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Proviso.

Canal from the westerly bank of the Androscoggin River at any point in the Town of Bethel, in the County of Oxford to Songo Pond in said town of Bethel, and thence through or near Crooked River so called, to the waters at the head of the Cumberland and Oxford Canal, that is to say at the mouth of said Crooked River so as to open a continuous communication, by water from the bank of the Androscoggin River, to said Cumberland and Oxford Canal, and thence through said Canal to Portland; and said Corporation shall have the right to erect and maintain mills, factories and machinery upon the privileges of said Corporation between Songo and Sebago Ponds aforesaid-Provided however, that said Corporation shall at no time divert, for the use of said Canal, the waters of the Androscoggin River, or of any of its tributaries, except the waters of Pleasant River, as hereinafter provided; and provided further, that the tolls established by said Corporation on said Canal shall at all times be subject to any alteration or modification, which the Legislature shall adopt.

Sect. 3. Be it further enacted, That for the purposes aforesaid said Corporation may take and use any lands, along the course of said Canal, not exceeding the width of twenty rods, paying a just compensation therefor; and, for the purpose of supplying and maintaining said Canal, the said Corporation is hereby authorized to take and use any ponds, and strearns; with the exceptions aforesaid, as the same may be convenient and necessary; and to make in any part of said Ganal, all such locks, flood gates, docks, embankments, basins, piers, wharves and other works, as may be convenient and necessary for the purposes of this Act.

Sect. 4. Be it further enacted, That said Corporation shall have the power to construct and maintain across the Androscoggin River, at any point in the Town of Bethel, aforesaid, where said dam shall not divert the waters of said river through said Canal, a Dam which shall not at any time raise the waters of the river aforesaid more than four feet.

Powers, &c.

passage of logs

ages, how obtain

SECT. 5. Be it further enacted, That said Dam shall be so constructed as that the same shall not impede the Not to impede the passage of logs to any market below said dam; and that down said river. no boom or other works shall be so constructed in any way impeding the passage of logs down said river.

Sect. 6. Be it further enacted, That said Corporation is hereby empowered to construct and maintain, for the Mase construct promotion of the purposes aforesaid, a feeder from Pleasant River into said Canal sufficient to supply said Canal with water, and to take and use such land upon the course of said feeder as may be necessary for the same, paying therefor a fair and full compensation.

Sect. 7. Be it further enacted, That where said Corporation cannot agree with any person or persons, claiming any real estate through which said Canal may pass, upon the value of said land, or the damages accruing to said owners by means of said Canal, he or they may, by Remedy for dampetition apply to the Supreme Judicial Court, or Court of elecom Common Pleas for the County where said land lays, for remedy. And said Court shall order notice to be given to said Corporation, of the pendency of such petition, and if said Company shall contest the complainant's title to said lands alleged to be injured by means of said Canal, issue shall be joined thereon, and a trial had at the bar of the said Court. And if such person or persons, at said trial, obtain judgment against said Corporation, he or they shall recover costs as in other cases. And the Court shall thereupon, appoint three or more disinterested freeholders, to make true and faithful appraisement of the damages already sustained, by said complainant or complainants as well as those yearly sustained by them, which report being accepted shall be final in the premises, and judgment shall be rendered, and execution issued thereupon, with costs,Provided, that nothing in this Act contained, shall prevent Proviso. any person or persons, who may sustain damages or injury of any privileges or water power from the diversion of Pleasant River aforesaid, or for any lands taken for the use of said Canal, or which may be flowed by reason of

any works or obstructions erected by said Company, from obtaining redress in the same course of judicial proceedings, as if this Act had not been passed.

Chapter 121.

AN ACT lo incorporate the Maine Sienite Company.

rated.

*Corporate name. cre

Approved March 16, 1836. Be it enucled by the Senate and House of Representatives, in Persons incorpo. Legislature assembled, That Roscoe G. Greene, George Pur

rinton, Daniel Winslow, and Winslow H. Purin ton, their associates, successors and assigns be, and they hereby are created a Corporation by the name of the Maine Sienite Company, for the purpose of quarrying, manufacturing, dealing in, and exporting Sienite and other stone upon and from their own land in the Town of Saco, with power to

hold and manage real and personal estate, not exceeding May hold estate at one any time, three hundred thousand dollars. And said

Corporation shall be vested with all the powers and privileges, and be subject to the restrictions and liabilities now in force by the existing general laws of this State regulating Corporations, and the provisions of an Act on the same subject, passed the sixteenth day of February in the year of our Lord eighteen hundred and thirty six.

to the amount of 300,000 dollars.

