366

PENOBSCOT BOOM CORPORATION.

manner other like cases are determined, the Court shall, by jury, determine the amount of such damage accordingly--and if the verdict do not give to the party applying for the jury greater damages than were awarded by the committee, judgment for cost shall be rendered against the applicants and if the verdict be more favorable to the party applying for a jury than was awarded by the committee, the applicant shall recover costs, and execution shall in either case issue upon the judgment.

SECT. 4. Be it further enacted, That if any person or Penalty for in-persons shall wilfully or maliciously injure or destroy any juring said Booms, piers, of such booms, piers or other works, connected therewith, &c. he or they shall pay treble the amount of the damage to How recovered. the corporation, to be recovered by action of trespass, and further be liable to indictment and prosecution before the Supreme Judicial Court, or Court of Common Pleas, for a high handed misdemeanor, and, on conviction, to suffer such penalty or imprisonment as the said Court shall direct and order.

Duty of said
Corporation.

SECT. 5. Be it further enacted, That it shall be the duty of the corporation to cause the passage ways, or open spaces, in said booms, to be carefully guarded day and night, so that no lumber be permitted to escape,—to raft all lumber in said booms securely and faithfully, with suitable warps and wedges for rafting, and secure the same below said booms ten days, if the number of logs belonging to any one man, or company of men, does not exceed one hundred; if the number be over one hundred, and does not exceed three hundred, five days;-and if the owner, at the expiration of the time aforesaid, have not removed the same, the corporation may remove them to some safe and convenient place, and the owners shall pay such expenses as may arise in the removal and securing of the same.And should any person or persons suffer any loss in consequence of the neglect or carelessness of the corporation, then said corporation shall be accountable for such loss.shall be accoun- The said corporation shall cause the logs to be rafted without any unnecessary delay, and in season for running them to Stillwater or Oldtown, making the rafts straight

Corporation

table for losses.

or square at one end, so that two rafts may be united more conveniently-The owner of the lumber shall drive it as near the main body of the logs, or as near the place where they are rafted, as may be.

SECT. 6. Be it further enacted, That there be allowed

Boomage.

to the corporation a toll or boomage upon the lumber thus Rates of toll or boomed, rafted and secured, including the warps and wedges by which they are rafted, viz. thirty eight cents

per thousand feet, board measure, for board logs, and a reasonable sum for finding warp rafting and booming all timber, clapboard bolts and other lumber, in proportion to board logs but any owner seasonably furnishing his own warp for that purpose shall pay a toll only of thirty two cents per thousand-and, at the expiration of ten years Tolls to be regfrom the passing of this Act, said tolls shall be subject to years. the further regulations of the Legislature-The corpora- Corporation tion shall have a lien on all logs thus boomed for the pay- lien on logs for ment of boomage and other expenses.

ulated in ten

shall have a

Boomage.

When no owner

the Tolls on any

sold.

receive net pro:

two years.

SECT. 7. Be it further enacted, That if any logs shall be boomed, rafted and secured as aforesaid, and no person appears to pay should appear to claim the same the tolls thereof, logs, they may, and pay it shall be lawful for the corporation, after advertising the after notice be same sixty days, in the town of Bangor and Orono, with the marks thereon, if any there be, to dispose of the same to the best advantage, if no owner appear to claim the same;—and the owner, at any time within two years from Oowner may said sale, shall be entitled to receive the avails thereof, ceeds within after deducting the tolls, expenses and necessary charges -but if not claimed within said two years the proceeds shall be vested in the corporation for their own use. SECT. 8. Be it further enacted, That for the purposes aforesaid, the said corporation be and hereby is authorized and empowered to purchase, hold and possess, any real Corporation estate adjacent to said boom, or booms, or convenient may hold real thereto, with leave to build all such buildings as may be deemed necessary to the convenient management of the affairs of said corporation; and for the same purposes, their agent, and those in their employment, are hereby empowered to use and occupy the lands on the shore of said river,

estate, &c.

368

COMMERCIAL BANK.

so far as may be necessary at the place or places where said booms are erected, and at such other place or places as may be necessary for rafting and securing logs and other lumber, and to pass and repass on foot to and from said boom or booms, over the lands on both sides of said river, for the purpose of making repairs from time to time, and generally for doing all matters and things, necessary for the full accomplishment of the object of this corporation; subject however, to pay such damages as may arise in the prosecution of such objects, or purposes-the damage to be ascertained as in the third section of this Act. SECT. 9. Be it further enacted, That all logs, rafted out Logs rafted out of said booms, or its branches, shall be measured, and their quantity ascertained, by a person to be appointed by the Surveyor General of lumber of the town of Bangor, should such a surveyor be appointed, otherwise by a surveyor appointed by the Selectmen of said town.

of such Booms

shall be measured.

