To keep open a fishway.

Proviso.

The taking of Salmon, &c. prohibited within certain limits.

to amount of 200,000 dollars.

dam-and it shall be the duty of said Corporation to con struct and maintain a good and sufficient fish way, over or through said dam for the passage of salmon, shad and ale wives, and keep the same free and open at such times as the fishways on said river are now required by law to be kept free and open-Provided however, that if the flood gates or other openings which may be made through said dam should be sufficient for the passage of said fish, no other fishway shall be required as aforesaid.

SECT. 7. Be it further enacted, That if any person shall at any time take any salmon, shad or alewives, within the distance of fifty rods above or below or at said dam or fishway, he shall for every such salmon, so taken forfeit the sum of five dollars, and for every such shad or alewive so taken the sum of one dollar, to be recovered by an action of debt in the name of any complainant before any Justice of the Peace in the County of Washington,-one half to the use of the complainant and the other half to the use of the inhabitants of the town where taken as aforesaid.

SECT. 8. Be it further enacted, That for the purposes of May hold estate this Act, said Corporation are authorized to have, purchase, hold and enjoy any lands, tenements, and estates, real, personal and mixed to an amount not exceeding two hundred thousand dollars, as provided for in the second section, and the same or any part thereof to sell lease, or convey at pleasure.

Powers, &c.

Damages-how obtained.

SECT. 9. Be it further enacted, That it shall be lawful for said Company to enter upon and improve such lands as may be necessary for the construction and protection of the works, and for the prosecution of the business appertaining to said dam, and mentioned as aforesaid—and if any person or persons shall suffer damage by the exercise of any of the powers, herein granted to said Corporation, and the amount of such damage cannot be agreed upon by the parties, or some suitable person or persons agreed upon to estimate the same, the Court of Common Pleas for the County of Washington shall on application of the

party aggrieved, cause said damage to be estimated by three disinterested freeholders of the same County-Provided however, that if either party be dissatisfied with the award of said Committee, such party shall be entitled to a trial by jury in the manner other like causes are determined.

Proceedings, rel

SECT. 10. Be it further enacted, That whenever any three or more persons shall make complaint in writing-ative to damages. having previously given reasonable notice of the particular grounds of such complaint to said Company-to the Court of Common Pleas for the County of Washington, alleging that said Company in the construction of any of the works herein contemplated have failed to conform to the conditions of this Act, it shall be the duty of the Court to appoint three disinterested freeholders, who after due notice given, shall examine the premises and hear the parties and their witnesses, and thereupon adjudicate upon said complaint-and if they find the same to be unfounded, they shall award reasonable costs to said Company against said complainant-but if well founded, they shall award like costs to said complainant, and shall in writing prescribe the improvements necessary to be made in and about said works, and the time in which the same shall be made; and if the said Corporation shall not cause said improvements to be made and finished within the time prescribed therefor, the said Commissioners shall enter into contracts therefor and cause the same to be completed; and for all the expense thereof with reasonable compensation to said Commissioners and all other costs, the said Court shall issue an execution or a warrant of distress against said Company., SECT. 11. Be it further enacted, That if any person or persons shall wilfully and maliciously molest, injure or destroy any of the works belonging to said Company, created or caused by virtue of this Act and mentioned as aforesaid, he or they shall, on conviction thereof before the Court of Common Pleas forfeit such penalty or suffer such imprisonment for every such offence, as said Court may order according to their discretion and the aggravation of the offence—and shall also be liable to pay to said

Penalty for injur

any of the

works.

pleted.

Company treble damages therefor, to be recovered by an action of trespass in any Court of competent jurisdiction.

SECT. 12. Be it further enacted, That unless said dam When to be com- and bridge and works appertaining to the same and requir ed by this Act, shall be completed and fitted for use within five years from the passing of this Act, all the powers herein granted to said Company shall be annulled and made void.

