CHAP. 233 -corporate name. -rights. -may construct -route. Lines may be constructed in in Kennebec county. May connect with other lines. Persons or corporations purchasing rights, invested with same powers of company. corporate, by name of the Central Maine Shaver Molecular Telephone and Telegraph Company, with all the rights and privileges, and subject to all the duties provided by the general laws of this state relating to corporations, with power by that name to sue and be sued, to have and use a common seal, and the same to change at pleasure; to establish any and all by-laws and regulations, for the management of their affairs, not repugnant to the laws of this state, to do and perform any and all other lawful acts incident to corporations of similar character; and said company shall have the right to locate and construct its lines upon and along any public highway or bridge, or along and upon the line of any railroad, in, through and about all the towns and cities in Kennebec county, but in such manner as not to incommode or endanger the customary public use thereof; and the company may cut down any trees standing within the limits of any highway, except ornamental, fruit or shade trees when necessary for the erection, use or safety of its lines. SECT. 2. Said corporation is hereby authorized to construct, maintain and operate telephone and telegraph lines throughout the length and breadth of Kennebec county, with as many wires and branches as they may see fit, commencing and terminating at such point or points as they may select hereafter within the limits aforesaid, and subject to the provisions of chapter three hundred and seventy-eight of the public laws of eighteen hundred eighty-five, and with the power to establish and collect tolls on said line or lines. SECT. 3. Said corporation is hereby authorized and empowered to connect its line or lines with those of any other telephone or telegraph company or corporation, or to sell or lease its line or lines of telephone and property and telegraph and property in whole or part, either before or after completion, to any other telephone or telegraph company or corporation, upon such terms as may be agreed by the contracting parties, which sale or lease shall be binding upon the parties; or may purchase or lease any other line or lines of telephone or telegraph upon such terms and conditions as may be agreed by the parties thereto. . SECT. 4. Any person or corporation purchasing from the corporation hereby created, the right to use its telephones for any part or parts of the county of Kennebec is hereby invested with all the power and privileges by this act conferred upon the Central Maine Shaver Molecular Telephone and Telegraph CHAP. 233 Company, subject to all the duties and liabilities hereof imposed, in said part or parts of said county of Kennebec, the said corporation is hereby authorized to assign and transfer so much of the franchise hereby granted as may be necessary for the purposes of this section. telegraph SECT. 5. Said company may use such telegraphic appliances May use any as may be necessary or convenient for the dispatch of their appliance. business. SECT. 6. The capital stock of said company shall be of Capital stock. such an amount as they may from time to time determine to be necessary, not exceeding fifty thousand dollars, for the exclusive purpose of purchasing, constructing, maintaining and operating telephone and telegraph lines hereby authɔrized and contemplated, and they may purchase, hold and dispose of such personal and real estate, as may be necessary for that purpose, not exceeding fifty thousand dollars, and shall have power by agreement with other persons or bodies corporate to connect its lines with other telephone or telegraph lines, within or without the state. SECT. 7. If the land of any individual or corporation is taken under this act, and the parties cannot agree on the damages occasioned thereby, they shall be estimated, secured and paid in the manner provided in case of land taken for railroads. Damages, how estimated in case of disagreement. how called. SECT. 8. Any two of the corporators named in this act First meeting, may call the first meeting of the corporation by mailing a written notice signed by both, 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, by-laws may be adopted, present amount of capital stock fixed, and any corporate business transacted. SECT. 9. This act shall take effect when approved. Approved March 17, 1891. CHAP. 234 Corporators. -corporate name. Authorized to erect dams, etc., on Austin stream, and improve the same. May take land and material, and flow lands. -damages, how determined. May receive tolls. Chapter 234. An Act to incorporate the Austin Stream Dam Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Turner Buswell, Charles A. Marston, William Philbrick, C. Davis Miller, Manley T. Pooler, Orrison Burrill, George S. Burrill, Frederick H. Appleton and Henry A. Appleton, their associates and assigns, are hereby incorporated under the name of the Austin Stream Dam Company, with the powers and privileges of similar corporations. SECT. 2 Said company is hereby authorized to erect and maintain dams, side dams and piers on Austin stream and its tributaries in the towns of Bingham and Moscow, the plantation of Carratunk and the townships of Mayfield and Bald Mountain, in the county of Somerset, to remove rocks and excavate ledges therefrom and to widen, deepen and otherwise improve the same, for the purpose of raising a head of water making said stream and its tributaries floatable and facilitating the driving of logs, lumber and wood down the same. SECT. 3. Said company for the above purposes may take all necessary land and materials for building said dams and