Gambar halaman
PDF
ePub

so called now owned and occupied by David Page and Henry Tucker in the same manner as the same is now enjoyed and used by them; nor shall said Corporation infringe upon or injure any right, which the said Henry Tucker now holds or enjoys in an Island, situate nearly opposite said Osborn Eddy.

SECT. 3. Be it further enacted, That said Corporation shall from time to time, and as often as said Corporation shall have rafted out of said boom said logs separately, accordingly as they are owned, shall notify the owners thereof to take the same from said boom or booms-and unless the said owners shall take the delivery of the same within three days from said notice, and pay to said Corporation the toll or boomage of the same, said Corporation shall not be accountable for such logs after such time, but shall be entitled to said boomage of the owners thereof, which may be recovered in any Court competent to try the same-said owners first furnishing said Corporation with walks, suitable and sufficient to raft and secure said logs.

Duties, &c.

SECT. 4 Be it further enacted, That the said Corporation shall be entitled to the following rates of toll or Rates of toll. boomage, to wit: for each and all logs, sufficient to make a thousand feet of board measure, thirty seven and half cents, and for any other kind of lumber in the same proportion, which said toll or boomage, shall be charged and estimated from the bills of some surveyor, or surveyors appointed by the Selectmen of the Town or Towns, in which said boom or booms may be located, who shall be sworn to the faithful discharge of the duties of his office. SECT. 5. Be it further enacted, That for the purposes May hold real esaforesaid, the said Corporation be and hereby is authorized and empowered to purchase hold and possess any real estate adjacent to said boom or booms, or convenient thereto, not exceeding in quantity one thousand acres, with all such buildings as may be deemed necessary for the convenient management of the affairs of said Corporation, and for the same purposes their agents, and those

tate, &c.

upon the shores of the river.

To pay a reasona

ages, to owners of land upon the shores.

under their employment are hereby empowered to use and May occupy land occupy the lands on the shores of said river, so far as may be necessary, at the place or places, where said boom or booms are erected, and at such other 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 the river for the purpose of making necessary repairs from time to time, and generally for doing all matters and things necessary and convenient for the full accomplishment of the objects of this incorporation, subject however to pay the owner ble rent, and dam- or owners of such land a reasonable rent, and also to pay such damages as may arise thereto in the prosecution of such objects and purposes-And if the proprietors of said boom or booms and the owners of land so damaged cannot agree upon the amount of damages thus occasioned, nor upon some suitable person or persons to estimate the Manner of recov- same, then upon application of either party a Committee of three disinterested freeholders shall be appointed by the Court of Common Pleas holden within and for the County in which such lands may be situated, to ascertain said damages, and the report of said Committee made at the next term of said Court after their appointment, shall be the measure of damage,-Provided, That if either party shall be dissatisfied with said report, and shall at the same session of the Court aforesaid, at which said report shall be made, apply to said Court for a trial by Jury, the Court aforesaid shall have power to determine the same by a Jury in the same manner as other cases are determined. And if the verdict of the Jury shall not vary from the report of the Committee aforesaid in favor of the party ap plying for said trial, then judgment shall be awarded against the party so applying for all costs arising subsequent to such application.

ery.

Proviso.

SECT. 6. Be it further enacted, That if any person or Penalty for injur- persons shall wilfully and maliciously injure or destroy the said boom or booms or parts thereof, or any work connected therewith, he or they shall pay to the proprietors of said

ing Boom, &c.

incorporation, treble the amount of such damage as the said proprietors, shall before the Court and Jury make to appear to have been sustained by them in consequence of such injury, which damage may be sued for and recovered in an action of trespass in any Court proper to try the

same.

Manner of call

SECT. 7. Be it further enacted, That any two persons named in this Act shall have power to call the first meeting ing first meeting. of the Proprietors of said Corporation by publishing an advertisement in the Kennebec Journal and Skowhegan Sentinel fourteen days before the time of said meeting, stating the time and place, when and where said meeting shall be holden.

Chapter 151.

AN ACT to incorporate the Salt Water Falls Company.

Approved March 24, 1836.

