation and the owner of any land required for the said purposes of incorporation, be unable ascertained in to agree upon the damages to be paid for such location, taking, disagreement. holding and construction, the land owner may, within twelve months after the said filing of plans of location, apply to the commissioners of said county of Franklin, and cause such damages to be assessed in the same manner and under the same conditions, as are prescribed by law in the case of damages by the laying out of railroads. If the said corpora tion shall fail to pay such land owner, or deposit for his use with the clerk of the county commissioners aforesaid, such sums as may be finally awarded as damages, with cost when recovered by him, within ninety days after notice of final judgment shall have been received by the clerk of courts of the said county, the said location shall be thereby invalid and the said corporation shall forfeit all rights under the same, as against the owner of the land. The said corporation may make a tender to any land owner damaged under the provisions of this act, and if such land owner recovers more damages than was tendered him by the said corporation, he shall recover cost, otherwise the said corporation shall recover cost. In case the said corporation shall begin to occupy such land before the rendition of final judgment, the land owner may require the said corporation to file its bond to him with the said county commissioners, in such sum and with such sureties as they may approve, conditioned for the payment of the damages that may be awarded. No action shall be brought against the said corporation for such taking, holding and occupation, until after such failure to pay or deposit as aforesaid. Failure to apply for damages within the said twelve months, shall be held to be a waiver of the same. SECT. 7. The said corporation is hereby authorized to make contracts with the United States, the state of Maine, the county of Franklin, the towns of Phillips and Avon, and Phillips Village Corporation in the said town of Phillips, and with the inhabitants thereof or any corporations doing business therein, for the supply of water and power for the purposes contemplated in this act; and the said towns and corporation by their proper officers, are hereby authorized to enter into contract with the said corporation for a supply of water for any and all purposes mentioned in this act, and for such proceedings, if to pay damages. corporation fails May make supply water. contracts to Towns and corporations, may contract for supply of, water, and taxation. exempt from] CHAP. 170 Penalty, for corrupting water, or injuring works. Capital stock. May hold real May issue bonds and mortgage property. First meeting, how called. exemption from public burdens as the said towns or village corporation and the said corporation may agree upon, which when made, shall be legal and binding upon all parties thereto. SECT. 8. Whoever shall knowingly or maliciously corrupt the water supply of the said corporation, whether frozen or not, or in any way render such water impure, or whoever shall willfully or maliciously injure any of the works of the 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 the said corporation for three times the actual damage, to be recovered in any proper action. SECT. 9. The capital stock of the said corporation shall be fifteen thousand dollars, which may be increased to any sum not exceeding fifty thousand dollars by a majority vote of the stockholders of the said corporation; and the stock shall be divided into shares of fifty dollars each. SECT. 10. The said corporation for all its said purposes, may hold real and personal estate necessary and convenient therefor, to the amount of fifty thousand dollars. SECT. 11. The said corporation may issue its bonds for the construction of its works, of any and all kinds, upon such rates and time as it may deem expedient not to exceed the amount of its capital stock, and secure the same by mortgage of its franchise and property. SECT. 12. The first meeting of said corporation shall be called by a written notice thereof, signed by any two of the named incorporators, served upon each named incorporator by giving him the same in hand, or by leaving the same at his last and usual place of abode, at least seven days before the time of meeting, or by publishing said notice in some newspaper published in said Phillips. SECT. 13. This act shall take effect when approved. Approved March 10, 1891. CHAP. 171 Chapter 171. An Act relating to the Sebasticook and Moosehead Railroad Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Company, construct a authorized to railroad. SECT. 1. The Sebasticook and Moosehead Railroad Company, a corporation organized under the laws of this state, having already located, constructed and now operating its railroad from Pittsfield, Maine, to Hartland, Maine, is authorized to make surveys, to locate, construct, equip, maintain, and operate a railroad of the standard gauge with one or more tracks, or sets of rails, with all suitable bridges, viaducts, culverts, drains, turnouts, and all other necessary apendages, from the present terminus of its present road at Hartland, -route. Maine, by a feasible route to some point or place at or near Athens village in Athens, Maine, and not north or west of said village, passing through the towns of Hartland, Athens, Harmony, or any, either or all of said towns, in the county of Somerset, Maine. materials. SECT. 2. Said corporation is hereby invested with all the May take land. powers, privileges and immunities, which may be necessary to carry into effect the object and purposes of this act, and to this end it shall have the right to take or to purchase and hold or assign and convey the same, so much of the land and other real estate of private persons or corporations as may be found necessary or convenient for the location, construction and convenient operation of said railway; and also have the right may take to