said purposes of the said corporation, under such reasonable CHAP. 254 restrictions and conditions as the selectmen of the said towns may impose; and the said corporation shall be responsible for all damages. for all damages to the said towns, and to all corporations, persons and property, occasioned by such use of the highway, ways and streets. Whenever the said corporation shall lay -shall not down or construct any pipes or fixtures in any highway, way obstruct travel. or street, or make any alteration 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 pavement then removed by it, to be replaced in proper condition. for flowage, etc. SECT. 6. The said corporation is hereby authorized to take May take land and hold, by purchase or otherwise, any lands necessary for flowage, and also for its dams, reservoirs, gates, hydrants, buildings, and other necessary structures, and may locate, erect, lay and maintain aqueducts, hydrants, lines of pipes, and other necessary structures or fixtures, in, over and through any land for the said purposes, and excavate in and through such land for such location, construction and erection. And in general, to do any acts necessary, convenient, or proper for carrying out any of the said purposes of incorporation. It may enter upon such lands to make surveys and locations, and shall file in the registry of deeds in the county of York, plans of such locations and lands, showing the property taken, and within thirty days thereafter publish notices of such filing in some newspaper in said county, such publication to be continued three weeks successively. Not more than two rods in width of land shall be occupied by any one line of pipe or aqueduct. shall file plans registry of county. of location in deeds, York ascertained. SECT. 7. Should the said corporation and the owner of Damages, how such land be unable to agree upon the damages to be paid for such location, taking, holding, flowing and construction, the land owner or said corporation may within twelve months after said filing of plans of location, apply to the commissioners of said county of York, 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 highways, so far as such law is consistent with the provisions of this act. If said corporation shall fail to pay such CHAP. 254 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 said county, the said location shall be thereby invalid, and the said corporation shall forfeit all rights under the same, as against such land owner. 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 costs otherwise the said corporation shall recover costs. 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 said judgment or deposits. 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 them. Damages for taking water, how assessed. May contract -towns, etc., may contract for water supply. SECT. 8. Any person suffering damage by the taking of water by said company as provided by this act, may have his damage assessed in the manner provided in the preceding section, and payment therefor shall be made in the same manner and with the same effect. No action shall be brought for the same until after the expiration of the time of payment, and a tender by said company may be made with the same effect as in the preceding section. SECT. 9. The said corporation is hereby authorized to to supply water. make contracts with the United States, the state of Maine, the county of York, the towns of Kennebunk, Kennebunkport and Wells, and with any village corporation in the said towns, and with the inhabitants thereof, or any corporation doing business therein, for the supply of water or power for any and all the purposes contemplated in this act; and the said towns and any village corporations in the said towns 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 in consideration thereof to relieve said corporation from such public burdens. by abatement or otherwise as said towns, village corpora tions, and the said corporation may agree upon, which when CHAP. 255 made shall be legal and binding upon all parties thereto. Penalty, for injuring works. corrupting water or SECT. 10. 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. 11. The capital stock of the said corporation shall Capital stock. be one hundred and fifty thousand dollars, which may be increased to any sum not exceeding three hundred thousand dollars, by a majority vote of the stockholders of the said corporation; and the said stock shall be divided into shares of one hundred dollars each. estate. SECT. 12. The said corporation, for all its said purposes, May hold real may hold real and personal estate necessary and convenient. therefor, not exceeding three hundred thousand dollars. May issue bonds and mortgage property. SECT. 13. 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, to an amount not exceeding its capital stock, and secure the same by mortgage of its franchise and property. SECT. 14. The first meeting of the corporation shall be First meeting, called by a written notice therefor, signed by S. T. Fuller, Frank M. Ross, or any corporator named herein, served upon each corporator 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. SECT. 15. This act shall take effect when approved. Approved March 19, 1891. how called. Chapter 255. An Act to incorporate the Douglas Dam Water Power Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Robert Dobson, William Dobson, Gordon Dobson, Corporators. A. P. McMaster, Dennison Walker, J. W. Manson, E. C. CHAP. 255 Bryant, F. W. Hovey, N. L. Perkins, A. H. Cornforth, J. C. Conner, James F. Conner, W. R. Hunnewell, C. E. Vickery, their associates and successors, are hereby constituted a body corporate by the name of the Douglas Dam Water Power Company, for manufacturing and other purposes, with all the rights and privileges and subject to all the liabilities and obligations of similar corporations under the laws of this state. -corporate name. Authorized to construct a dam across Sebasticook river. -proviso. May contract to May take land. Shall file plans of location in registry of deeds in Somerset county. Liable for all damages. SECT. 2. Said company is hereby authorized to locate, construct, maintain, repair and extend a dam across the Sebasticook river, with necessary side dams and canals appurtenant thereto, at a point at or near the Douglas Ledges, so called, in the town of Pittsfield, provided, that a suitable sluice shall be constructed and maintained in said dam by said company for the passage of rafts, logs and lumber. Sect. 3. Said company is authorized to make contracts with any duly incorporated water company or electric light and power company for the supply either of water or power; may establish written regulations for the supply of the same, and may sell or lease any power not used by it on the dam. aforesaid. SECT. 4. For the purpose of constructing and maintaining said dam, side dams and canals, said company is authorized to enter upon any land for the purpose of making necessary preliminary surveys and setting marks and monuments therefor, and to take and hold by purchase or otherwise any real estate, rights of way or of water, and may also take and occupy any land necessary for the construction and maintenance of a road to the east end of said dam from the highway in Pittsfield leading to Palmyra. SECT. 5. Said company shall file in the registry of deeds in the county of Somerset, plans of the location of all land and rights of way taken under the provisions of this act and no entry shall be made on any lands except to make surveys as aforesaid, until the expiration of ten days from said filing; and with such plan, the said company may file a statement of the damages it is ready 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 such person, otherwise such person shall recover costs against the company. SECT. 6. Said corporation shall be held liable to pay all damages that shall be sustained by any persons or corpora tions by the taking of any lands, rights of way or of water or other property as aforesaid, and if such person or corporation sustaining damage as aforesaid shall not agree with said company upon the sum to be paid therefor, either party on petition to the county commissioners of Somerset county within twelve months after said plans are filed may have said damage assessed by them and subsequent proceedings and right of appeal thereon shall be had 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 highways. Failure to apply for damages within said twelve months shall be held to be a waiver of the same. For all damages occasioned by flowage, said corporation shall not be liable to an action at common law, but the person injured may have a remedy by complaint for flowage, in which the same proceedings shall be had as in a complaint for flowage under the mill acts of this state. CHAP. 255 how disagreement. ascertained in case of SECT. 7. The capital stock of the company shall be such Capital stock. amount not exceeding fifty thousand dollars, as may be fixed by the by-laws. . SECT. 8. For the purpose of raising funds to be used in May issue bonds the construction and maintenance of its works, and to carry and mortgage property. out the purposes for which it was created, said company is hereby authorized to issue its bonds to an amount not exceeding thirty thousand dollars and of such date and denomination, and payable at such times as the said company may determine, and to secure said bonds both principal and interest by a mortgage upon all its property, both real and personal, and also upon the franchise of the corporation. how called. SECT. 9. Any five of the corporators named in this act First meeting, may call the first meeting of the corporation, by publishing notice thereof in the Pittsfield Daily Advertiser at least seven days prior thereto. SECT. 10. This act shall take effect when approved. Approved March 19, 1891. |