CHAP. 240

Doings of W. H. Farnum, made valid.

Chapter 240.

An Act to legalize the acts and doings of the constable of the town of Rumford for the year eighteen hundred and ninety-one.

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

SECT. 1. The acts and doings of William H. Farnum, constable of the town of Rumford, in all matters relating to posting the notices and making his returns on the warrant for the annual meeting of the town of Rumford holden on March two, eighteen hundred and ninety-one, are hereby legalized and made valid.

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

Approved March 17, 1891.

Corporators.

-corporate name.

-purposes.

Authorized to

take water from Adams pond, etc.

-may erect dams, etc.

Chapter 241.

An Act to incorporate the Boothbay and Boothbay Harbor Water Company.

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

SECT. 1. George P. Wescott, Fred E. Richards and Nathan Cleaves of Portland, Arthur Sewall of Bath, all in the state of Maine, their associates, successors and assigns, are hereby made a corporation by the name of the Boothbay and Boothbay Harbor Water Company for the purpose of conveying to and supplying the inhabitants of Boothbay and Boothbay Harbor, adjacent islands and neighboring territory, with water for all domestic, sanitary, municipal and commercial purposes, with all the rights and privileges, and subject to all the liabilities and obligations of similar corporations under the general laws of the state of Maine.

SECT. 2. Said corporation is hereby authorized, for the purposes aforesaid, to take, hold and convey to said towns of Boothbay and Boothbay Harbor, and the neighboring territory, and through any part thereof, and the islands adjacent, water from the Adams pond in said town of Boothbay, or from any other supply that may be selected within said towns of Boothbay, Boothbay Harbor or the town of Southport; to survey for, locate, lay, erect and maintain suitable dams, reservoirs and machinery, pipes, aqueducts, hydrants and fixtures; to carry

CHAP. 241

or under any

navigable

waters, along

highways.

its pipes or aqueducts under or over any navigable waters, water course, bay, creek, river, bridge, street, railroad, high--lay pipes over way or other way, and for that purpose to enter upon and excavate any street, road or way in such a manner as not to unnecessarily obstruct the same, and to take up, replace and repair all such pipes, aqueducts and fixtures as may be necessary for said purposes, and to enter upon, pass over, excavate and flow any lands and to take and hold by purchase or otherwise, any real estate, rights of way or water. And said corporation is further authorized for the purpose of making may lay pipes all necessary repairs, surveys or connections to lay its pipes through any private or public lands or ways, with the right to enter upon the same and dig therein, and said corporation may establish written regulations for the use of said

water.

through private

lands.

for all damages.

Said corporation shall be responsible for all damages responsible to persons and property occasioned by such use of said streets and ways, and shall be further liable to pay to said town all sums recovered against said town for damages by reason of any defect in any highway, way or street therein occasioned by any fault or neglect of said company together with reasonable costs incurred in defending such suits; provided, said company shall have notice of any suit wherein such damages are claimed and shall be allowed to defend the same at its own expense.

SECT. 3. Said corporation shall file in the registry of deeds in the county of Lincoln, plans and descriptions of the location of all lands and water rights taken under the provisions of this act, and no entry shall be made upon any land, except to make surveys, until the expiration of ten days from such filing, and with such plan the corporation may file a statement of the damages it is willing to pay to any person for any property so taken, and if the amount finally awarded does not exceed that sum, the company shall recover costs against said person, otherwise such person shall recover such costs against said company.

SECT. 4. Said corporation shall be held liable to pay all damages that shall be sustained by any person by the taking of any land or other property, or by flowage, or by excavating through any land for the purpose of laying down pipes and aqueducts, building dams and reservoirs, and also damages for other injuries resulting from said acts; and if any person sustaining damages as aforesaid, and said corporation

any

Shall file plans the registry of Lincoln county.

of location in

deeds in

Liable for damages for

taking land or by flowage.

-how

certained, in

case of disagree

CHAP. 241 cannot mutually agree upon the sum to be paid therefor, such person may cause his damages to 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 railroads.

Capital stock.

May contract to supply water.

Towns, may contract for

water.

Penalty, for injuring

property, or corrupting

water.

May issue bonds and mortgage property.

SECT. 5. The capital stock of said corporation shall be fixed at a sum not exceeding one hundred thousand dollars and shall be divided into shares of one hundred dollars each. And said corporation for the purposes of this charter, may hold real or personal estate necessary and convenient therefor and not exceeding one hundred thousand dollars.

