SECT. 17. Be it further enacted, That said Commissioners shall be entitled to retain to their own use for their services, such sum as may be agreed upon between them and said Corporation: And in case Compensation of disagreement, such sum as shall be determined to Commisby the Judge who appointed such Commissioners. sioners, liable for re SECT. 18. Be it further enacted, That if the President, Directors and Cashier of such Bank, shall, upon demand made by such Commissioners, refuse or neglect to surrender to them all the books, papers, property, estates and demands of said Corpo- Directors, &c. ration, such President, Directors and Cashier, so fusing to give refusing or neglecting, shall thereupon severally be-up property to come liable in their individual capacities, for the ers in their pri payment of all debts due from said Corporation: ties; And any creditor to said Corporation may have and and maintain his action against such President, Di-art may be proceeded a rectors and Cashier, or either of them, to recover gainst accord against them, or either of them, in their individual capacities, the amount of the just demand against said Corporation. This Act passed February 26, 1825.] vate capaci ngly... CHAPTER CCCLIII. AN ACT in addition to an act, entitled "An Act to establish the be deemed SECT. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That Former act to the act to which this is additional, shall, in all legal public. proceedings, be deemed a public act: And if said Canal to be canal corporation shall not complete said canal with- completed" in five years from the passage of this act, then the within five act to which this is in addition shall be void. years. Part of former SECT. 2. Be it further enacted, That the tenth sec-act repealed. tion of the act to which this is additional, be, and the same is hereby repealed.. [This Act passed February 26, 1825.] AN ACT authorizing the town of over the Kenduskeag ago to purchase the bridge SECT. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That Town author- the inhabitants of the town of Bangor, in the county ized to pur of Penobscot, in their corporate capacity, be, and they are hereby authorized and empowered, by their selectmen or agents, duly appointed, to purchase and hold, in their said capacity, the bridge in said town, now a toll bridge, over the Kenduskeag stream, so called, in the same manner as other town bridges dare held by said inhabitants. ad or boulenc SECT, 2. Be it further enacted, That said bridge To be hereaf- shall hereafter be free of toll; and the said town ter free of toll ; shall keep and maintain said bridge in good repair, town required and rebuild the same when necessary, in the same manner as they are by law required to keep in repair, and to rebuild the other bridges in said town. SECT. 3. Be it further enacted, That the inhabi tants of said town of Bangor, may at any legal meetraise, assess & ing or meetings of the same, vote to raise any sum collect monies, or sums of money, which may at any any time be necessary for purchasing, repairing or rebuilding said bridge; which sum or sums so voted to be raised, shall be assessed upon the polls and estates of the inhabitants aforesaid, and shall be collected in the same manner as other monies, raised by said inhab itants for the defraying of town charges, are assessed and collected. [This Act passed February 26, 1825.] AN ACT to prevent the destruction of shoals or beds of lobsters about the bay at the mouth of Saco River. SECT. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That, from and after the passing of this act, it shall not be lawful for any person or persons, not residing in the taking and town of Saco or Biddeford, to enter upon the shoals, Penalty for or beds, in and about the bay at the mouth of Saço carrying away river, and about Winter Harbor, for the purpose of shell fish. taking or carrying away lobsters from such shoals or beds, and if any person or persons, not inhabitants of those towns, shall, contrary to the provisions of this act, so take and carry away such shell fish, he or they shall forfeit and pay to the use of those towns, a sum not less than ten dollars, nor exceeding twenty dollars, for every such offence, to be recovered by action of debt, by the selectmen of those towns, before any tribunal proper to try the same. SECT. 2. Be it further enacted, That it shall not what shall not be construed to be a violation of this act, if any per- be a violation son or persons, not inhabitants of the towns of Saco or Biddeford, shall take such fish, upon shoals, beds, or grounds, where cod or scale fish are usually taken; or if any person or persons, employed on board coasting or other vessels, belonging to this State, that may harbor in said bay, shall take or carry away such fish. [This Act passed February 26, 1825.] CHAPTER CCCLVI. AN ACT to establish the Penobscot Boom Corporation. Persons incor SECT. