CHAP. 299 SECT. 3. All fines and penalties provided for in this act, shall be recovered as provided in chapter forty of the revised statutes and amendments thereto. Approved March 25, 1891. Time for completing Chapter 299. An Act additional to chapter three hundred and ninety-three of the Private and Special Laws of eighteen hundred and eighty-nine, relating to the Cape Elizabeth Shore Railroad Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: A further time of two years is hereby granted to the Cape road, extended. Elizabeth Shore Railroad Company, in which to survey and complete its line. Said corporation is hereby authorized to extend its road in said town of Cape Elizabeth, from Knightsville to a point at or near Cash's corner, in said Cape Elizabeth. Provided, such road shall in no event, cross the tracks of any steam railroad at grade therewith, except by consent of the railroad commissioners. Approved March 25, 1891. Company, authorized to piers. -shall not interfere with passage of logs, Chapter 300. An Act to amend the charter of the Caribou Water Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. The Caribou Water Company is hereby authorbuild booms and ized to locate, build and maintain in the Aroostook river, in the pond made by its existing dam, such booms and piers as may be necessary for the use of such mills and manufactories as may use power on or from said dam. Said piers and booms shall not be located, built or maintained so as to in any way interfere with a reasonable and suitable passage through said pond for all logs, lumber, rafts and boats, and any person claiming that said piers and booms are so located, built or maintained, shall not be concluded by the adjudication of the county commissioners, under section two. etc. CHAP. 301 Location, shall county SECT. 2. All such piers and booms shall be erected and maintained in such places as shall first be approved by the be approved by county commissioners of Aroostook county, on petition there- commissioners. for, after notice published two weeks successively in one newspaper in Houlton, in one newspaper in Presque Isle and in one newspaper in Caribou, giving the time and place of hearing, at which all parties interested may be heard. SECT. 3. No other piers or booms shall be erected in said Exclusive right. pond without the consent of the legislature. SECT. 4. This act shall take effect when approved. Approved March 25, 1891. Chapter 301. An Act to incorporate the Caribou Stream Improvement Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Corporators. SECT. 1. S. W. Collins, H. D. Collins, Charles E. Oak, their associates and successors, are hereby constituted a body corporate, by the name of the Caribou Stream Improvement corporate Company, with all the rights, powers and privileges, and subject to all the liabilities of similar corporations. name. Authorized to remove obstructions, etc., from north branch of Caribou stream. SECT. 2. Said corporation may clear and remove the natural obstructions from, deepen, widen and straighten the te channel of the north branch of the Caribou stream, in Woodland, above Allen's mill pond, so called, thence to the sources of said branch, for the purpose of facilitating the driving of logs therein, and said corporation may take land and material along said stream, and if the damages therefor cannot be agreed on, any person entitled thereto may recover the same in an action on the case. SECT. 3. After said corporation shall have made said channel, or any portion thereof, floatable for log driving purposes, it may demand and receive twenty-five cents per thousand feet, board measure, for all logs and ten cents per cord for all rift, which shall pass through said channel when so improved by said company. Said corporation shall have a lien on said logs and rift, or other timber, for said toll for sixty days after the same shall have arrived at the place of destination, to be enforced by attachment and action of debt. May receive tolls. -lien on logs. SECT. 4. The capital stock of said corporation shall not exceed one thousand dollars, to be divided into shares of one hundred dollars each. SECT. 5. The first meeting may be called by either corporator, by giving seven days' notice in writing therefor to his associates. SECT. 6. This act shall take effect when approved. Approved March 25, 1891. Sec. 1. amended. S. & M. R.R. authorized to -route. Chapter 302. An Act to amend 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: SECT. 1. Section one of said act is hereby amended by striking out the words 'north or' in the eleventh line of said section, so that said section as amended, shall read as follows: '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 appendages, from the present terminus of its present road at Hartland, Maine, by a feasible route to some point or place at or near Athens village in Athens, Maine, but not west of said village, passing through the towns of Hartland, Athens, Harmony, or any or all of said towns in the county of Somerset, Maine.' SECT. 2. This act shall take effect when approved. Approved March 25, 1891. CHAP. 303 Chapter 303. An Act to incorporate the Winn Water and Power Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Corporators. -corporate SECT. 1. Simon B. Gates, Nathan A. Averill, James Rice, E. C. Ryder, their successors and assigns, are hereby incorporated by the name of the Winn Water and Power Company, name. for the purpose of conveying to and supplying the inhabitants of the town of Winn with water for all domestic, sanitary and municipal purposes, including the extinguishment of fires, and for the purpose of creating, selling and leasing power for manufacturing purposes, with all the rights and privileges and subject to all the liabilities and obligations of similar corporations under the general laws of this state. -purposes. Authorized to erect dam Penobscot SECT. 2. Said company is authorized to erect and maintain a dam across the Penobscot river between a point opposite across the tannery of Henry Poor and Sons, in said town of Winn, river. and the railroad bridge near the village of Mattawamkeag on the Canadian Pacific Railway; provided, that suitable sluices -proviso. shall be constructed and maintained by said company in said dam for the passage of rafts, logs and lumber. SECT. 3. Said company is further authorized to cut and maintain canals from said dam and for the purpose of constructing said dam and canals, may take, occupy and inclose any lands adjoining the same which may be necessary for building or repairing the same and other necessary purposes on each side thereof, and may blow up and remove any rocks in said river and dig up any land in said river when neces sary. SECT. 4. Said company is further authorized to lay, construct and maintain in, under, through, along and across the highways, ways, streets, railroads and bridges in said town. and to take up, replace and repair all such pipes, hydrants and structures as may be necessary for the purposes of its incorporation to enter upon and excavate any highway or other way in such manner as least to obstruct the same; to enter, pass over and excavate any land; to take and hold by purchase or otherwise any real estate, rights of way or of water and in general to do any acts necessary, convenient or proper for carrying out any of the purposes of this act. May cut canals and take land. May lay pipes etc. along highway, CHAP. 303 May cross any private or public sewer. -shall not obstruct public travel. May lay pipes in and under SECT. 5. Said company shall have power to cross any water course, private or public sewer or to change the direction thereof when necessary for the purposes of its incorporation, but in such manner as not to obstruct or impair the use thereof, and said company shall be liable for any injury caused thereby. Whenever said company shall lay down any fixture 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 then removed by it, to be replaced in proper condition. SECT. 6. Said company is authorized to lay and maintain Penobscot river. its pipes, under, in and over the Penobscot river, and to build and maintain all necessary structures therefor. SECT. 7. Said company shall file in the registry of deeds, in the county of Penobscot, plans of the location of all land and water rights taken under the provisions of this act, and no entry shall be made on any lands, except to make surveys, 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 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 such person, otherwise such person shall recover costs against the company. SECT. 8. Said company shall be held liable to pay all damages that shall be sustained by any persons by the taking of any lands, water, rights of way or other property or by excavating through any land for the purpose of surveying for, locating, laying or building dams, canals, reservoirs, pipes, hydrants or other structures, by taking and holding any lands necessary for flowage and for any other injuries resulting from said acts; and if any person 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 Penobscot county, within twelve months after said plans are filed, may have said damage assessed by them, and subsequent proceeding and right of appeal thereon shall be had in the same manner and under the said conditions, restrictions and limitations as are by law prescribed in the case of damages by the laying out of high |