take, remove and use, for the construction and also for the repair of said railway and its appurtenances, any earth, gravel, stone, timber or other materials on or from the land so taken; provided, however, the land so taken shall not exceed six rods in width, except where greater width is necessary for the purpose of excavation or embankment; and provided, also, in all cases said corporation shall pay for such lands, estate or materials such price as it and the owner or owners thereof may mutually agree upon; and in case said parties shall not agree as to the price to be paid, then said corporation shall pay, in any given case, such damages as shall be ascertained and determined in accordance with the provisions of so much of chapter fifty-one of the revised statutes of the state, as relate to the estimation and payment of damages and amendments thereof. -damages, how ascertained. CHAP. 171 May establish by-laws. -may connect SECT. 3. Said corporation shall have power to make, order and establish all necessary by-laws and regulations consistent with the constitution and laws of this state, for its own government and for the due and orderly conducting of its affairs and management of its property; and it is also hereby with other lines. authorized and empowered to make connection with any other railroad corporation, to lease or sell its line of railway and property, either before or after its completion, to any other railroad company, either domestic or foreign, to take a lease of or buy any other connecting line of railroad and property, whether domestic or foreign, either before or after its completion, and to amalgamate its stock with the stock of any connecting railroad company whether domestic or foreign, either before or after its completion, and to amalgamate its stock with the stock of any connecting railroad company whether domestic or foreign, in order to form with such railroad company a single corporation, upon such terms as may be mutually agreed upon, which lease, sale, purchase or amalgamation shall be binding upon the parties according to the terms thereof, only when ratified by a vote of the stockholders in said corporation present, if a quorum, at any annual meeting or other meeting legally called for the purpose. May construct a line of telegraph. -route. -may cut down trees and remove obstacles. Damages for land, how estimated. SECT. 4. Said corporation is hereby authorized to own, construct, maintain and operate a line or lines of telegraph and telephone from the town of Pittsfield through Palmyra, Hartland, Athens and Harmony, or any, either or all of said towns, all in the county of Somerset, Maine, upon and along its line of railroad constructed and to be constructed, upon and along any public highway, railroad, bridge or private lands, and subject to the provisions of chapter three hundred and seventy-eight of the public laws of eighteen hundred and eighty-five, but in such manner as not to incommode or endanger the customary public use thereof, with the right to cut down trees and remove obstacles, when necessary, within the limits aforesaid, except ornamental, fruit or shade trees, and with the power to establish and collect tolls on said line or lines. SECT. 5. If the land of any individual or corporation is taken under this act, and the parties cannot agree on the damage occasioned thereby, they shall be estimated, secured and paid in the manner provided in case of land taken for railroads. SECT. 6. Said corporation is hereby authorized and empowered to connect its line or lines with those of any other telegraph or telephone company or corporation, or to sell or lease its line or lines of telegraph and property and telephone and property, either before or after completion, to any other telegraph or telephone company or corporation, upon such terms as may be mutually agreed upon, which sale or lease. shall be binding upon the parties; or may purchase or lease any other line or lines of telegraph or telephone upon such terms and conditions as may be mutually agreed upon. SECT. 7. For the purpose of raising means and funds to accomplish the objects and purposes of this act, and for the payment of its debts and liabilities, for the satisfaction of all claims and rights arising from any of its former liabilities and judgments heretofore obtained against it, for the further extension, construction, equipment and improvement of its present road, and of its proposed extension as in this chapter provided, both as to its road and line of telegraph and telephone said corporation is hereby authorized to make and issue its bonds, in such form and manner, and payable at such times as the directors may, under the circumstances deem advisable, and it may secure the principal and the interest of said bonds by a mortgage of its railway and all its lands, property, rights, privileges and franchises then held, possessed or owned or thereafter acquired by said corporation, made to such persons as trustees and in such form and manner as the directors may appoint, determine and prescribe. The amount of bonds to be thus issued to be determined at an annual meeting of the corporation or a special meeting called for that purpose. CHAP. 171 May connect with other telegraph lines. May issue bonds and mortgage property. SECT. 8. The capital stock of said corporation may, by Capital stock. vote of its stockholders, be increased from time to time, to not exceeding two thousand shares of par value of fifty dollars each, and may issue its scrip, bonds or other negotiable promises to aid the purposes of its incorporation, and may secure the same, or any part thereof, by mortgage of its property or franchise. The time for completing its railroad to Athens, railroad, shall Maine, shall be to March nineteen, in the year of our Lord eighteen hundred and ninety-five. be completed in 1895. Reason for SECT. 9. This charter is granted because the objects sought to be accomplished, can not be fully attained and accomplished charter. granting |