Names of Corpo

SECT. 1. Be it enacted by the Senate and House of Representatives, in Legislature assembled, That William Freeman, Names Robert Foster 2d, and Isaac Gage, their associates, successors and assigns be incorporated into a body politic by

the name of the Salt Water Falls Company, and by that Corporate name. name may transact all business and enjoy all privileges, to which similar Corporations are entitled by an Act concerning Corporations passed the sixteenth day of February in the year of our Lord one thousand eight hundred and thirty six.

SECT. 2. Be it further enacted, That the capital stock Capital Stock. of said Company shall consist of two hundred thousand dollars to be divided into and held by shares of one hundred dollars each.

SECT. 3. Be it further enacted, That said Company Powers, &c. be and they hereby are authorized to build, maintain, repair and rebuild a dam and bridge either separately or connected, as may be thought necessary across the Nar

Proviso.

Proviso.

through Bridge,

Dam.

To cause the pas

raguagus River in the Town of Harrington, and at a place called Salt Water Falls; and said Company are hereby authorized to flow the water by means of said dam, and to use and improve the same for propelling mills factories and other purposes, either upon said dam or in canals, basins or sluices made therefor, Provided, however, that the water in said River shall not be raised so high by means of said dam as to injure or destroy the improvement, of any mills or mill privileges, now occupied as such above said dam. And provided further that the water in said river shall not be raised as aforesaid so as to prevent the owners of mills and privileges above from carrying on any works to improve the navigation of said river the ensuing season for making such improvements and provided also that such owners shall not be molested or impeded in making any necessary improvements of the navigation below said Salt Water Falls by the Corporation aforesaid except such improvement will injure any mills belonging to said Corporation.

SECT. 4. Be it further enacted, That said Corporation To make draw shall make and provide a suitable draw through said Bridge and locks through or dam at least twenty eight feet wide in the clear, and shall also make and provide a good, sufficient and easy passage way or passage ways, through said dam by means of locks, gates, or otherwise, so that rafts, boats, vessels, and all other river craft, which said River may hereafter be made navigable for, may safely pass through each passage way or passage ways, at all times. And it shall be sage ways to be the duty of said Company to cause said draw and passage ways to be promptly and faithfully tended and managed by careful and skilful persons, so that all rafts, boats, vessels, and other river craft, having occasion therefor, may be admitted and pass through the same without any unreasonable delay-Provided however, that no compensation shall be asked or received for the purposes aforesaid, and no toll or pay shall be exacted or taken of any person for Liable to damag- passing the dam and bridge aforesaid,—and said Company shall be liable for all damages, which may arise in couse

faithfully tended.

No toll to be received.

es for neglects.

quence of any neglect in tending the dam or passage ways as aforesaid, to the party injured thereby-to be recovered by an action of debt before any Court of competent jurisdiction, and provided further that said dam shall be so constructed as to admit the tide to flow in at high water so as to have the water as high above the dam as below it.

SECT. 5. Be it further enacted, That said Corporation shall so construct said dam or bridge that the same shall be made a safe and convenient passage way, and shall at all times keep the same in good repair and free and open for the accommodation of the public travel so that they can pass with their teams, carriages or otherwise. And said Corporation shall locate and open a road or highway leading westerly over lands belonging to said Company from the said bridge or passage way to the town road, and in like manner locate and open a road or highway leading easterly from said bridge or passage way over their own lands to a town road, which roads or highways when accepted by the Town authorities or County Commissioners shall be deemed public highways.

To open roads,

&c.

wharves, &c.

SECT. 6. Be it further enacted, That said Corporation may erect and maintain, within one and a half miles, above May erect piers, or below said dam such piers abutments, wharves, side booms, or other structures, which may be necessary and suitable for the protection of said dam and bridge, passage ways or other works of said Company, and which may be required for the safe and easy guidance of all boats, rafts, vessels and other craft, in and through said draw or passage ways, or which may be needed for the better accommodation of the business of said Company-and the said Corporation may also cut and open such canals and sluiceways, on their own lands, within the limits aforesaid on the banks of said river as may bewanted for the purposes aforesaid. Provided, that such piers, abutments, wharves, Provisoside booms, canals, sluiceways or other structures, shall not interfere with or impede the free passage of such logs, lumber, rafts, boats, or other craft floated down, or designed by the owners thereof to pass over or through said

« SebelumnyaLanjutkan »