Chapter 122.

AN ACT to incorporate the Jonesborough and Whitneyville Railroad

Company

Approved March 16, 1836.

Sect. 1. Be it enacted by the Senate and House of RepresentaPersons incorpo- tives in Legislature assembled, That Edmund Monroe, Samuel

J. Lewis, Joseph Whitney, Benjamin Mathes, Charles

rated.

Ellis, Charles E. Bowers, Amos Binney, James C. Dunn, Mortimer M. Jackson, Andrew Hinkley, their associates, successors and assigns be and they hereby are created a Corporation by the name of the Jonesborough and Whitney. Corporate name. ville Rail Road Company, and shall so continue for the space of thirty years from the passing of this Act, and shall be entitled to all the privileges, and subject to all the duties, liabilities and requirements provided for in the Act entitled, "An Act concerning Corporations,” passed February sixteenth in the year of our Lord one thousand eight hundred and thirty six; and also an Act entitled "An Act defining certain rights and duties of Rail Road Corporations,” passed the first day of March in the year of our Lord one thousand eight hundred and thirty six.

Sect. 2. Be it further enacted, That said Corporation is authorized to locate, construct and maintain a Rail Road from some point near the mills at Middle Falls on the west side of Machias west River; and to extend the same to some point at tide waters in Jonesborough; and also to locate, Powers and duconstruct and maintain a Rail Road from some point near the Great Falls on the west side of Machias West River to intersect the first mentioned Rail Road, in the most suitable and convenient place between the Middle Falls and the tide waters in Jonesborough. Saving to the public the right to locate and construct any highway across said Rail Road subject to the existing provisions of law for the location, construction and repair of highways.

Sect. 3. Be it further enacted, 'That the Capital Stock of Co said Corporation shall consist of one thousand shares, o daches one hundred dollars each share; and the government of said Government to Corporation, shall be vested in not more than nine, nor less than five Directors, who shall hold their office for one year, and until others are chosen in their room, and a majority of them shall form a quorum for transacting business; and they shall elect one of their number President of the Board of Directors, who shall also be President of the Corporation, and said Corporation shall choose all a other necessary officers, and make necessary by laws and lawa.

ties,

k of consist of

Capital stock to consist of 1000 shares of $100

vest in Director.

To choose officors and make by

Annual meeting.

Proviso.

&

c.

regulations for the management of their affairs, not repugnant to the Laws of this State.

Sect. 4. Be it further enacted, That the Annual Meeting of the members of said Corporation shall be holden on the third Tuesday in June, at such an hour and place as the Directors shall designate; at which meeting the Directors shall be chosen by ballot, allowing each member of said Corporation at least one ballot, and as many votes more as he shall hold shares, Provided that no member shall be allowed more than twenty votes.

Sect. 5. Be it further enacted, That said Corporation

may purchase, and hold real estate, not exceeding in May hold estate

amount, at any one time, the value of one hundred thousand dollars for the purpose of erecting wharves, making docks, ship yards, brick yards, piling places, stores, houses and other buildings for the use and convenience of said Corporation, and may make assessments on the shares, and colleci the same, as may be provided in their by laws.

Sect. 6. Be it further enacted, That shares in the Stock of the Corporation aforesaid, shall be deemed and taken to be personal estate, and may be transferred under such regulations as may be lawfully established by said Corporation.

Sect. 7. Be it further enacted, That unless said Rail When to be com- Road from the Middle Falls aforesaid to the tide waters in

Jonesborough be completed in two years from the time of passing this Act, then so much of this Act as 'relates to said Rail Road shall be void; and if the Rail Road from the Great Falls aforesaid be not completed within four years from ihe time of passing this Act, then so much thereof as relates to said Rail Road shall be null and void. "

Sect. 8. Be it further enacted, That a toll be and here by Toll established is granted and established for the benefit of said Corporatotide waters in tion, for conveyance on the Rail Roads, from Middle Falls

to the tide Waters in Jonesborough, according to the rates following, to wit, for all planks, boards, joist or other sawed stuff or timber squared, other than hardwood, sorty cents per thousand, board measure; for the same if hard

pleted.

Jonesboro'.

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