Names of

per

CHAPTER 237.

AN ACT to incorporate the Commercial Bank,

Approved February 16, 1832.

SECT. 1. Be it enacted by the Senate and House of Representatives, in Legislature assembled, That Jacob Robinson,

sons incorpo Jere Robinson, Gilbert Trufant, Zina Hyde, William D. rated. Sewall, Freeman Clark, William M. Rogers, Joseph Sewall, John Smith, Oliver Moses, Daniel Larrabee, Samuel G. Bowman, Davis Hatch, Parsons Smith, Charles Crooker, Alpheus W. Boynton, Michael F. Gannett, James H. McLellan, George Shepard, Richard Nutter, Aaron Tyler, Nathaniel Weld, Benjamin F. Emery, Benjamin Randall, Ammi R. Mitchell, Charles Sewall, William Potter, William D. Crooker, Eleanor Kittridge, Nathaniel Groton, Joshua Sewall, Hannah Allen and their associates successors and assigns be and hereby are created a corporation by the name of the President, Directors and Company of

shall continue

the Commercial Bank, and shall so continue until the first Corporation day of October in the year of our Lord one thousand eight until 1847. hundred and forty seven. Provided, that the persons above Proviso. named, or such of them, as shall be living at the time said

corporation shall go into operation shall become Stock-
holders in said corporation to the amount of at least fifty
per centum of its Capital Stock, and continue to hold that
proportion of said stock from the commencement of the
operations of the Bank until the whole capital, named in
the second section of this Act, shall have been paid into
said Bank.

to consist of

divided into

SECT. 2. Be it further enacted, That the capital stock Capital Stock of said Bank shall consist of fifty thousand dollars in gold $50,000—to be and silver, divided into five hundred shares of one hundred dollars each. And said Bank shall be established in the town of Bath in the County of Lincoln.

500 shares.

Stockholders.

SECT. 3. Be it further enacted, That a meeting of the Meetings of Stockholders shall be called, at such place as they shall direct, on the first Monday of October annually, and at such other times and places as shall be appointed by the Directors for the time being, by public notification fourteen days previous. At said annual meetings there shall be When and chosen by ballot five Directors to continue in office the year ensuing, and until others are chosen in their room.

where holden.

SECT. 4. Be it further enacted, That any three of the above named corporators may call a meeting of said cor- How called. poration by advertisement ten days previous in the Maine Inquirer, a newspaper printed in Bath or the Eastern Argus, a newspaper printed in Portland. And at such meeting said corporation may choose five Directors, and do any other business, they are authorized to transact at the annual meeting.

SECT. 5. Be it further enacted, That said corporation shall be entitled to all the powers and privileges and sub- Powers, privileges, &c. jeet to all the duties and liabilities, specified in an Act entitled "An Act to regulate Banks and Banking," passed the thirty first day of March in the year of our Lord one thousand eight hundred and thirty one.

370

rated.

Corporation to

continue 30

years.

CALAIS RAILWAY COMPANY.

CHAPTER 238.

AN ACT to incorporate the Calais Railway Company.

Approved February 17, 1832.

SECT. 1. Be it enacted by the Senate and House of RepreNames of per- sentatives, in Legislature assembled, That William DeLesdersons incorpo- nier, Jones Dyer, Joseph Whitney, George Downes and Otis L. Bridges, with their associates, be and they hereby are created a corporation by the name of the Calais Railway Company, and shall so continue for the term of thirty years from the passage of this Act, for the purpose of erecting, repairing and maintaining, for the transportation of For what pur- goods lumber and other articles, a railway within the town of Calais in the County of Washington, from the still waat Milltown, so called, to the place of shipping lumber on the St. Croix river; and by the name aforesaid may sue and be sued, and may have a common seal, and change the same at pleasure, and may make by-laws for the management of their concerns, not repugnant to the laws of the State, and have all other powers incident to corporations.

pose.

Powers, &c.

Capital Stock to be divided

into shares, &c.

Choice of offi

cers.

Corporation may hold real and personal

estate.

ter,

SECT. 2. Be it further enacted, That the capital stock of said corporation shall be divided into shares of one hundred dollars each, and at all meetings of said corporation, each proprietor shall be entitled to as many votes as he may hold shares; but no proprietor shall be entitled to more than ten votes.

SECT. 3. Be it further enacted, That the stockholders of said corporation may annually on the first Monday of May choose a board of five Directors, and all other offi cers, which they may deem necessary.

SECT. 4. Be it further enacted, That said corporation may take and hold by gift, grant, bargain and sale, or by lease, any estate real or personal, to an amount not ceeding fifty thousand dollars in value, and the same or any part thereof may sell and convey at pleasure.

ex

SECT. 5. Be it further enacted, That for the transporta tion of articles upon said railway the said corporation are