piers and making said improvements, and may flow contiguous lands so far as necessary to raise suitable heads of water; and if the parties can not agree upon the damages, the corporation shall pay the proprietors for the land and materials so taken, such damages shall be ascertained and determined by the county commissioners of the county of Somerset in the same manner and under the same conditions and limitations as provided by law in case of damage by laying out of highways; and for the damage occasioned by flowing land, said company shall not be liable to an action at common law, but the person injured may have a remedy by complaint for flowage, in which case the same proceedings shall be had as when a complaint is made under the statutes of this state for flowing lands occasioned by raising a head of water for the working of mills. SECT. 4. Said company may demand and receive a toll for the passage of logs, lumber and wood over their dams and improvements, not exceeding seventy-five cents for each thousand feet of logs or lumber at the survey adopted by the CHAP. 234 lien on logs. -how enforced. Kennebec Log Driving Company and not exceeding twenty cents for each cord of wood. Said company shall have a lien upon all logs, lumber and wood which may pass over any of its dams and improvements until the full amount of toll is paid, but the logs of each particular mark shall only be holden to pay the toll on such mark, and the wood shall only be holden to pay the toll on such wood; and if said toll is not paid within thirty days after said logs, lumber or wood, or the major part thereof, shall have arrived within the limits of Kennebec Log Driving Company said Austin Stream Dam Company may seize, hold and sell at public auction such part of said logs, lumber or wood as shall be necessary to pay such tolls with all incidental costs and charges thereon, after ten days' notice in writing of the time and place of said sale given to the owner of such logs, lumber or wood. SECT. 5. An account of the cost of said improvements Account of shall be kept by the clerk or treasurer of said Austin Stream Dam Company and also its receipts for tolls, which shall be open to inspection at all reasonable times to any person interested in the same. cost, shall be kept by clerk. be reduced. SECT. 6. When said corporation shall have received from When tolls shall tolls its outlay on dams, improvements and repairs made. up to that time and six per cent interest thereon, then the toll shall be reduced to a sum sufficient to keep the works in repair. The treasurer of the Kennebec Log Driving Company for the time being, is appointed to audit the accounts and determine the cost of said dams, improvements and repairs. SECT. 7. Any or all owners of land from which logs, lumber or wood is cut which passes through or over its dams or improvements shall have a right to take an intérest in said company. SECT. 8. The amount invested shall at all meetings be represented by a fixed convenient number of votes, which shall be cast by the owners of the land from which logs, wood or lumber is cut, which passes through or over its dams or improvements; and each owner shall have the right to vote in proportion to his interest in said land, by paying his proportion of the cost of building and maintaining the dams and improvements. Owners of land right to take an shall have the interest. Who shall have the right to vote at meetings. CHAP. 235 Rights of owners in case of disagreement, how determined. SECT. 9. In case of any disagreement as to the right of owners hereunder, the same shall be forthwith determined by referees agreed upon by the parties, or by the county commissioners of Somerset county, if the parties cannot agree. SECT. 10. This act shall take effect when approved. Approved March 17, 1891. Company, authorized to lay pipes, etc., under and through the streets of Portland, under supervision of municipal officers. Chapter 235. An Act in relation to Consolidated Electric Light Company of Maine. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Consolidated Electric Light Company of Maine, a corporation created and existing under the general laws of the state of Maine and having its location at Portland in said state, is hereby authorized and empowered to construct, lay, maintain and operate wires, pipes, conduits, or other material for the transmission of electricity under, through, along, over and across highways, ways, streets, railroads and bridges in the county of Cumberland, and to erect and maintain such posts, wires and other fixtures as may be necessary for the objects of its incorporation, and to take up, replace and repair all such posts, wires and fixtures, subject to the provisions of chapter three hundred and seventy-eight of the public laws of eighteen hundred and eighty-five and to the ordinances of the city of Portland, and subject also to the supervision of the municipal officers of the city of Portland, and of any other town in said county in which its lines may be operated, and to such rules and regulations as the municipal officers -may lay pipes may from time to time impose; it is also authorized to lay, construct and maintain its wires, cables and necessary structures therefor, under, in and over tidal waters at such places as may be necessary for the purposes of said corporation in said county, but in such manner as not to obstruct navigation. in tidal waters. May make contracts to supply light, heat and power. SECT. 2. The said company is hereby authorized to make contracts with the United States, the state, and with corporations and inhabitants of any city or town in said county, for the purpose of supplying light, heat and power, as contemplated by this act and by the purposes of said corporation; |