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That Samuel Silsbee, Samuel Dudley, Andrew Godfrey, Daniel White, Amos Roberts, S. C. Burrill, Joseph porated. Treat, John Benoch, George Read, John P. Davis, Amos Bailey, Budd Parsons, George Ring, David Ring, Retire Frees, John Benoch, jun. Ira Wadleigh and Ebenezer Webster, their associates, successors and assigns, be, and they are hereby established a corporation, by the name of the Penobscot Boom Corporation; and by that name may sue and be sued ; prosecute and be prosecuted; shall have a common seal, which they may alter at pleasure; and shall privileges. enjoy all the privileges and powers, and do and suffer, all such matters and things as are incident to similar corporations. Powers and PENOBSCOT BOOM CORPORATION. SECT. 2. Be it further enacted, 'That said corporation, be, and hereby are empowered, within the Location of term of five years from the passing of this act, to erect, maintain and keep a boom across the Penobscot river at Costagans Island, or at such other place as may be deemed most safe and convenient between Sunkhaze and Hemlock Island, so called, for the purpose of stopping and securing masts, logs and other lumber, which are or may be drifted or rafted down said river; also granting said corporation leave to erect such piers, side or branch booms, as may be necessary for the safety and convenience of stopping and securing such logs and other lumber, as may come into said boom; and said boom shall be so constructed, as to admit the passage of rafts and boats. to damages, be appointed. SECT. 3. Be it further enacted, That if any perIn case of dis- son or persons shall suffer any damage by means of agreement as building or hanging the said boom or booms, or any committee to other works connected therewith, and the parties cannot agree upon the amount of damages thus occasioned, nor upon some suitable person or persons to estimate the same, then, in such case, a disinterested committee of three freeholders shall be appointed by the Court of Common Pleas, holden in and for the county of Penobscot, to ascertain the damages; and the determination of the committee, so appointed, shall be the measure of damages: Provided, That if either party shall be dissatisfied with the report of the said committee,and shall at the same session of the Court aforesaid, at which such report shall be made, apply to said court for a trial by jury, in the manner other like causes are determined, the court aforesaid shall have power to determine the same by a jury as aforesaid: And if the restrictions as verdict of the Jury shall not give the party applying a greater sum in damages than the said committee shall have awarded as aforesaid, the court shall award costs against the applicants; but if the decision shall be more favorable to the party applying, than the report of said committee, the said court shall render judgment accordingly, with costs, and issue execution in either case. Either party dissatisfied, may have trial by jury; to costs. ing booms, lia SECT. 4. Be it further enacted, That if any person or persons, shall wilfully or mischievously injure or destroy the said boom or booms, or any other Persons injur works therewith connected, or parts thereof, he or ble to treble they shall pay treble the value of such damage, as damages, &c. the proprietors of said corporation, shall, before the court and jury, before whom trial shall be had, make to appear they have sustained by means of said trespass; to be sued for and recovered in any court proper to try the same. Toll establish Articles may until toll SECT. 5. Be it further enacted, That a toll or boomage be, and is hereby granted and established for the benefit of said proprietors, their successors and assigns, according to the rates following, viz. : for each mast, twenty five cents; each ton of timber, ed. ten cents; each spar or board log, ten cents ; each thousand of clapboards and staves, boards, plank or scantling, (board measure,) twenty cents; each thousand of shingles, five cents; and the same ratio for an equal quantity of any other articles of wood or lumber, for stopping and securing the several articles aforesaid; and the same toll or boomage, for each and every month the same shall lay secured within said boom or booms; and the said proprietors or their agent shall have power to detain the several articles aforesaid, until the said toll or boomage is be detained paid: And if within eight months from the time of be paid, shall stopping and securing any of the articles aforesaid, no person or persons shall appear to claim the same and pay the toll or boomage as aforesaid, it shall be the duty of said proprietors, by their agent as aforesaid, to advertise, for the space of twenty days, in the towns of Bangor, Orono and Sunkhaze, or in a newspaper printed in the county of Penobscot, all such of the said articles as may remain unclaimed as aforesaid, describing the same as nearly as may be, with the marks thereon; and if at the expiration of said twenty days, no person shall appear to claim the same, the said proprietors, by their agent as aforesaid, shall proceed to sell the same at public auction, for the most that can be obtained; and the proceeds of such sale shall be retained by said corpora |