SECT. 6. Said corporation is hereby authorized to make contracts with said towns of Boothbay and Boothbay Harbor and with other towns, corporations, associations and individuals for the purpose of supplying them with water as contemplated by this act; and said towns of Boothbay and Boothbay Harbor, by their selectmen or by their duly authorized agents, are hereby authorized to enter into contracts with said company for the supply of water and from such exemption from public burden as said towns, or either of them, and said company may agree upon, which when made shall be legal and binding upon all parties thereto. Manufacturing and other corporations are hereby authorized to subscribe and hold stock of said Boothbay and Boothbay Harbor Water Company.

SECT. 7. Any person who shall willfully injure any of the property of said corporation, or who shall knowingly corrupt the waters of said Adams pond, or any of its tributary waters, or any supply that may be selected under this grant, in any manner whatever, or render them impure whether the same be frozen or not, or who shall throw the carcasses of dead animals or other offensive matter into said waters, or who shall willfully destroy or injure any dam, reservoir, aqueduct, pipe, hydrant or other property held or owned by said corporation for the purposes of this act, shall be punished by a fine not exceeding one thousand dollars, or imprisonment not less than one year, and shall be liable to said corporation for three times the actual damage, to be recovered in any proper action.

SECT. 8. Said corporation may issue its bonds for the construction of its works upon such rates and times as it may

deem expedient, not exceeding one hundred thousand dollars, and secure the same by mortgage of the franchises and property of said company.

SECT. 9. The first meeting of said corporation shall be called by written notice thereof signed by any three corporators herein named, served upon each corporator by giving him the same in hand or by leaving same at his last usual place of abode seven days before the time of said meeting.

Approved March 17, 1891.

CHAP. 242

First meeting,

how called.

Chapter 242.

An Act to incorporate the Gardiner Hospital.

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

name.

SECT. 1. John T. Richards, H. W. Jewett, J. B. Dingley, Corporators. J. S. Bradstreet, Harvey Scribner, A. A. Brann, David Dennis, S. Bowman, J. W. Lash, Sherburne Lawrence, J. S. Maxcy, F. W. Rafter, C. M. Drake, A. Bailey, P. H. Winslow, F. T. Bradstreet, Henry Richards, J. C. Atkins, A. C. Clark, Weston Lewis, P. H. Holmes, S. N. Maxcy, George L. Rogers, Charles Bridge, A. W. McCausland, their associates and successors are hereby incorporated and made a body politic by the name of the Gardiner Hospital, and by corporate that name may sue and be sued, have a common seal, and have all the immunities and privileges of like corporations. Said corporators and their associates shall have power to vote in as associate corporators residents of Gardiner, Farming- corporators. dale or Randolph, and when any corporator ceases to be a resident of said city or either of said towns, he shall cease to be a member of the corporation. The number of corporators shall not exceed at any time, thirty-five. No personal liability shall attach to said corporators by reason of any acts of said corporation.

SECT. 2. Said corporation may take, receive, purchase, hold and possess lands and tenements in fee simple or other wise, and dispose of and sell the same, and may receive of and from all persons and corporations disposed to aid in its benevolent purposes, any grants and devises of real estate, and any donations, subscriptions and bequests of money and

-associate

May take and receive

hold land,

bequests.

CHAP. 242 other property to the amount of two hundred thousand dollars,

Board of trustees.

-tenure.

-vacancies.

Quorum.

-by laws.

First meeting, how called.

May establish a

to be used for the erection, support and maintenance of a general hospital for the sick or a home for destitute and orphan children, or such other benevolent purposes as the corporators may decide, to be erected within the city of Gardiner.

SECT. 3. Said hospital shall be under the direction and management of a board of five trustees who shall be chosen at the first meeting of the corporation, one for the term of one year, one for two years, one for three years, one for four years and one for five years; and at each subsequent annual meeting of the corporation one trustee shall be chosen for the full term of five years. Any vacancies in the board occurring between said annual meetings shall be filled temporarily by the board and the trustees so elected, shall hold office till the next annual meeting or until others are elected and qualified in their stead.

SECT. 4. A majority in number of said corporators shall constitute a quorum for the transaction of business. Said corporation shall have power to make and establish such regulations and by-laws as may be necessary for the choice of all proper officers; to prescribe their duties and powers, and to provide generally for the internal government and economy of the hospital, such by-laws not being repugnant to the laws. of this state.

SECT. 5. The first meeting of said corporation shall be called by any five of said corporators by publication of the notice of the time and place of such meeting, in one of the newspapers published in Gardiner, said publication to be at least seven days before the time of said meeting.

SECT. 6. The said corporation is authorized to establish a training school. training school for nurses and to issue diplomas as shall be

fit and proper.

SECT. 7. This act shall take effect when approved.

Approved March 17, 1891.