SECT. 13. Be it further enacted, That any one of the Manner of call- persons before mentioned may call the first meeting of the ing first meeting. Corporation by publishing the time and place thereof, twenty days previously, in one of the Boston newspapers, and in any newspaper printed in the County of Washington, or by giving personal or written notice thereof twenty days previously to each stockholder of said Company-at which meeting a President Treasurer, Directors and other officers may be chosen, by laws adopted and any other Corporation business transacted-said officers to hold their offices, until the annual meeting next thereafter, and until others are chosen in their room.

Officers may be chosen.

Voters.

SECT. 14. Be it further enacted, That in all elections and in acting on any subject at said first meeting and all subsequent meetings, the decision shall be had by a majority of the votes actually given-and each share in the stock shall be entitled to one vote-Provided, that no stockkolder shall be entitled to more than thirty votesand any stockholder may vote by proxy authorized in writing; but no vote shall be given by any stockholder upon whose share or shares any instalment or arrearages shall be due and unpaid, more than thirty days, previous to the meeting.

Chapter 152.

AN ACT to incorporate the Frankfort Mercantile Wharf Company.

Approved March 24, 1836.

rators.

May hold estate

Be it enacted by the Senate and House of Representatives in Legislature assembled, That Elisha Chick Jun. David K. Name of CorpoArey, James B. Chick, their associates, successors and assignз be and they hereby are made a body corporate, by the name of the Frankfort Mercantile Wharf Company, Corporate name. for the purpose of erecting, maintaining, keeping in repair and managing a Wharf on their own land in the Town of Frankfort, in the County of Waldo. And said Company may purchase and hold any estate real and personal to an to the amount of amount not exceeding in value, at any one time, twenty five thousand dollars, with all the powers and privileges granted to similar Corporations, subject to all the duties. and requirements expressed in the several Acts defining the general powers and duties of Corporations; and also to the provisions of "An Act concerning Corporations" passed February sixteenth one thousand eight hundred and thirty six. Provided however that said Wharf shall not obstruct the free navigation of the Penobscot River.

$25,000.

Chapter 153.

AN ACT additional to an Act regulating the taking of Alewives, at Nequassett Falls in the Town of Woolwich.

Approved March 24, 1836.

a committee, &c.

SECT. 1. Be it enacted by the Senate and House of Representatives, in Legislature assembled, That the inhabitants of Town to choose the Town of Woolwich shall at their annual meeting in the month of March or April, choose one or more persons as a Committee who shall be sworn to the faithful discharge of the duty enjoined upon them by this Act, whose duty Duty of commitit shall be to cause such a sluice or passage way for the passage of Alewives over or through the Nequassett Mill Dam so called as said Committee may deem suitable, not exceeding twelve inches square however, to be opened on

tee.

Powers of committee.

Explanation of duties of committee.

Penalty.

the tenth day of May annually and to be kept open during the day time until the fish aforesaid have done passing over or through the same, and also to be kept open at the discretion of the Committee for the young fish to pass down during the months of August and September.

SECT. 2. Be it further enacted, That said Committee shall have power and are hereby authorized to locate said sluice or passage way at a point to be by said Committee determined east of the Grist Mill and west of Sewall Saw Mill to be so constructed as to be near the surface of the water as it rises and falls in the pond; and said Committee shall cause to be built and kept in repair a sufficient sluice or passage way over or through said dam under the direction of the Town of Woolwich and the expense of constructing and repairing such sluice or passage way shall be defrayed by said Town.

SECT. 3. Be it further enacted, That nothing in this Act shall be so construed as to authorize the Committee aforesaid to injure the proprietors or owners of any mill or other water works upon said dam, further than may be necessary to accomplish the purposes aforesaid; and if any person shall shut or otherwise obstruct the sluice or passage way aforesaid during the time specified in this Act except by the direction of said Committee, such person shall be subject to the penalties named in the eighth section of the Act to which this is additional.

SECT. 4. Be it further enacted, That all Acts and parts of Acts, inconsistent with the provisions of this Act be and the same are hereby repealed.

rators,

Chapter 154.

AN ACT to incorporate the Clinton Company.

Approved March 24, 1836.

SECT. 1. Be it enacted by the Senate and House of Repre

Name of Corpo- sentatives, in Legislature assembled, That William L. Wheeler George W. Perkins Jr., S. L. Mitchell, John Muliken,